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Arbitration and the scope of judicial intervention : critical analysis

By: Contributor(s): Publication details: BangaloreBangalore NLSIU 2006Description: 156 p. ; 25 cmSubject(s): Online resources:
Contents:
1. INTRODUCTION; 1.1 WHAT IS ARBITRATION? 1.2 WHY ARBITRATION; 1.3 ARBITRABILITY; 1.4 THE UNCITRAL MODEL; 1.5 ARBITRATION LAW IN USA AND UK; 1.6 BRIEF HISTORY OF INDIAN ARBITRATION; 2. OVERVIEW OF THE ARBITRATION AND CONCILIATION ACT, 1996; 2.1 STATEMENT AND OBJECT; 2.2 SALIENT FEATURES OF THE ACT; 2.3 DIFFERENCE BETWEEN THE 1940 AND THE 1996 ACTS; 3. GROUNDS FOR COURT INTERVENTION; 3.1 INTRODUCTION; 3.2 EXTENT OF JUDICIAL INTERVENTION (SECTION 5); 3.3 POWER TO REFER PARTIES TO ARBITRATION WHERE THERE IS AN ARBITRATION AGREEMENT (SECTION 8); 3.4 INTERIM MEASURES BY COURT (SECTION 9); 3.5 APPOINTMENT OF ARBITRATORS (SECTION 11); 3.6 COURTS ASSISTANCE IN TAKING EVIDENCE (SECTION 27); 3.7 APPEALABLE ORDERS (SECTION 37) 3.8 LIEN ON ARBITRAL AWARD AND DEPOSIT AS TO COST (SECTION 39(2); 4. GROUNDS FOR COURT INTERVENTION: SETTING ASIDE THE ARBITRAL AWARD; 4.1 INTRODUCTlON; 4.2 I CAPACITY OF THE PARTY [SECTION 34(2)(a)(i)] 4.3 INVALDITY OF THE ARBITRATION AGREEMENT [SECTION 34(2)(a)(ii)] 4.4 NOTIES NOT GIVEN TO PAPRTY [SECTION 34(2)(a)(iii)] 4.5 AWARD BEYOND SCOPE OF REFERECE [SECTION 34(2)(a)(iv)] 4.6 ILLEGALIY IN THE COMPOSITON OF TRIBUNAL OR IN THE ARBITRATION PROCEDURE [SECTION 34(2)(a)(v)]; 4.7 DISPUTE NOT ARBITRABLE [SECTION 34(2)(b)(i)]; 4.8 AWARD AGAINST PUBLIC POLICY [SECTION 34(2)(b)(ii)]; 4.9 REMISSION OF THE AWARD [SECTION 34(4)]; 5. ANALYSIS, RECOMMENDATIONS AND CONCLUSION 5.1 ANALYSIS OF THE ACT AND AMENDMENTS REQUIRED; 5.2 RECOMMENDATIONS FOR BETTER FUNCTIONING OF THE ACT; 5.3 CONCLUSION; 6. ANNEXURES; 6.1 PART I OF THE INDIAN ARBITRATION AND CONCILIATION ACT, 1996; 6.2 THE UNCITRAL MODEL LAW ON INTERNATIONAL COMMERCIAL ARBITRATION
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Dissertation NLS Not for loan LLM127

1. INTRODUCTION; 1.1 WHAT IS ARBITRATION? 1.2 WHY ARBITRATION; 1.3 ARBITRABILITY; 1.4 THE UNCITRAL MODEL; 1.5 ARBITRATION LAW IN USA AND UK; 1.6 BRIEF HISTORY OF INDIAN ARBITRATION; 2. OVERVIEW OF THE ARBITRATION AND CONCILIATION ACT, 1996; 2.1 STATEMENT AND OBJECT; 2.2 SALIENT FEATURES OF THE ACT; 2.3 DIFFERENCE BETWEEN THE 1940 AND THE 1996 ACTS; 3. GROUNDS FOR COURT INTERVENTION; 3.1 INTRODUCTION; 3.2 EXTENT OF JUDICIAL INTERVENTION (SECTION 5); 3.3 POWER TO REFER PARTIES TO ARBITRATION WHERE THERE IS AN ARBITRATION AGREEMENT (SECTION 8); 3.4 INTERIM MEASURES BY COURT (SECTION 9); 3.5 APPOINTMENT OF ARBITRATORS (SECTION 11); 3.6 COURTS ASSISTANCE IN TAKING EVIDENCE (SECTION 27); 3.7 APPEALABLE ORDERS (SECTION 37) 3.8 LIEN ON ARBITRAL AWARD AND DEPOSIT AS TO COST (SECTION 39(2); 4. GROUNDS FOR COURT INTERVENTION: SETTING ASIDE THE ARBITRAL AWARD; 4.1 INTRODUCTlON; 4.2 I CAPACITY OF THE PARTY [SECTION 34(2)(a)(i)] 4.3 INVALDITY OF THE ARBITRATION AGREEMENT [SECTION 34(2)(a)(ii)] 4.4 NOTIES NOT GIVEN TO PAPRTY [SECTION 34(2)(a)(iii)] 4.5 AWARD BEYOND SCOPE OF REFERECE [SECTION 34(2)(a)(iv)] 4.6 ILLEGALIY IN THE COMPOSITON OF TRIBUNAL OR IN THE ARBITRATION PROCEDURE [SECTION 34(2)(a)(v)]; 4.7 DISPUTE NOT ARBITRABLE [SECTION 34(2)(b)(i)]; 4.8 AWARD AGAINST PUBLIC POLICY [SECTION 34(2)(b)(ii)]; 4.9 REMISSION OF THE AWARD [SECTION 34(4)]; 5. ANALYSIS, RECOMMENDATIONS AND CONCLUSION 5.1 ANALYSIS OF THE ACT AND AMENDMENTS REQUIRED; 5.2 RECOMMENDATIONS FOR BETTER FUNCTIONING OF THE ACT; 5.3 CONCLUSION; 6. ANNEXURES; 6.1 PART I OF THE INDIAN ARBITRATION AND CONCILIATION ACT, 1996; 6.2 THE UNCITRAL MODEL LAW ON INTERNATIONAL COMMERCIAL ARBITRATION