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Nathuni Lal's  Law of Arbitration
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Nathuni Lal's Law of Arbitration

by Revised by Justice Mahavir Singh (Retd.)
Edition: 4th Edition, 1983.
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Product Details:

Format: Paperback
Pages: 827 pages
Publisher: Eastern Book Company
Language: English
Dimensions: 24.2 CM X 4.80 CM X 16 CM
Publisher Code: B/168
Date Added: 2001-01-01
Search Category: Lawbooks
Jurisdiction: Indian

Overview:

This classic work on the old Arbitration Act of 1940 by an author of repute, is one of the few established books on the subject which enjoy the respect, and patronage of the legal profession. The author provides in the book a correct, concise, clear and complete view of the provision of each Section of the Act and a critical exposition of the principles involved therein, by references to decisions both English and Indian. An honest effort has been made to make the work handy and useful to the members of the legal profession.

The revising author, Justice Mahavir Singh, is already well known for his ever thorough and masterly treatise on the U.P. Co-operative Societies Act. He has done a thorough job of revising this work for its new edition. New case-law has been added and earlier reported cases have been reviewed carefully.

An exhaustive index has been added. A table of cases is also given.

Reviews
  • Law Books in Review, U.S.A. : 'Law Of Arbitration' written by Nathuni lal, and revised by Justice Mahavir Singh, details different forms of legalized arbitration under the Act as presently practiced. Types of arbitration covered in this work include arbitration without court intervention, court arbitration with or without suit, appeal system, court rules, and Chamber Of Commerce arbitration rules. Each chapter has a separate outline/synopsis at the beginning in bold type, and appropriate footnotes and/or cases at the bottom of the pages. The writing is lucid and the type and paper of good quality, the latter being greyish to cut down glare.

    The 4th revised edition, has added new case-law, court decisions, and a thorough subject index. Recommended for large international libraries, either as a new purchase, or a potential replacement for an older edition.
  • Indian Bar Review : The book, as can be seen in one glance, is an up-to-date edition, well annotated and well indexed and the work of revising must have been a tremendous job for Justice Mahavir Singh and he also needs to be congratulated for making the book up-to-date. It deserves to be recommended for those who practice the law of arbitration.
  • Kerala Law Times : The need has been adequately met by this book, which is sure to be handy for those connected with the subject. The substance, paper, printing and the binding leave nothing to be desired.
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Table Of Contents:

                   FOREWORD V
                   PUBLISHERS' NOTE TO THE FOURTH EDITION VI
                   PREFACE TO THE FIRST EDITION VIII
                   TABLE OF CASES XIII

THE ARBITRATION ACT,1940
                   Preamble 1

CHAPTER I : INTRODUCTORY
                   Short title, extent and commencement 34
                   Definitions 38

CHAPTER II : ARBITRATION WITHOUT INTERVENTION OF A COURT
                   Provisions implied in arbitration agreement 90
                   Agreement that arbitrators be appointed by third party 91
                   Authority of appointed arbitrator or umpire irrevocable except by
                   leave of court 97
                   Arbitration agreement not to be discharged by death of party thereto 107
                   Provisions in case of insolvency 112
                   Power of Court to appoint arbitrator or umpire 116
                   Power to party to appoint new arbitrator, or, in certain cases,
                   a sole arbitrator 130
                   Provision as to appointment of three or more arbitrators 138
                   Power to Court to remove arbitrators or umpire
                   in certain circumstances 144
                   Power of Court where arbitrator is removed or his authority revoked 147
                   Powers of arbitrator 151
                   Award to be signed and filed 173
                   Power of Court to modify award 208
                   Power to remit award 216
                   Judgment in terms of award 238
                   Power of Court to pass interim orders 262
                   Power to supersede arbitration where award becomes void or is
                   set aside 264

CHAPTER III : ARBITRATION WITH INTERVENTION OF A COURT WHERE THERE IS NO SUIT PENDING
                   Application to file in court arbitration agreement 267

CHAPTER IV : ARBITRATION IN SUITS
                   Parties to suit may apply for order of reference 291
                   Appointment of arbitrator 322
                   Order of reference 324
                   Reference to arbitration by some of the parties 330
                   Provisions applicable to arbitrations under this Chapter 332

CHAPTER V : GENERAL
                   Application of chapter 333
                   Power of arbitrators to make an interim award 334
                   Power to Court only to enlarge time for making award 337
                   Interest on awards 344
                   Grounds for setting aside award 348
                   Jurisdiction 422
                   Bar to suits contesting arbitration agreement or award 432
                   Arbitration agreement or award to be contested by application 442
                   Power to stay legal proceedings where there is an
                   arbitration agreement 449
                   Effect of legal proceedings on arbitration 496
                   Power of Court, where arbitration agreement is ordered not to apply
                   to a particular difference, to order that a provision making an
                   award a condition precedent to an action shall not apply to
                   such difference 500
                   Limitations 502
                   Disputes as to arbitrator's remuneration or costs 508

CHAPTER VI : APPEALS
                   Appealable orders 512

CHAPTER VII : MISCELLANEOUS
                   Small Cause Court not to have jurisdiction over arbitrations
                   save arbitrations in suits before it 529
                   Procedure and powers of Court 530
                   Service of notice by party or arbitrator 534
                   Power of Court to issue processes for appearance before arbitrator 535
                   Power to High Court to make rules 536
                   Government to be bound 538
                   Application of Act to statutory arbitrations 538
                   Act to apply to all arbitrations 543
                   Saving for pending references 547
                   Repeals and amendment [Repealed] 547
                   THE FIRST SCHEDULE 548
                   THE SECOND SCHEDULE 559
                   THE THIRD SCHEDULE 559
                   THE FOURTH SCHEDULE 559

APPENDICES
APPENDIX I. ACTS OF FOREIGN AWARDS
                   The Arbitration (Protocol and Convention) Act, 1937 561
                   The Foreign Awards (Recognition and Enforcement) Act, 1961 568

APPENDIX II. HIGH COURT RULES FRAMED UNDER SECTION 44
                   Allahabad High Court 576
                   Andhra Pradesh High Court 578
                   Bombay High Court 578
                   Calcutta High Court 591
                   Gauhati High Court 600
                   Gujarat High Court 601
                   Karnataka High Court 605
                   Kerala High Court 609
                   Madras High Court 609
                   Orissa High Court Rules 612
                   Patna High Court 615
                   Punjab and Haryana High Court 618
                   Rajasthan High Court 624

APPENDIX III. ARBITRATION RULES OF CHAMBERS OF COMMERCE
                   Bengal Chamber of Commerce and Industry 626
                   Bengal National Chamber of Commerce 637
                   Indian Chamber of Commerce, Calcutta Arbitration Rules 644
                   Rules and Regulations of the Indian Merchants Chamber 651
                   Bombay Chamber of Commerce and Industry 654
                   Madras Chamber of Commerce 659

APPENDIX IV. THE ENGLISH ARBITRATION ACT
                   The Arbitration Act, 1950 667
                   SUBJECT INDEX 685
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