📘 Arbitration and Conciliation (As Amended by the Mediation Act, 2023)
✒️ Author: N.D. Basu
📆 Edition: 14th (2024)
🌐 Language: English
🏢 Publisher: Orient Publishing Company

The 14th Edition (2024) of N.D. Basu’s Arbitration and Conciliation stands as one of the most comprehensive, authoritative, and practitioner-oriented treatises on arbitration law in India. This updated edition meticulously incorporates the far-reaching implications of the Mediation Act, 2023 (Act No. 32 of 2023) and the latest judicial pronouncements interpreting the Arbitration and Conciliation Act, 1996, as amended.

With its legacy of scholarly precision and practical orientation, the book continues to serve as a definitive reference for lawyers, arbitrators, corporate counsel, and academicians, offering a balanced treatment of legislative framework, procedural nuances, and jurisprudential developments in domestic and international arbitration.

⚖️ Key Features of the 14th Edition (2024)

• Amended by the Mediation Act, 2023:
  Incorporates and analyses the Mediation Act, 2023, highlighting its interface with the Arbitration and Conciliation Act, 1996, especially in relation to:

  • Pre-litigation mediation

  • Settlement agreements and enforceability

  • Institutional mediation and conciliation

  • Legislative intent behind integrating mediation and arbitration as alternative dispute resolution (ADR) mechanisms

• Comprehensive Section-wise Commentary:
  Each provision of the Arbitration and Conciliation Act, 1996 has been critically examined with cross-references to case law, Law Commission Reports, and international instruments.

• Updated with Recent Amendments & Judicial Rulings:
  Includes important Supreme Court and High Court decisions up to December 2023, such as:

  • Perkins Eastman Architects DPC v. HSCC (India) Ltd. (2020) – on unilateral appointment of arbitrators

  • NTPC Ltd. v. SPML Infra Ltd. (2023) – on limitation in arbitral claims

  • Delhi Metro Rail Corporation v. Delhi Airport Metro Express Pvt. Ltd. (2022) – on scope of judicial interference under Section 34

  • Bharat Broadband Network Ltd. v. United Telecoms Ltd. (2019) – on eligibility of arbitrators and independence

  • Government of India v. Vedanta Ltd. (2020) – on enforcement of foreign awards

• Thorough Coverage of Arbitration Types & Jurisdictional Aspects:
  Explains domestic arbitration, international commercial arbitration, and foreign awards, with clear analysis of Part I and Part II of the Act, including the New York Convention and Geneva Convention Awards.

• Practical Guidance for Arbitration Practice:
  Provides detailed insights into:

  • Appointment of arbitrators

  • Challenge and termination of mandate

  • Arbitral proceedings and evidence

  • Interim measures under Section 9 and Section 17

  • Enforcement and setting aside of awards

  • Confidentiality, costs, and institutional arbitration

• Dedicated Commentary on the Mediation Act, 2023:
  Explains the structure, scope, and implementation of the Mediation Act, 2023, and its synergistic relationship with arbitration and conciliation, ensuring clarity on how the two frameworks coexist under India’s modern ADR regime.

• Comparative and Global Perspective:
  Offers comparisons with UNCITRAL Model Law, UK Arbitration Act, 1996, and Singapore Arbitration and Mediation laws, contextualizing India’s framework within global standards.

• Useful Appendices & Reference Material:
  Includes:

  • Full text of the Mediation Act, 2023

  • Arbitration and Conciliation Act, 1996 (as amended)

  • Model Arbitration Clauses and Institutional Rules

  • List of Recognized Arbitral Institutions

  • Tables of Cases, Statutes, and Rules for quick reference

📚 Contents Overview

Part I – Foundations of Arbitration Law

1. Historical Evolution of Arbitration in India

2. Objectives and Structure of the Arbitration and Conciliation Act, 1996

3. Relationship between Arbitration, Conciliation, and Mediation

4. Key Features of the Mediation Act, 2023

Part II – Domestic and International Arbitration

5. Part I – General Provisions on Arbitration

   • Definitions, scope, and party autonomy

   • Arbitration agreement (Sections 7–8)

   • Judicial intervention and reference to arbitration

6. Constitution of Arbitral Tribunal

   • Appointment procedures and challenges

   • Neutrality and independence of arbitrators

   • Termination of mandate and substitution

7. Jurisdiction of Arbitral Tribunal (Kompetenz-Kompetenz Principle)

8. Conduct of Arbitral Proceedings

   • Procedure, evidence, and hearings

   • Interim measures (Sections 9 & 17)

   • Court assistance in taking evidence

Part III – Arbitral Award & Enforcement

9. Arbitral Awards – Essentials, form, content, and time limits

10. Setting Aside of Awards (Section 34) – Grounds, limitation, and judicial review

11. Enforcement of Domestic Awards (Section 36) – Post-2015 and 2019 amendments

12. Finality and Binding Effect

Part IV – International Commercial Arbitration

13. Part II – Enforcement of Foreign Awards

• New York Convention and Geneva Convention framework

• Reciprocity, public policy, and procedural aspects

Part V – Conciliation and Mediation

14. Conciliation under Part III of the Act – Process, settlement, and enforceability

15. Mediation Act, 2023 – Scope, structure, and harmonization with arbitration

16. Comparative Study of Mediation & Conciliation

Part VI – Institutional Arbitration

17. Institutional vs. Ad hoc arbitration

18. Role of institutions such as MCIA, SIAC, LCIA, and ICC

19. Model Arbitration Clauses & Procedural Templates

Part VII – Miscellaneous and Practical Tools

20. Costs, Confidentiality, and Fast-track Arbitration (Section 29B)

21. Impact of the Arbitration and Conciliation (Amendment) Acts, 2015, 2019, and 2021

22. Drafting of Arbitration Clauses & Enforcement Strategies

🏛️ Highlights

• ✅ Incorporates Mediation Act, 2023 with cross-references

• ⚖️ Extensive case-law analysis from Indian and international jurisdictions

• 📘 Section-wise interpretation with contextual commentary

• 💼 Practical guidance for lawyers, arbitrators, and mediators

• 🌍 Comparative insights aligned with UNCITRAL principles

• 🧾 Model clauses, procedural templates, and legislative appendices

👩‍⚖️ Utility for Readers

This updated edition serves as an indispensable tool for:

• Judges, Lawyers, and Arbitrators involved in arbitration proceedings

• Corporate Legal Advisors drafting and managing dispute resolution clauses

• In-house Counsels overseeing commercial and cross-border contracts

• Law Students and Researchers specializing in ADR and commercial law

• Institutions and Policy Experts framing arbitration and mediation procedures

🧑‍💼 About the Author

N.D. Basu, an eminent scholar of arbitration law, is celebrated for his lucid writing, doctrinal depth, and analytical clarity. His works are frequently cited by courts and academicians for their precision and comprehensive understanding of the subject. Through decades of editions, Basu’s Arbitration and Conciliation has become synonymous with trust and authority in ADR jurisprudence.

⚖️ Conclusion

The 14th Edition (2024) of N.D. Basu’s Arbitration and Conciliation, published by Orient Publishing Company, is a masterpiece of legal scholarship, blending statutory precision, judicial insight, and practical wisdom. It not only integrates the Mediation Act, 2023 seamlessly into the arbitration framework but also contextualizes India’s ADR system within global best practices.

For practitioners and academicians alike, this edition remains the definitive guide to arbitration, conciliation, and mediation law in India — a benchmark in clarity, authority, and utility.

📖 In Summary:
A complete and updated guide to arbitration and mediation law — analytical, authoritative, and indispensable for every practitioner, scholar, and legal institution in India.