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International Arbitration and National Courts : The Never Ending Story :  The Never Ending Story - Albert Jan van den Berg

International Arbitration and National Courts : The Never Ending Story

The Never Ending Story

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Published: September 2001
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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 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.

Preface
Table of Contents
Welcoming Addressesp. 1
Inaugural Addressp. 7
Vote of Thanksp. 11
The Risks of Ambiguous Arbitration Agreementsp. 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 Arbitrationp. 16
Multi-Tiered Dispute Resolution Clausesp. 24
Some Developments on Arbitrability and Related Issuesp. 44
The Effectiveness of Arbitration Clauses in Indiap. 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 Supervisionp. 71
The Arbitrator's Responsibilities for the Proper Conduct of Proceedingsp. 80
The Arbitrator's Responsibilities and the Role of the Court in the Indian Contextp. 84
The Arbitral Proceedings: Ensuring Adequate Mechanisms for Organizing the Arbitral Process, Including Appointing and Removing Arbitratorsp. 88
The Grant of Interim Relief Under the Indian Arbitration Act of 1996p. 93
Interim Measures Issued by Arbitral Tribunals and the Courts: Less Theory, Pleasep. 97
Interim Reliefs: The Role of the Courtsp. 111
Redeeming Sisyphus: The Need to Invigorate Interim Relief in International Commercial Arbitrationp. 126
Interim Relief: The Role of Arbitrators and the Courts in Indiap. 136
Availability of Interim Relief in Respect of International Arbitrationp. 138
Enforcement of Foreign Arbitral Awards in Indiap. 143
Enforcement and Setting Aside of International Arbitral Awards - The Perspective of Common Law Countriesp. 145
Revisiting Hilmarton and Chromalloyp. 165
Enforcement of Foreign Awards in India: Condition of Reciprocityp. 177
Annex: The Indian Arbitration and Conciliation Act, 1996p. 187
List of Oral Intervenorsp. 216
List of Participantsp. 219
List of ICCA Officers and Membersp. 247
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9789041116475
ISBN-10: 9041116478
Series: Legal Aspects of International Organization
Audience: General
Format: Paperback
Language: English
Number Of Pages: 225
Published: September 2001
Publisher: Kluwer Law International
Country of Publication: NL
Dimensions (cm): 23.39 x 15.6  x 1.42
Weight (kg): 0.38