International Arbitration and National Courts : The Never Ending Story

The Never Ending Story

By: Albert Jan Van Den Berg

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Paperback | 1 September 2001

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225 Pages

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23.39 x 15.6 x 1.42

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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 Award

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.

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Preface
Table of Contents
Welcoming Addresses	p. 1
Inaugural Address	p. 7
Vote of Thanks	p. 11
The Risks of Ambiguous Arbitration Agreements	p. 15
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	p. 16
Multi-Tiered Dispute Resolution Clauses	p. 24
Some Developments on Arbitrability and Related Issues	p. 44
The Effectiveness of Arbitration Clauses in India	p. 63
International Arbitration and National Courts: Who Has The Last Word?	p. 69
The Arbitrator's Responsibilities for the Proper Conduct of Proceedings and the Role of the Courts in Providing Supervision	p. 71
The Arbitrator's Responsibilities for the Proper Conduct of Proceedings	p. 80
The Arbitrator's Responsibilities and the Role of the Court in the Indian Context	p. 84
The Arbitral Proceedings: Ensuring Adequate Mechanisms for Organizing the Arbitral Process, Including Appointing and Removing Arbitrators	p. 88
The Grant of Interim Relief Under the Indian Arbitration Act of 1996	p. 93
Interim Measures Issued by Arbitral Tribunals and the Courts: Less Theory, Please	p. 97
Interim Reliefs: The Role of the Courts	p. 111
Redeeming Sisyphus: The Need to Invigorate Interim Relief in International Commercial Arbitration	p. 126
Interim Relief: The Role of Arbitrators and the Courts in India	p. 136
Availability of Interim Relief in Respect of International Arbitration	p. 138
Enforcement of Foreign Arbitral Awards in India	p. 143
Enforcement and Setting Aside of International Arbitral Awards - The Perspective of Common Law Countries	p. 145
Revisiting Hilmarton and Chromalloy	p. 165
Enforcement of Foreign Awards in India: Condition of Reciprocity	p. 177
Annex: The Indian Arbitration and Conciliation Act, 1996	p. 187
List of Oral Intervenors	p. 216
List of Participants	p. 219
List of ICCA Officers and Members	p. 247
Table of Contents provided by Blackwell. All Rights Reserved.

International Arbitration and National Courts : The Never Ending Story

The Never Ending Story

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Defective items

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