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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.
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...
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.
Irrespective of the increasing harmonization of law at the transnational level, every arbitration raises a number of confl ict of laws problems relating to procedural questions as well as to issues concerning the merits of the case. Unlike a state court judge, the arbitrator has no "lex fori" in the proper sense providing the relevant confl ict rules to determine the applicable law. This raises the question of what confl ict of laws rules to apply and, consequently, of the extent of the freedom the arbitrator enjoys in dealing with this and related issues. The best example of the importance of confl ict of laws questions in arbitration is the Vivendi-Elektrim saga where the outcome of the various proceedings depended on the question of characterization. This very beneficial book is dealing with - the arbitration agreement, - the jurisdiction of the arbitral tribunal, - the law applicable to the merits and - the arbitration procedure.
This book provides a synoptic view of the Indian Ocean and maritime security in its contested waters. The volume highlights the competition between major Asian powers to control the Indian Ocean periphery; shows that cooperation amongst the major regional powers could abate the threat of the potential of conflict becoming global and inviting external intervention; and discusses India’s Look East policy and the deepening relation between India and ASEAN. It argues for the need for Indian Ocean states and particularly SAARC members of the Indian Ocean Rim Association to look afresh at their political and security issues and common interests. It also suggests measures for evolving a robust mechanism of maintaining the Indian Ocean as a sustainable zone of commerce, energy, security and peace rather than threat.
Explores how the text and principles of the UNCITRAL Model Arbitration Law are implemented, or not, in key Asian jurisdictions.
Access to Justice in Arbitration Concept, Context and Practice Edited by Leonardo V P de Oliveira & Sara Hourani The exponential growth of arbitration beyond commercial and investment matters, reaching disputes that have traditionally been decided by courts - such as labour and employment, sports, and competition disputes, and those involving human rights violations - raises questions about the impact of this expansion on access to justice. This collection of essays by arbitral practitioners, academics, and arbitral institution officials presents, for the first time, an in-depth analysis of the role access to justice plays in arbitration. Overall, the book assesses how access to justice can ...
Because document production can discover written evidence that would otherwise not be available, it is often the key to winning a case. However, document production proceedings can be a costly and time-consuming exercise, and arbitral awards in particular are often challenged on grounds that relate to document production orders. The task of balancing the conflicting interests of the parties in this context is a major responsibility of arbitral tribunals. This book's analysis focuses on whether there exist legal principles on which arbitrators should establish rules of document production in both civil law and common law countries, and shows how international arbitration is affected. The auth...