International Arbitration and National Courts

by Van Den Berg, Albert Jan

• ISBN13: 9789041116475
• ISBN10: 9041116478
• Format: Paperback
• Copyright: 2001-08-01
• Publisher: Kluwer Law Intl

Summary

The relationship of national courts and arbitration has been improved by the 1958 New York Convention, arbitration legislation based on the highly successful UNCITRAL Model Law on International Commercial Arbitration, and an ever-increasing body of arbitration specialists in the legal community. Yet many issues still remain in this 'never-ending story'. They are explored in ICCA Congress Series no. 10, which contains the proceedings of the ICCA Conference 2000, held in New Delhi in March 2000. This Conference, hosted by the Indian Council of Arbitration, explored four topics covering the full range of the arbitral process: The Contract: Ensuring its Validity and Effectiveness The Arbitral Proceedings: The Arbitrator's Responsibilities For The Proper Conduct of Proceedings And The Role of the Courts in Providing Support and Supervision Interim Relief: The Role of Arbitrators And The Courts Enforcement and Setting Aside of Awards. These issues are addressed both from a global point of view and with a particular focus on the recent Indian Arbitration and Conciliation Act 1996, The text of which is reproduced in the Annex.

Table of Contents

Preface	v
Albert Jan van den Berg
Table of Contents	vii
WELCOMING ADDRESSES
A.C. Muthiah	1	(4)
Pieter Sanders	5	(2)
INAUGURAL ADDRESS
His Excellency Mr. K.R. Narayanan, President of India	7	(4)
VOTE OF THANKS
Chirayu R. Amin	11	(4)
SESSION I The Contract: Ensuring Its Validity and Effectiveness
The Risks of Ambiguous Arbitration Agreements	15	(1)
B.N. Kirpal
What Causes Courts to Disregard Agreements to Arbitrate, and How Can Such Agreements Be Improved to Avoid That Fate According to New Arab Laws of Arbitration	16	(8)
M.I.M. Aboul-Einen
Multi-Tiered Dispute Resolution Clauses	24	(20)
Michael Pryles
Some Developments on Arbitrability and Related Issues	44	(19)
Hilmar Raeschke-Kessler
The Effectiveness of Arbitration Clauses in India	63	(6)
Dipanker Gupta
SESSION II The Arbitral Proceedings: The Arbitrator's Responsibilities for the Proper Conduct of Proceedings and the Role of the Courts in Providing Support and Supervision
International Arbitration and National Courts: Who Has The Last Word?	69	(2)
L. Yves Fortier
The Arbitrator's Responsibilities for the Proper Conduct of Proceedings and the Role of the Courts in Providing Supervision	71	(9)
Gerold Herrmann
The Arbitrator's Responsibilities for the Proper Conduct of Proceedings	80	(4)
Arthur L. Marriott
The Arbitrator's Responsibilities and the Role of the Court in the Indian Context	84	(4)
R.K.P. Shankardass
The Arbitral Proceedings: Ensuring Adequate Mechanisms for Organizing the Arbitral Process, Including Appointing and Removing Arbitrators	88	(5)
Mukul Rohatgi
SESSION III Interim Relief: The Role of Arbitrators and the Courts
The Grant of Interim Relief Under the Indian Arbitration Act of 1996	93	(4)
Lalit Bhasin
Interim Measures Issued by Arbitral Tribunals and the Courts: Less Theory, Please	97	(14)
Pierre A. karrer
Interim Reliefs: The Role of the Courts	111	(15)
Lira Goswami
Redeeming Sisyphus: The Need to Invigorate Interim Relief in International Commercial Arbitration	126	(10)
Zia Modi
T.T. Arvind
Interim Relief: The Role of Arbitrators and the Courts in India	136	(2)
Abhishek M. Singhvi
Availability of Interim Relief in Respect of International Arbitration	138	(5)
Dushyant A. Dave
SESSION IV Enforcement and Setting Aside of Awards
Enforcement of Foreign Arbitral Awards in India	143	(2)
R.S. Lodha
Enforcement and Setting Aside of International Arbitral Awards - The Perspective of Common Law Countries	145	(20)
Michael Hwang
Andrew Chan
Revisiting Hilmarton and Chromalloy	165	(12)
Pierre Mayer
Enforcement of Foreign Awards in India: Condition of Reciprocity	177	(10)
Pemmaraju Sreenivasa Rao
Annex: The Indian Arbitration and Conciliation Act, 1996	187	(29)
List of Oral Intervenors	216	(3)
List of Participants	219	(28)
List of ICCA Officers and Members	247