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Composition of an Arbitral Tribunal: Reconciling the Judicial Turmoil

Composition of an Arbitral Tribunal: Reconciling the Judicial Turmoil COMPOSITION OF AN ARBITRAL TRIBUNAL: RECONCILING THE JUDICIAL TURMOIL by K. M. Akaant A. INTRODUCTION The Indian Arbitration and Conciliation Act 1996 (hereinafter ‘The Act 1996’) strives to provide an alternative to the Court as a method of dispute resolution while giving parties autonomy in the method of resol- ving their disputes. Party autonomy has been ensured to the parties on various aspects such as choosing the place of arbitration, the procedure to be followed by the arbitral tribunal in conducting its proceedings, language, amongst others. Such autonomy has also been extended with respect to the composition of the arbitral tribunal under section 10 in a * An advocate at the Constitutional Courts, and National Company Law Tribunal, Delhi and Chandigarh. He is also a visiting faculty at the NUJS, Kolkata and the author of the commentary Insolvency and Bankruptcy Code – Law and Practice, forworded by Justice Suryakant, Judge, Supreme Court of India and published by EBC Publishers. An intro- ductory version of this piece was carried by Journal of Indian Law Institute (JILI) in 2020, Volume 62(4). The author also acknowledges the research and assistance of Ms Manisha Arora, 3rd Year, B.A.LLB. (Hons.), student at Damodaram Sanjivayya http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Asian International Arbitration Journal Kluwer Law International

Composition of an Arbitral Tribunal: Reconciling the Judicial Turmoil

Asian International Arbitration Journal , Volume 17 (2): 28 – Oct 1, 2021

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Publisher
Kluwer Law International
Copyright
Copyright © 2021 Kluwer Law International BV, The Netherlands
ISSN
1574-3330
Publisher site
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Abstract

COMPOSITION OF AN ARBITRAL TRIBUNAL: RECONCILING THE JUDICIAL TURMOIL by K. M. Akaant A. INTRODUCTION The Indian Arbitration and Conciliation Act 1996 (hereinafter ‘The Act 1996’) strives to provide an alternative to the Court as a method of dispute resolution while giving parties autonomy in the method of resol- ving their disputes. Party autonomy has been ensured to the parties on various aspects such as choosing the place of arbitration, the procedure to be followed by the arbitral tribunal in conducting its proceedings, language, amongst others. Such autonomy has also been extended with respect to the composition of the arbitral tribunal under section 10 in a * An advocate at the Constitutional Courts, and National Company Law Tribunal, Delhi and Chandigarh. He is also a visiting faculty at the NUJS, Kolkata and the author of the commentary Insolvency and Bankruptcy Code – Law and Practice, forworded by Justice Suryakant, Judge, Supreme Court of India and published by EBC Publishers. An intro- ductory version of this piece was carried by Journal of Indian Law Institute (JILI) in 2020, Volume 62(4). The author also acknowledges the research and assistance of Ms Manisha Arora, 3rd Year, B.A.LLB. (Hons.), student at Damodaram Sanjivayya

Journal

Asian International Arbitration JournalKluwer Law International

Published: Oct 1, 2021

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