Introduction to Arbitration by Mallika Taly – Edition 2015

Introduction to Arbitration discusses the Arbitration and Conciliation Act, 2006 and its predecessor legislation i.e. Arbitration Act, 1940 in the present day legal context.

The book apart from basic concepts also includes Conduct of Domestic Arbitration, the Role of Judiciary in Arbitration, International Commercial Arbitrations and the Enforcement of Foreign Awards. It also explains other types of ADR Methods such as Negotiation, Conciliation and Lok Adalats. 

Selling Points:

Short, accessible chapters so that one can go through the book with ease.
Explains arbitration in a simple and concise way.
Fully updated with latest legislative and case law developments.
Chapter summaries giving the key points for quick revision.
Question bank containing essay type, problem based and multiple choice questions included with each chapter.
Contains tips on “How to Study the Subject” and prepare for examinations.
Free Additional Learning Resources on EBC ExplorerTM (www.ebcexplorer.com):

1. Includes a companion web resource EBC ExplorerTM powered by SCC Online which provides access to
important cases and statutes, indicated by the Case PilotTM and Statute PilotTM.
2. Faculty ResourcesTM – Helps to plan lectures. Also provides access to syllabus, reading lists alongwith
notes and guidelines by author on how to teach the subject.
3. Crack ItTM – To take self tests and evaluate the level of preparation.
4. Articles on arbitration, updates, a discussion forum and host of other free learning resources also
available.

 I. INTRODUCTION

1. Concept of arbitration

2. Statutory history of arbitration in India

3. Right to a speedy trial and arbitration

II. BASIC CONCEPTS

1. Derogable and non-derogable provisions .

2. Restricting the scope of judicial intervention

3. Concept of an arbitrable dispute

4. Types of arbitral proceedings

5. Agreement to arbitrate

III. ARBITRATION PROCEEDINGS

BEFORE THE TRIBUNAL ALONE

1. Commencement of arbitral proceedings

2. Appointment of Arbitrators by the parties

3. Challenge to the appointment of the Arbitral Tribunal .

4. Termination of an Arbitrator’s mandate

5. Doctrine of competence-competence . . 96

6. Interim measures from the Arbitral Tribunal

7. Conduct of proceedings

8. Making of an arbitral award

9. Termination of arbitral proceedings

10. Finality and enforcement of an arbitral award

IV. JUDICIAL INTERVENTION

1. Duty of the court to refer parties to arbitration

2. Interim measures from the court

3. Appointment of arbitrators by the court

4. Challenge to an arbitral award .

5. Appealable orders

6. Territorial jurisdiction of the courts

V. INTERNATIONAL COMMERCIAL ARBITRATION

1. Concept of international commercial arbitration .

2. Concept of applicable law .

3. Recognition of a foreign award

4. Enforcement of a foreign award

5. Applicability of Part I in international commercial arbitration proceedings

VI. OTHER ALTERNATE DISPUTE RESOLUTION METHODS AND THE CODE OF CIVIL PROCEDURE, 1908

1. Salem Bar Association case

2. Insertion of Section 89 in the CPC

3. Justice M. Jagannadha Rao Committee Report

4. Conciliation

5. Lok Adalat