Arbitration Law

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SO IN THIS VIDEO, WE HAVE STARTED A NEW SUBJECT WHICH IS ONE OF THE MOST IMPORTANT SUBJECT ARBITRATION ACT, 1940 I HAVE DISCUSSED THE INTRODUCTION OF THE ACT, & FROM SEC 3-5 Arbitration Act, 1940 #studylawwithbushra #ArbitrationAct1940 Like my page on Facebook: https://www.facebook.com/studylawwithbushra Follow me on Instagram: https://www.instagram.com/studylawwithbushra/?hl=en If you have further queries, please comment below. Subscribe to My Channel for More Informative Videos https://www.youtube.com/channel/UC9_KIVPtQWTrqHfy3qBt8OQ

Welcome to the 14th lecture in this lecture series on international arbitration practice. We have been discussing various components of an arbitration clause in the last few lectures. In this lecture, we deal with an important concept that is of recent vintage in international arbitration: the law of arbitration agreement. The law of arbitration agreement has gained prominence in international arbitration in the past two decades or so, with a call for having a specific clause in the arbitration agreement regarding the choice of the law of arbitration agreement in the last decade. We will deal with the theoretical aspects of the law of arbitration agreement may be in a future lecture. For now, we need to understand how these clauses are to be drafted.

Alternative Dispute Resolution - ADR - Law Lecture Revision & Notes Series - Part 2. Based on standard LLB syllabus. ----- Contents ----- 00:00 - Introduction 00:32 - Meaning & Basic Concepts of Arbitration 01:22 - What are the Purposes & Objectives of the Arbitration & Conciliation Act, 1996 02:21 - Trace the Evolution of the Arbitration & Conciliation Act, 1996 03:46 - What are the Main features of the Arbitration & Conciliation Act, 1996? 05:08 - What are the various types of Arbitration? 05:52 - What is Domestic arbitration? 06:13 - What is International arbitration? 06:38 - What is Foreign arbitration? 06:50 - What is Institutional arbitration? 07:23 - What is Specialized arbitration? 07:54 - What is Ad hoc arbitration? 08:23 - What is Statutory arbitration? 08:47 - What is Fast Track or ‘Documents only’ arbitration? This video series covers the essentials of Alternative Dispute Resolution from the perspective of the standard LLB syllabus (LLB - 3 years, BA LLB, BBA LLB, BSc LLB - 5 years). Videos in the LawMint ADR Law Lecture Series : ADR Part 1 - https://youtu.be/5ofezhLefVg ADR Part 2 - https://youtu.be/skc42Av2SQs ADR Part 3 - https://youtu.be/17iasZO9nN4 ADR Part 4 - https://youtu.be/75X3qPmt4K8 ADR Part 5 - https://youtu.be/dY9D0OIY7NA ADR Part 6 - https://youtu.be/MQzm6PIBFNM ADR Part 7 - https://youtu.be/16MvgK-1J7o ADR Part 8 - https://youtu.be/hNuPeWMkp3Y ADR Part 9 - https://youtu.be/r0UhB9Wa2Ts ADR Part 10 - https://youtu.be/abjVCwgOBdA

Maxwell Chambers successfully concluded Maxwell Lectures: Harmonising Judicial Approaches to Choice of Law in Arbitration Agreement on 19 August 2021, featuring Dr. Winnie Jo-Mei Ma from The Arbitration Chambers. This webinar explores the sources and causes of the incessant inconsistency and intricacy in judicial determination of the law governing the arbitration agreement. Alleviating the current uncertainty demands concerted efforts by the parties to expressly specify the law governing their arbitration agreement, as well as by legislatures and arbitral institutions to provide for default choice of law. Download Dr. Winnie's presentation slides and read her answers to the unanswered questions gathered from the webinar here: https://www.maxwellchambers.com/event/recap-maxwell-lectures-webinar-harmonising-judicial-approaches-to-choice-of-law-in-arbitration/ Poll results: (1) If (a) the parties have not expressly chosen any law for their arbitration agreement; (b) the parties have made different choices with respect to the law of the contract and the seat; and (c) the applicable laws or institutional rules do not provide a default choice of law for the arbitration agreement: What would be your most preferred law for the arbitration agreement? a. The law of the contract (without exceptions) - first round (25.9%) / second round (14.4%) b. The law of the contract (with exceptions) - first round (28.4%) / second round (24.2%) c. The law of the seat (without exceptions) - first round (12.8%) / second round (13.5%) d. The law of the seat (with exceptions) - first round (19.3%) / second round (30.7%) e. The law favourable to the validity of the arbitration agreement - first round (13.6%) / second round (17.2%) (2) What would be your most preferred scope of application for the choice of law rule in New York Convention Art V(1)(a) (from the narrowest to the widest)? a. Validity of arbitration agreement when determining an award’s enforceability - 38% b. Validity of arbitration agreement for all judicial determinations - 17.5% c. All issues concerning arbitration agreement (except for arbitrability and capacity) when determining an award’s enforceability - 22% d. All issues concerning arbitration agreement (except for arbitrability and capacity) for all judicial determinations - 22.5%

In this detailed lecture, we explore one of the most significant branches of Alternative Dispute Resolution (ADR) — **Arbitration**. Whether you are a **law student**, preparing for **judiciary exams**, or aiming to strengthen your **ADR concept clarity**, this video will give you a comprehensive understanding of arbitration under Indian law. --- **What’s Covered in This Video:** * What is Arbitration? * Definition as per Section 2(1)(a), Arbitration & Conciliation Act, 1996 * Nature & Characteristics of Arbitration * Importance in Commercial & International Disputes * Types of Arbitration: Domestic, International, Institutional & Ad Hoc * Arbitration Agreement under Section 7 * Appointment of Arbitrators (Section 11) * Enforcement of Arbitral Awards (Sections 35–36) * Foreign Awards under the New York & Geneva Conventions * Landmark Case Laws: * *Bhatia International v. Bulk Trading (2002)* * *BALCO v. Kaiser Aluminium (2012)* * *Amazon v. Future Retail (2021)* Delivered in a **Hindi-English mix**, this lecture provides simplified explanations, legal insights, and real-case references — ideal for writing scoring answers in law exams. --- **#Arbitration #ADR #AlternativeDisputeResolution #LLBLectures #JudiciaryPreparation #UGCNETLaw #ArbitrationAct1996 #InternationalArbitration #Lawvita #LegalEducation #LegalAwareness #AmazonCaseLaw** ---

The agreement to arbitrate is the foundation stone of international arbitration. It records the consent of the parties to submit to arbitration, which remains the essential basis of a voluntary international arbitration system. There are two basic types of arbitration agreement: the arbitration clause and the submission agreement. An arbitration clause deals with disputes that may arise in the future, It is usually contained in the principal contract to submit coming disputes to arbitration. Most international commercial arbitrations occur under an arbitration clause in a commercial contract. These clauses are often ‘midnight clauses’—the last ones to be considered in contract negotiations. By contrast, a submission agreement deals with an existing dispute that has already arisen— so it can be tailored to fit precisely the circumstances of the case. In addition to indicating the place of arbitration and the substantive law, it generally names the arbitrators, sets out the matters in dispute, and even provides for the exchange of written submissions and other procedural issues.

Professor Dr. Maxi Scherer was a guest speaker for the Akin Gump Arbitration Lecture series on 25 November 2020. Her presentation was titled “The Proper Law of the Arbitration Agreement: A Comparative Perspective.”