Syllabus LP 0804 Practical Training Paper II - Alternative Dispute Resolution System

 

LP 0804 Practical Training Paper II - Alternative Dispute Resolution System :

 

Objectives of the Course : The objective of this course is to acquaint the students with various modes of Alternate Dispute Resolution System (ADR). The ADR mechanism is less bound by procedural formalities and speedy in giving results. For this reason ADR is appreciated by many countries around the world. The course is designed to give the students insightful knowledge about this emerging area. The goal of the course is to help the students to understand practically the various methods of resolving disputes under ADR system, so that they can help their clients and society to select and employ the most effective, just and humane methods. The inability to resolve disputes in a timely manner eviscerates public and private rights obligations. To overcome this drastic situation ADR is highly recommended and accepted. The course covers study of the Arbitration and Conciliation Act, 1996, the Legal Services Authority Act, 1987 and few international perspectives and enforcement of foreign awards.

 

Scheme of Marking :

    Part A     : University Written Examination                       : 80 Marks

    Part B : Written Submissions (10 Marks) & Viva voce Examination (10 Marks)                                                  : 20 Marks

 

Part A : Syllabus for University Written Examination : 80 Marks

 

Module 01	Alternate Dispute Resolution Mechanisms : 1.     Alternate Dispute Resolution Mechanisms : Meaning, Definitions, Concept and History 2.     Structure Powers and Functions of the Authorities under the Legal Services Authority Act, 1987 3.     Legislative and judicial sanction for ADR 4.     Forms of ADR : Negotiation, Mediation, Conciliation, Arbitration, Lok Adalat
Module 02	Negotiation and Mediation : 1.     Meaning, features, theories, types of negotiation 2.     Appointment, role and qualities of the negotiator, Process of negotiation 3.     International negotiation 4.     Meaning, features, theories and role of Mediation 5.     Appointment and role of mediator 6.     Good offices
Module 03	Conciliation : 1. Meaning, features and modes of Conciliation
	2.              Conciliation under the Arbitration and Conciliation Act, 1996 3.              Appointment and role of conciliator 4.              Techniques of conciliation and Termination of conciliation proceedings 5. Contractual provisions about conciliation
Module 04	Arbitration : 1.     Meaning, features, theories and types of arbitration 2.     Historical perspectives of arbitration as a dispute settlement mechanism, and law of arbitration 3.     Types of Arbitration - Domestic and International arbitration, Institutional arbitration 4.     Advantages and disadvantages of arbitration  5.     Difference between Negotiation-Mediation-Conciliation-Arbitration
Module 05	Arbitration Agreement : 1.     The arbitration agreement, formation, its essentials 2.     Validity of arbitration agreement 3.     Rule of severability, Effect of death, insolvency, etc. on agreement 4.     Parties to arbitration agreement, Agreement as binding on third parties 5.     Power of Court to refer parties to arbitration 6.     Jurisdiction of Courts
Module 06	Structure, Powers and Functions of Arbitral Tribunal : 1.     Constitution of Arbitral Tribunal - qualifications to act as arbitrator 2.     Disclosures by arbitrator, Disqualification of arbitrators 3.     Grounds to challenge appointment and procedure of Arbitrators 4.     Powers of Courts to appoint Arbitrators 5.     Jurisdiction of arbitral tribunal - Power to rule on its own jurisdiction 6.     Interim measures ordered by arbitral tribunal  7.     Interim measures by Court
Module 07	Arbitration Proceedings and Award : 1.     Conduct of arbitral proceedings, procedure, rules of procedure 2.     Language, impartiality of arbitrator, equal treatment of parties 3.     Procedure before arbitral tribunal, claim, defence, hearing, evidence, experts, confidentiality, application of the Law of Evidence and Limitation 4.     Court’s assistance in taking evidence, fast track procedure 5.     Arbitral award - Types of award - Form and Content - Finality of award - Interpretation of award 6.     Correction in award - Stamp duty - Registration - Additional award Costs - Termination of proceedings 7.     Time limits for award, extension of time 8.     Recourse against award, Grounds of setting aside award, Court’s role, Enforcement of award
Module 08	International Perspectives and Enforcement of Foreign Awards -

International Perspectives :

1.     UNCITRAL Model Law on International Commercial Arbitration

2.     The Geneva Protocol on Arbitration Clauses, 1923

3.     The Geneva Convention on the Execution of Foreign Arbitral Awards 1927

4.     The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958

5.     Foreign awards – meaning and definition (New York Convention Awards and Geneva Convention Awards)

6.     Referring parties to arbitration

7.     Binding nature of foreign awards,

8.     Enforcement of foreign award, Proof of award, Conditions for enforcement

9.     Jurisdictional issues

 

Note : 

1.     The college shall organise interaction session(s) of experts in the Alternate Dispute Resolution System with the students.

2.     The college shall also organise a visit of students to State Legal Services Authority / District Legal Services Authority / Taluka Legal Services Committee / Local Legal Aid Centre to observe actual working of the Authority. Alternatively, the college may organise an interaction session(s) of experts in the concerned area with the students. 

3.     The purpose of the visit / interaction session should be to provide or to enhance the practical knowledge of the students with respect to the course. 

4.     The concerned teacher is advised to orient the students, before organisation of visit / interaction session, as to purpose of visit / interaction, concerned legal provisions, etc.

 

Part B : Contents of Written Submissions (Journal) : 

The Written Submissions (Journal) shall contain the following :

1.     Draft of a domestic arbitration agreement after a commercial dispute has arisen between parties.

2.     Draft of an application to the Court for setting aside an arbitration award.

3.     Draft of an application to the appropriate court to appoint an arbitrator when parties have failed in their attempts to appoint one according to the arbitration agreement.

4.     Report on interaction session(s) on Alternate Dispute Resolution System.  

5.     Report on visit to State Legal Services Authority / District Legal Services Authority / Taluk Legal Services Committee / Local Legal Aid Centre or on Interaction Session(s).

Note : 

1.     A concerned teacher may change topics for writing of drafts by considering the objectives of the course.

2.     A Report on visit / interaction session shall consists  : (a) Purpose of the Visit / Interaction,

(b) Observations / Information Collected by the student, (c) Relevant Provisions of  Law, (d) Comments on Linkage between Law and Practice. A concerned teacher may add in or modify the specified contents of report.

 

 

 

Recommended Readings :

1.     Justice R.P. Sethi, Commentary on Arbitration and Conciliation Act as Amended in 2016, 2^nd Edition, Wytes and Co., 2016.

2.     Madhusudan Saharay, Textbook on Arbitration & Conciliation with Alternative Dispute Resolution, 4th ed, Universal Law Publishing, 2017.

3.     N V Paranjpe, Law Relating to Arbitration and Conciliation in India, 7th ed, Central Law Agency, 2016.

4.     Avtar Singh, Law of Arbitration and Conciliation, 10th ed,, Lucknow, 2013.

5.     Mallika Taly, Introduction to Arbitration, Eastern Book Company, 2015.

6.     Vishnu Warrier, Arbitration, Conciliation and Mediation, LexisNexis, 2015.

7.     K V Satyanarayana, Law of Arbitration and Conciliation in India, Asia Law House, 2017.

8.     Anirban Chakraborty, Law and Practice of Alternative Dispute Resolution in India – a Detailed Analysis, LexisNexis, 2016.

9.     Ashwini Kumar Bansal, Arbitration and ADR, 5th ed, Universal Law Publication, 2016.

10.  Shriram Panchu, Mediation Practice and Law - The Path to Successful Dispute Resolution, 2nd ed, LexisNexis, 2015.

11.  Anuroom Omkar and Kritika Krishnamurthy, The Art of Negotiation and Mediation, LexisNexis, 2015.

12.  P C Rao and William Sheffield, ed, Alternative Disputes Resolution- What it is and How it Works? Universal Law Publishing, New Delhi, 2015.

13.  S B Malik, Commentary on the Arbitration and Conciliation Act, 6th ed, Universal Law Publishing, 2013.

14.  N D Basu, Law of Arbitration and Conciliation, 13th ed, Orient, 2016.

15.  U Pattabhi Ramian, Arbitration & ADR Including Conciliation, Mediation & Negotiation, Asia Law House, 2011.

16.  R S Bachawat, The Law of Arbitration and Conciliation, 5th ed, LexisNexis, 2013.

17.  P C Markanda, Law Relating to Arbitration and Conciliation, 9th edn, LexisNexis, 2016.

18.  O P Malhothra, The Law and Practice of Arbitration and Conciliation, 2nd edn, LexisNexis Butterworths, 2006.

19.  N D Basu, Law of Arbitration and Conciliation, P K Majumdar (ed), Orient, 2016.

20.  G K Kwatra, The Arbitration and Conciliation Law of India, Universal Law Publishing, New Delhi, 2008.