Introduction to Arbitration in India
The Role of the Judiciary
By: Tushar Kumar Biswas
About This Book
Courts in different national systems vary with respect to how interventionist they are in the arbitral process. In recent decades, as India has entered the ranks of the worldè^--s major trading nations, the role of its judiciary in the matter of arbitration has increasingly been the subject of debate, as a result of a number of controversial decisions given by the courts. Is the role that has been played by the judiciary justified? That is the central issue of this distinctive book, the first to investigate and analyse the efficacy of international commercial arbitration in the Indian legal context.
AI Overview
The book "Introduction to Arbitration in India: The Role of the Judiciary" by Tushar Kumar Biswas provides a comprehensive analysis of arbitration in India, focusing on the role of the judiciary. Here is a detailed overview of the book:
Key Themes
- Arbitration in India: The book delves into the legal framework and practices of arbitration in India, covering various aspects such as the Arbitration and Conciliation Act, 1996, and its amendments.
- Role of the Judiciary: It examines the significant role the Indian judiciary plays in arbitration, including the appointment of arbitrators, interim measures, and the application of law.
- Interim Measures: The book discusses the trend of the Indian judiciary in granting interim measures and how these decisions impact the arbitration process.
- Applicable Law Issues: It analyzes the complexities and trends in the application of law in arbitration cases, highlighting the judiciary's approach to these issues.
- Good Faith: The concept of good faith is also explored, as it is a central issue in many arbitration cases, particularly in the context of Indian law.
Plot Summary
The book is structured to provide a clear and systematic understanding of arbitration in India, with a particular emphasis on the judiciary's involvement. It begins by introducing the foundational aspects of arbitration, including its history and legal framework in India. The subsequent chapters delve deeper into specific areas such as the appointment of arbitrators, the granting of interim measures, and the application of law in arbitration cases. The book also discusses the evolving trends and challenges in Indian arbitration, highlighting the judiciary's role in shaping these developments.
Critical Reception
While specific reviews are not provided in the search results, the book's publication by Kluwer Law International and its availability in various formats (hardcover and eBook) suggest that it is a reputable and authoritative resource in the field of arbitration law. The book's focus on the role of the judiciary indicates that it offers a nuanced understanding of how the legal system supports and influences arbitration practices in India.
Availability
The book is available through various online retailers, including AbeBooks, Waterstones, and Booktopia, indicating its accessibility to legal professionals, scholars, and practitioners interested in arbitration law in India.