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Contracts and Arbitration for Managers

Contracts and Arbitration for Managers

© 2016 | 252 pages | SAGE Publications Pvt. Ltd

This book presents contracts and arbitration from a business perspective. The book targets managers and engineers – who do not have a formal law education– but grapple with issues related with contracts and arbitration very often. It will help them in dealing with these issues while making strategic business decisions.

Institutional and Ad Hoc Arbitration
Liquidated Damages
Force Majeure
Arbitration Clause
Mandate of an Arbitrator
Challenging an Award
Public policy
Appendix: Important Definitions

[This is] an outstanding book written authoritatively on the topic of contract and arbitration. It fills a huge void on the topic and would be useful and of great interest to every business manager at all levels. Professor Agarwal’s academic distinction and professional brilliance in engineering and law with a vast experience on these subjects make him ideally suited to write the book: A unique book of its kind.

Bishwajit Bhattacharyya,
Senior Advocate (Supreme Court) and Former Additional Solicitor General of India

Professor Agarwal has straddled business, law and academia providing his book with the rigour of a researcher, the world view of management and the practical issues noticed by lawyers in their professional life. His multiple viewpoints strengthened by his interaction with industry participants at the IIM Ahmedabad (IIMA) campus give him a strong foundation on the subject which is never divorced from reality. This is a must-read for managers, students and law professionals who are interested in the subject.

Sandeep Parekh,
Founder, Finsec Law Advisors, Mumbai

I am happy to know that Professor Anurag K. Agarwal, an engineer turned lawyer, turned Professor of business law at IIMA has come out with another unconventional book titled Contracts and Arbitration for Managers, bringing holistic perspective of the concept of contract and arbitration with a practical approach. In the post-liberalisation era, it is fairly common for commercial contracts, whether with private corporations or with the government, to usually contain an arbitration clause, which requires sound legal strategy right from the language of terms of contract including arbitration clause, till the execution/enforcement stage. I am sure stakeholders will find this book to be a complete encyclopaedia on the subject.

Justice N.N. Mathur,
Former Vice Chancellor, National Law University, Jodhpur

It is one of the most lucid read. Only Professor Agarwal could pull up such a work, where the intricate concept of laws are explained in the most understandable terms. I believe it is a must-read for corporate managers. Especially in modern times when every manager is facing issues with contract management and alternative dispute resolution, this book comes as an interesting read. I have had the occasion of attending Professor Agarwal’s classes during my MBA days from IIMA. Let me say there are very few teachers who can teach the complex legal principles in such simple language. Most of my understanding of contract laws and international commercial arbitration is courtesy the teachings of Professor Agarwal. I can say he is one of the best teachers that IIMA has.

Mukul Shastry,
Chief Manager—Legal, KEC International Limited, Mumbai

Ten years back, during my brief stint as an intern under Professor Agarwal, one of the projects I loved working on was in relation to mental health laws in India and abroad. As it was my first internship, I tried hard to include all relevant sections of the legislations. When I took my work over to him, he asked me if I had watched the movies Seema and Sadma. We saw portions of both movies in his chamber and debated over unsoundness of mind and consent. He always managed to bring any subject alive. That is exactly what he has done with this book.

Peppering each chapter with instances that draw up parallels in real life, the book goes on to explore the origin of the contract and arbitration law, analyses them from an international as well as Indian perspective, clearly enumerates the various facets involved and contains some very direct takeaways, answering the practical doubts that every manager faces when dealing with contracts filled with legalese and arbitration clauses. Simply put, this book effectively demystifies the law and would be an effective guide for all professionals.

Karishma Baria.
Senior Associate, Wadia Ghandy & Co., Mumbai

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ISBN: 9789351506379