Report by Santanu Ganguly: Thomson Reuters will be releasing the third edition of O.P. Malhotra's "The Law and Practice of Arbitration and Conciliation” by Senior Advocate, Supreme Court of India, Indu Malhotra. The book will be launched by Honorable Chief Justice of Indian P. Sathasivam in the presence of Guest of Honour Justice M. N. Venkatachaliah, (former Chief Justice of India) and will be the first book by an Indian author on the subject of Investment Treaty Arbitration.
O.P Malhotra on Arbitration and Conciliation by Indu Malhotra, is a comprehensive treatise on the Indian Arbitration & Conciliation Act, 1996. The book has been cited as an authority in various judgements of the Indian Supreme Court. The book has explained the concept of Bilateral Investment Treaty, and has carried out a critical analysis of the White Industries case. It is the first book by an Indian author on the subject of Investment Treaty Arbitration. The book has also analysed the concept of Anti-Arbitration Injunction, and its application in terms of domestic and foreign arbitration. The other highlights of the third edition include interesting additions on critical features of an Arbitration Agreement, Group of Companies Doctrine, Doctrine of Prospective Over-ruling, public policy defence in enforcement of domestic and foreign arbitrate awards, and also a critical analysis on the scope of judicial interference in domestic and international arbitration.
The Third edition of O.P Malhotra on Arbitration and Conciliation by Indu Malhotra, is a comprehensive treatise on the Indian Arbitration & Conciliation Act, 1996. The book has been cited as an authority in various judgments of the Indian Supreme Court. The third edition of the book provides a critical analysis of the recent judgments delivered by the Supreme Court upto January, 2014.
During the past two years, there has been a remarkable development in Indian arbitration law. The judgment in Bharat Aluminum Co. v. Kaiser Aluminum Technical Services has changed the arbitration landscape in India. The judgment has been extensively covered and analyzed in this edition. The book provides a lucid picture of a thorough understanding for the readers who will be acquainted with the effect of the judgment, on various provisions of the Act, and applicability of Part I to foreign-seated arbitrations, and the principle of territoriality. The author has also commented on recent landmark judgments of the Supreme Court delivered in Chloro Controls, Shree Lal Mahal, Swastik Gases, and World Sports Group.
The third edition of the commentary contains additional chapters on new and contemporary topics, such as International Treaty Arbitration and Anti-Arbitration Injunctions. These topics are of contemporary relevance in view of a spate of claims having been raised recently against the Indian Government. The book has explained the concept of Bilateral Investment Treaty, and has carried out a critical analysis of the White Industries case. It is the first book by an Indian author on the subject of Investment Treaty Arbitration. The book has also analyzed the concept of Anti-Arbitration Injunction, and its application in terms of domestic and foreign arbitrations.
The other highlights of the third edition include interesting additions on critical features of an Arbitration Agreement, Group of Companies Doctrine, Doctrine of Prospective Over-ruling, public policy defense in enforcement of domestic and foreign arbitral awards, and also a critical analysis on the scope of judicial interference in domestic and international arbitrations.
Time and venue details:
Date: April 7, 2014
Time: 5:00 pm onwards
Venue: Teen Murti Auditorium, New Delhi
Detailed Program Agenda:
5:00 to 5:05pm: Welcome address by Mr. Swarup Choudhury , Managing Director, India Thomson Reuters
5:05 to 5:15pm: Keynote Address by Justice M.N Venkatachaliah, Guest of Honour
5:15 to 5:25pm: Book Release and Address by the Hon’ble Chief Justice of India P. Sathasivam
5:25 to 5:35pm: Address by Hon’ble Mr. Justice R. M.Lodha, Judge, Supreme Court of India
5:35 to 5:55pm: Discussion on Investment Treaty Arbitration – White Industries case by Mr. F. S. Nariman, Senior Advocate & Ms. Zia Mody, Managing Partner, AZB & Partners
5:55 to 6:00pm: Author’s address
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