The Indian Law of Arbitration, though historically based on the English Law of Arbitration, now mirrors the international arbitration framework as set out in the UNCITRAL Model Law. This 5th edition while retaining the spirit and flavour of Justice Bachawat’s original work, incorporates all necessary changes in the light of changing arbitration jurisprudence.
1. Contains an exhaustive explanation of the statutory provisions of the Arbitration and Conciliation Act, 1996 as well as a detailed commentary.
2. Presents Notes, Comments and Explanations of the UNCITRAL Model Law as also the corresponding sections of the Arbitration and Conciliation Act, 1996.
3. Includes a comparative table indicating the corresponding provisions of the old 1940 Act to each new section of the 1996 Act.
4. Provisions of the Arbitration Act, 1940, have been reproduced in the Appendix
5. The text and commentary relating to each provision of the Arbitration Act, 1940 has been inserted in the relevant portions of the commentary under every corresponding section of the new 1996 Act.
6. As the cases decided under the provisions of the 1940 Act have now been incorporated into the common law of arbitration their import in the context of the 1996 Act has been analysed in detail.
7. The other modes of alternative dispute resolution (ADR), including negotiation, mediation, conciliation and other hybrid forms of ADR, have been explained.
8. Commentary on international commercial arbitration and enforcement of foreign awards has been enriched by using international case reports like Lloyd’s Law Reports, All England Law Reports, Yearbook of Commercial Arbitration etc.
Cases on specialized fields of arbitration such as
- grain trade, shipping,
- transport,
- banking,
- insurance, etc.