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Handbook on Investment Arbitration in India
The handbook on Investment Arbitration in India has been prepared by the team at the Centre for Arbitration and Research of Maharashtra National Law University Mumbai to create a reliable and accessible resource for the students, lawyers and practitioners. The handbook discusses the history, nature and fundamental concepts of investment arbitration. It also examines the investment arbitration cases involving India as a party, how investment arbitration awards are enforced in India and the recent debates and trends for the reforms in the investor-state dispute mechanisms. The handbook charts out various career options in this field.
Third-Party Funding in India: Survey Report 2021
This report examines the state of TPF in India by reviewing the existing legal framework. The report assesses the adequacy as well as the efficacy of the current legal framework by two methods. First, it studies the existing model of TPF in other jurisdictions and then evaluates the Indian laws on the touchstone of international best practices. Second, it seeks to gather the perception of third-party funders about the state of TPF in India by conducting a survey. Based on a comparative analysis and empirical data, the report suggests the way forward for TPF in India. This report aims to address the lacunae by suggesting plausible remedies that could be adopted to deal with these issues. This...
Issues On Arbitration
This book “Issues on Arbitration” is descriptive in nature. It has debated major contemporary issues like choice of laws, judicial intervention in the subject matter of arbitration, enforcement of an award, public rule, arbitrability in India and overseas and issues in international sports with regard to arbitration. It has also highlighted three major laws applicable on the subject matter of arbitration, that is, substantive law to the arbitration applicable, procedural (curial) law applicable to the arbitration and law applicable to the arbitration agreements. It justifies the arbitration practice(s) by observing few other jurisdictions of overseas along with India.
International Arbitration and India
This book offers a sound exposition of the theoretical foundations of international arbitration law using a comparative and cross-cultural approach. Exploring the normative approaches and legitimacy crisis in a transnational context, it aims to establish links between the respective legal regimes handling disputes. Identifying pragmatic solutions in the contemporary world of conflicting interests, this book investigates the latest trends in international arbitration law. This book will help readers understand and demonstrate how best to manage the unification efforts to achieve synergies and enhance the legitimacy of a pluralistic world of international arbitration law. The combination of conceptual analysis and archival investigation of landmark case laws provide the reader with a fresh innovative understanding of the depth of international arbitration law. The book will be important reading for instructors, practitioners and scholars.
Indian Review of Air and Space Law
Indian Review of Air and Space Law published by the Centre for Research in Air and Space Law at Maharashtra National Law University Mumbai aims to provide a unique forum for practitioners, regulators, policymakers and academics who deal with international, regional and national aviation and space law and policy. It is an academically led peer-reviewed academic review that aims to publish high-quality scholarship on air and space law spanning all areas including comparative, international and multidisciplinary perspectives.
INBA Viewpoint
Why this attempt! • How to Promote Arbitration & Mediation in India? • A Way Forward Towards Making India an International Arbitration Hub • Why and How of Arbitration and Mediation in India • A New Era of Arbitraton for India. Will It Rise to the Challenge? • Are the Changes to the Arbitration & Conciliation Act 1996 an Eyewash? • How to Make India an International Arbitration Hub • Need for Arbitration to be Recognized as an Effective and Long-Lasting Dispute Resolution Process • Will the Amended Arbitration and Conciliation Act Improve and Influence Foreign-Seated Arbitrations?
Indian Ocean and Maritime Security
This book provides a synoptic view of the Indian Ocean and maritime security in its contested waters. Using a historical approach, it reveals vital links to events in the present day. The volume: Highlights the competition between major Asian powers to control the ‘String of Pearls’ — a reference to the Chinese attempts at controlling the Indian Ocean periphery. Shows that cooperation amongst the major powers of the region could abate the threat of the potential of conflict becoming global and inviting external intervention. Discusses India’s Look-East policy and the deepening relation between India and the Association of Southeast Asian Nations (ASEAN). Argues for the need of Indian...
Institutional Arbitration
International arbitration has become the preferred dispute resolution mechanism in cross-border disputes. In the course of time, ad hoc arbitration, where the parties have to create their own rules and procedures, has increasingly been replaced by institutional arbitration where a specialised institution with a permanent organisation provides assistance and a set of practice-proven rules. The services and rules provided by the various institutions of arbitration differ. In order to inform the potential parties and their counsels about the differences and to make the choice between the different arbitration regimes easier, and to offer guidance through the various provisions, this book provid...
Czech and Central European Yearbook of Arbitration 2011: The Relationship between Constitutional Values, Human Rights and Arbitration
The topic for the inaugural edition of the Czech (& Central European) Yearbook of Arbitration (CYArb) is a highly interdisciplinary investigation into the relationship between human rights and arbitration. While providing a broad comparative approach of national tribunals from the perspective of different legal traditions, this topic has many significant practical aspects, such as service of process in arbitration proceedings. The CYArb also features articles by leading authorities from not only the Czech Republic but also Central and Eastern Europe, Switzerland and Russia on different topics in international arbitration; The Yearbook includes commentary and analysis of selected important ca...
