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Course Title: Arbitration & Alternate Dispute L T P/ SW/ TOTA

Resolution S FW L
CREDI
Course Code:
T
UNITS
4 - - - 4
Credit Units: 4

Course Objective:

The course imparts to the students an understanding of the concept of alternate


methods of resolving disputes in addition to the traditional court oriented
process. It focuses on an analytical study of arbitration law and practice in India
and the relevant institutions monitoring the same. The paper also focuses on
other alternate dispute resolving mechanisms through State mediatory services
under the supervision of the courts

Prerequisites:

The student should have a preliminary understanding of the law relating to


contracts as also a general comprehension of the adversarial system of dispute
resolution for better appreciation of the ADR techniques .

Student Learning Outcomes:


The course provides students a systematic learning opportunity to identify a
range of alternative dispute resolution methods , with special focus on arbitration
, conciliation , mediation and negotiation , in a way that at the end of course , the
student can protect and advance the interests of their clients during and out of
the court settlements .

Course Contents/Syllabus:

Module-I Introduction
Introduction: Alternative Dispute Resolution (ADR) : Concept , its need ,
National and International initiatives in India , ICC, UNCITRAL, ICSID.

Arbitration and Conciliation Act, 1996

General Provisions, Definitions, receipt of written communications, waiver of


right to object, extent of Judicial Intervention, Administrative Assistance,
Arbitration Agreement, power to refer parties to arbitration where there is an
arbitration agreement, Interim measures by court.
Module-II Composition of Arbitral Tribunal
Composition, Jurisdiction, Conduct of Arbitral Proceedings, Settlement, form and
contents of contents of arbitral award, termination of proceedings, correction
and interpretation of awards, additional award.

Module –III Recourse against Arbitral Award

Application for setting aside Arbitral Award, Finality and


enforcement of Arbitral Award, appealable orders, Miscellaneous,
Deposits, Lien on Arbitral Award and Deposits as to costs, Arbitration
agreement not to be discharged by death of party thereof, Provisions in case
of insolvency, Jurisdiction, Limitations, Enforcement of certain Foreign
Awards
Module –V Techniques of ADR
Negotiation / Consultation, Mediation, Good offices, Conciliation: Nature,
Scope and Methods. Legal Services: Meaning and scope in Legal Aid and
Advice, Lok Adalats-nature, scope, procedure and functioning.
Module V - ADR and different types of Dispute

Application of ADR methods in different types of disputes: Commercial, and


Financial Disputes; Family and Matrimonial Disputes; Labour and Industrial
Disputes; Consumer Disputes; Accidents Claims.”

Pedagogy for Course Delivery:


The course will primarily be theory based, with stress on case laws reported and
unreported wherever applicable . Classroom teaching and interaction will be
essential part of teaching technique and the students may be given assignments
covering theory and practical aspects of a given dispute.

Lab/ Practical details, if applicable: NA

List of Experiments: NA

Assessment/ Examination Scheme:

Theory L/T Lab/Practical/Studio (%) End Term


(%) Examination

30% NA 70%

Theory Assessment (L&T):


Continuous Assessment/Internal Assessment
End Term
Components Examination
(Drop down)
Mid- Project Viva Attendance
Term
Exam
Weightage
(%)
10% 10% 5% 5% 70%

Text Books/Reference Books:

1. Arbitration and Conciliation Act, 1996.


2. Legal Services Authority Act, 1987.
3. Singh, Avtar, Law of Arbitration and Conciliation, Eastern Book Company.
4. Paranjape, N.V., Arbitration and Conciliation Act, Central Law Publications.
5. Saharay, Madhusudan, Textbook on Arbitration & Conciliation with Alternative Dispute
Resolution, Universal Law Publishing Co., Pvt. Ltd.
6. Rao, P.C., Arbitration and Conciliation Act, 1996, Universal Law Book Co., Pvt. Ltd.
7. Rao P.C. & Sheffield William, Alternative Dispute Resolution, International Centre for
Alternative Dispute Resolution
8. Rao P.C. & Sheffield William, Alternative Dispute Resolution, International Centre for
Alternative Dispute Resolution
9. Kawatra, G.K., The New Law of Arbitration and conciliation, Universal Law Publishing
Co., Pvt. Ltd.
10. Chaudhary, S.K. Roy, Law of Arbitration Conciliation, Eastern Book Company
11. Saharay H.K., Law of Arbitration, Eastern Law House.