Evolution of Section 11 of the Indian Arbitration Act : Pre-Konkan Railway to 2018 Amendments
Section 11 of the Indian Arbitration Act, 1996 has without fail been the most contentious section in the statue. Over the years, the section has been dramatically transformed from what it stood for before. The article attempts to trace the evolution and progress of Section 11 over the years, right from the significant case of Konkan railway to the most recent amendments introduced by the bill of 2018. The first part of the article portrays that Section 11 in India had its humble origins as a plain embodiment of the UNCITRAL model rules, and eventually how landmark judicial precedents transformed it into one of the most progressive statues on the appointment of arbitrators. Everything from the nature of the statue to the scope of proceedings under section 11 was subject to challenge before the supreme court of India. The conundrums only widened with the introduction of the amendments of 2015 and the proposed amendments of 2018. At several instances, it appears as if the judiciary itself is unsure of the standing of section 11. Despite all the conundrums, Section 11 has been the life support to the field of arbitration in India. Regardless of progress, Section 11 has indeed created a never-ending saga of judicial interpretation
Year of publication: |
2019
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Authors: | Rajeevi, Archa |
Publisher: |
[2019]: [S.l.] : SSRN |
Subject: | Indien | India | Schienenverkehr | Railway transport | Schiedsgerichtsbarkeit | Arbitration | Bahnpolitik | Railway policy |
Saved in:
freely available
Extent: | 1 Online-Ressource (9 p) |
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Type of publication: | Book / Working Paper |
Language: | English |
Notes: | Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments March 16, 2019 erstellt |
Other identifiers: | 10.2139/ssrn.3353646 [DOI] |
Source: | ECONIS - Online Catalogue of the ZBW |
Persistent link: https://www.econbiz.de/10012890555
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