Alternative Dispute Resolution

Description

Alternative Dispute Resolution (ADR) is a mechanism to resolve disputes outside the courtroom through mediation, arbitration, negotiation, and conciliation. With the rapidly changing business and commerce landscape, the demand for efficient and time-bound methods of dispute resolution has increased. As a departure from the traditional adversarial system of dispensing justice, which is expensive, slow, and often ineffective, ADR provides the panacea of early resolution of disputes to the warring parties.

This book provides an insight into the contemporary aspects of the law and practice of ADR in India. The volume, with contributions from eminent experts, sheds light on the usage of the best practices of dispute resolution in India, and answers complex legal questions related to ADR. It equips the readers to understand the challenges associated with the ever-increasing ADR mechanism, and addresses issues that have emerged following the enactment of the Arbitration and Conciliation (Amendment) Act, 2015.

About the Editor
Shashank Garg is a partner in Advani & Company, New Delhi, India. He has contributed significantly to publications on alternative dispute resolution.

Reviews

‘This volume takes the course of addressing separately domestic arbitration, international arbitration, investment arbitration, and mediation. Each is addressed in scholarly but manageable chapters written by prominent experts in the field. The chapters are well referenced not only to Indian authority but to wider international materials.’
—David Joseph QC, Essex Court Chambers, London

‘It is to be commended that Shashank Garg chose to devote a large section to mediation, in which mediation in general and mediation in the Indian legal and cultural contexts are presented in depth. The chapters on mediation in India explain the process and its legal settings, and they offer pragmatic tips for users, advocates, and mediators. This is a timely and optimistic plea to advance mediation culture in India and across the world.’
—Greg Bond, University of Applied Sciences Wildau, Bond and Bond Mediation, Germany

‘This volume is a compilation of topical articles authored by leading practitioners of alternative dispute resolution in India, including members of the judiciary, private practitioners, and in-house counsel. Spanning domestic and international arbitration as well as mediation, it provides insightful commentary on subjects such as the appointment of emergency arbitrators and expert witnesses, the Commercial Courts Act 2015, the allocation of costs in international arbitrations, institutional arbitration in India, and the rise of commercial mediation.’
—Brooks Daly, Deputy Secretary General, Permanent Court of Arbitration, The Hague, The Netherlands

‘This volume is a rich and ready resource of important issues and challenges that exist in the current system, as well as a commentary on the evolving legal and judicial outlook. The contributors are accomplished judges and lawyers—stalwarts of the profession, their writings reflecting their intellectual zeal and insightfulness. The topics explore the classical as well as current aspects of India’s legal framework for alternative dispute resolution with rigorous jurisprudence.’
—S.A. Bobde, Judge, Supreme Court of India

‘With contributions from luminaries in the field of ADR, the volume has been strategically divided into three segments, which pave way through the myriad complexities in the fields of arbitration and meditation, with a simple, yet elaborate insight. The grass-root level approach of the book, into understanding arbitration and mediation has the ability to engage a wide array of readers from students, academicians, scholars, to professionals.’
—R.K. Agrawal, Judge, Supreme Court of India

‘A large canvas of issues involved have been dealt with in respect of both domestic and international arbitration, investment arbitration, and the amicable resolution method of mediation. Opinions have been expressed by judges, arbitrators, counsels, solicitors, and in-house counsels through the lucid chapters published in this volume specially taking into consideration the amendments to the law and the international trends and practices.’
—Sanjay Kishan Kaul, Judge, Supreme Court of India

‘A very timely and original addition in a critically important field.’
—Gary Born, President, Singapore International Arbitration Centre Court

‘This volume is an in-depth study of the growth and progress in the said field of arbitration and mediation. The chapters are written by eminent experts who have a varied experience in the field. They are informative and have dealt with a number of issues extensively, such as interim measures, independence of arbitration tribunal, seat of international arbitration, commercial mediation, and so on.’
—Jayant Nath, Judge, High Court of Delhi

‘Alternate Dispute Resolution will be immensely useful to young lawyers in charting their path to academic excellence and professional success. This coveted compilation provides the readers with a comprehensive resource which succinctly encapsulates the relevant legal concepts in the field of ADR. It will undoubtedly be a crucial addition to the law libraries, illumi-nating the readers across the country and beyond.’
—Dilip B. Bhosale, Chief Justice, High Court of Allahabad

‘The volume is an all-encompassing compilation of essays by authors who exhibit a deep understanding of the underlying theme that is the importance of ADR practices as means of resolving disputes in India. A product of Shashank Garg’s tireless efforts, it is a comprehensive volume which addresses a diverse audience comprising not only the conventional players in our field, such as lawyers, judges, academicians, and law students but may also be of interest to general public.’
—Gita Mittal, Acting Chief Justice, High Court of Delhi

‘Alternative Dispute Resolution: The Indian Perspective is a book one of its kind, seldom found but desperately sought. It deals with the diverse nuances of the subject making an inimitable contribution to the field especially for those who have an interest in arbitration, want to familiarize themselves with the basics and even those who are on a hunt for a comprehensive conception.’
—A.K. Sikri, Judge, Supreme Court of India

‘This volume is avowedly distinct from other books on the same subject and is a must-in-hand for every user of alternative dispute resolution practices as it is written in a language that is lucid and explains the subject in a notional manner instead of the classic method of provision-wise study by memorization. A sweeping coverage of the Indian law and the amplitude of the subject matter are the essence of this volume, but it is indeed the recon-naissance of best practices that forms the silver lining. The arrangement of the book as conceived and adopted by Shashank Garg and maintained by the contributors is exactly what makes it a remarkable beneficence to the domain of ADR and an opulent resource for both Indian practitioners and those seeking to resolve their disputes with the aid of ADR.’
—Martin Hunter, International Arbitration Expert, Essex Court Chambers, London

Table of contents

Foreword by Alexis Mourre
Preface
Guest Editor’s Note by Justice Ajit Prakash Shah
Introduction: Experts on ADR in India by Justice D.Y. Chandrachud
List of Abbreviations

PART I DOMESTIC ARBITRATION

1. Alternative Dispute Resolution: Is It an Alternative Mechanism? Arijit Pasayat
2. Interim Measures under the Indian Arbitration and Conciliation Act, 1996 10 Atmaram N.S. Nadkarni
3. Impartiality and Independence of the Arbitral Tribunal R.C. Lahoti and Divyakant Lahoti
4. The Doctrine of Kompetenz–Kompetenz: An Indian Perspective Suresh C. Gupte
5. Grounds for Challenging an Arbitral Award in India Tushar Mehta
6. Rectification of Jurisdiction to Entertain Arbitration Applications in the Commercial Courts Act 2015: Pending Practical Re-alignment to Restore the Statutory Right to Appeal? Ajay Bhargava
7. Institutional Arbitration in India: The Way Forward Deepto Roy and Madhukeshwar Desai
8. Emergency Arbitrator in the Indian Context Tejas Karia
9. Rise of the Expert Witness in Alternative Dispute Resolution Gagan Puri, Geetu Singh, and Deepankar Sanwalka
10. Med-Arb Rajiv Shakhder
11. Limits of Arbitrability: Some Jurisdictional Issues in the Context of Public Law Remedies Parag P. Tripathi
12. Arbitration: An In-house Counsel’s Perspective Sanjeev Gemawat

PART II INTERNATIONAL ARBITRATION

13. The Concept of Seat in International Arbitration: Developments in India Vikramjit Sen and Satyajit Gupta
14. Introduction to Investment Arbitration: A Perspective from India Shreyas Jayasimha and Radha Raghavan
15. Allocation of Costs in International Arbitration Sonal Kr. Singh and Manish Lamba
16. International Arbitration with an Indian Connection Sheila Ahuja

PART III MEDIATION

17. Commercial Mediation: An Evolving Frontier of Alternative Dispute Resolution in India Allison M. Malkin and D. Gracious Timothy
18. Mediation in India: Practical Tips and Techniques Thomas P. Valenti and Tanima Tandon

Annexure I: Resources
Annexure II: References
Index
About the Editor and Contributors