0804 Career Opportunities for Building Lawyer in the Arbitration and Conciliation

Career Opportunities for Building Lawyer in the Arbitration and Conciliation

     As a Building Lawyer specializing in Arbitration and Conciliation, you can explore various career opportunities in the construction industry, legal firms, and alternative dispute resolution organizations. Here are some potential career paths:

Construction Law Firm: 

    Joining a construction law firm that handles arbitration and conciliation cases would be a natural fit for your expertise. You can work as an associate or partner, representing clients in construction-related disputes, negotiating settlements, and advocating for them in arbitration or conciliation proceedings.

In-House Counsel: 

    Many large construction companies and real estate developers have in-house legal teams to handle their legal matters. You can join such companies as an in-house counsel specializing in arbitration and conciliation. Your role would involve advising the company on legal issues, drafting contracts, and representing the company in dispute resolution proceedings.

Arbitration and Mediation Centers: 

    Numerous organizations specialize in providing arbitration and mediation services. They often have panels of legal experts who are appointed as arbitrators or mediators in construction disputes. You can apply to become a panel member and work on cases referred to the center for resolution.

0804 Types of Legal Services Authorities Under Act 1987

Types of Legal Services Authorities Under Act 1987

    The Legal Services Authorities Act, 1987 in India provides for the establishment of various legal service authorities to ensure access to justice and legal aid for all sections of society. Here are the types of legal service authorities established under the Act:

National Legal Services Authority (NALSA): 

    NALSA is the apex body at the national level responsible for implementing and monitoring legal aid programs and policies across the country. It formulates policies and strategies for effective legal services and coordinates with the State Legal Services Authorities (SLSAs) for their implementation.

State Legal Services Authorities (SLSAs): 

    Each state in India has its own State Legal Services Authority, which is responsible for implementing legal aid programs and policies at the state level. SLSAs work closely with District Legal Services Authorities (DLSAs) and other agencies to ensure legal aid reaches the needy.

0804 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).

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).

Lok Adalat Visit Report 

0804 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.

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.

0804 Draft of an application to the Court for setting aside an arbitration award.

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

0804 Draft of a domestic arbitration agreement after a commercial dispute has arisen between Parties

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

0804 Entitlement to Free Legal Aid

Entitlement to Free Legal Aid

Inadequate representation of case before the court due to lack of legal assistance is a very big reason for injustice and delayed justice. Providing free legal aid to those people who can’t afford the legal assistance in the eyes of the law as mentioned under section 12 of the Act is a positive step towards imparting of justice on equitable basis.

People entitled to free legal services:

· A member of a Scheduled Caste or Scheduled Tribe

· A victim of trafficking in human beings or beggar as referred in article 23 of the Constitution;

· A woman or a child; · A person with disability as defined in clause (i) of section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996)

· A person under circumstances of undeserved want such as being a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster;

0804 District Legal Services Authority

District Legal Services Authority

The District Legal Services Authority works at the district level

Composition

• The District Judge who shall be its Chairman;
• Such number of other members, possessing such experience and qualifications, as may be prescribed by the State Government, to be nominated by that Government in consultation with the Chief Justice of the High Court.
• Like other legal services authority, it also provides for the appointment of people from bench, bar, social groups etc. which is good for understanding the grievance of disputing parties and convincing them to settle the disputes amicably through Lok Adalat.

0804 State Legal Service Authority

State Legal Service Authority

It is not possible for the National Legal Services Authority to implement the provisions of this Act without the assistance of other subsidiary authorities. So every State is bound to  constitute State Legal Services Authority in its territory. 

Composition

The Chief Justice of the High Court who shall be the Patron-in-Chief; 

A serving or retired Judge of the High Court to be nominated by the Governor, in consultation with the Chief Justice of the High Court, who shall be the Executive Chairman; 

Such number of other members, possessing such experience and qualifications as may be prescribed by the State Government, to be nominated by that Government in consultation with the Chief Justice of the High Court

0804 Supreme court Legal Service Committee

Supreme court Legal Service Committee    

    The Supreme Court Legal Services Committee imparts the facilities provided under this Act to the parties whose dispute is pending before the Supreme Court. Like National Legal Services Authority, it also contains the provision for the appointment of persons from nonlegal background which is good for the amicable settlement of disputes. People whose disputes are pending before the Supreme Court can comfortably take the benefit of the services of this authority as they will not have to go to any other place to take the provided benefits. As this Authority is specially designed to provide benefit under this Act to disputes pending before the Supreme Court, it can perform this work more efficiently. Provisions like short tenure and check on the use of funds by regular auditing of the accounts prevent the chances of misuse of power provided under this Act.

0804 Sample ADR Assignment

Sample ADR  Assignment

Disclaimer : The Notes and content are for reference purpose only, you need to write the Assignment in your own words and understanding in consultation with your teachers and professors of the subject. 

	Part 1
1	Introduction: Alternate Dispute Resolution        Short Note
2	Write meaning scope objects modes advantages  disadvantages of ADR      Meaning of ADR - Short Note       Disputes Settled Through ADR- Note
3	Arbitration and conciliation Act discuss difference between old and new Bill.  Old Act Vs New Bill Difference  - Note
4	Legal Services Authority scope objects  eligibility                Legal Service Authority   - Note              Type of Services Authorities - Note              National Legal Service Authority - Note              Supreme court Legal Service Committee - Note             State Legal Service Authority - Note             High Court Legal Services Committee - Note               District Legal Services Authority Note              Entitlement of Free Legal  Aid - Note             Who are Entitled to Free Legal Services?             and explain Income Limit for availing free service ?   - Note
5	Lok Adalat discuss detail                    Scope of Lok Adalat  - Note                   Lok Adalat Jurisdiction   - Note                  Lok Adalat - Note                 Benefits , Advantages and Disadvantages of Lok Adalat - Note
	Part II
1	Draft of a domestic arbitration agreement after a commercial dispute has arisen between Parties.         View      Draft
2	Draft of an application to the Court for setting aside an arbitration award.         View    Draft
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.         View  Draft
4	Report on interaction session(s) on Alternate Dispute Resolution System. Session 7 of  Certificate Course on Advocacy Skills   23rd June 2022 Adv Sangramsingh Bhosle           Career opportunities for Building Lawyer in the Arbitration and conciliation  - Note          Certificate Course on Advocacy Skills 23rd June 2022 Adv Sangramsingh Bhosle - Note
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).     Lok Adalat Visit Report  Write a report dated 30 Apr 2023
6	Two Supreme Court’s judgements on ADR   Case 1    Case Analysis: Vidya Drolia and Ors. vs. Durga Trading Corp.  Case 2 M/S Glock Asia-Pacific Limited vs Union Of India on 19 May, 2023   Other Cases    at below link                  Bar and Bench 30 0 important Judgments on Arbitration by Indian Courts                  VAG  Education Vs Aakaksh Education

 

LP 0804 PTP I Latest Supreme Court Judgement on Arbitration - Vidya Drolia Vs Durga Trading Corp

Latest Supreme Court Judgement on Arbitration

Expanding the Scope of RERA: Analysis of Vidya Drolia vs. Durga Trading Corp. Case"

Introduction:

The case of Vidya Drolia and Ors. vs. Durga Trading Corp. is a significant landmark judgment delivered by the Supreme Court of India. This case dealt with the interpretation and application of the provisions of the Real Estate (Regulation and Development) Act, 2016 (RERA) in relation to the inclusion of commercial properties under its ambit. This case analysis aims to provide a summary of the key facts, issues, arguments, and the court's ruling in this significant case.

Case Background:

    The petitioners, Vidya Drolia and others, were aggrieved by the actions of Durga Trading Corp., the respondent, for seeking eviction of the petitioners from their commercial premises. The key contention revolved around whether commercial properties fall within the scope of the Real Estate (Regulation and Development) Act, 2016.

Key Issues:

    Whether commercial properties are covered under the definition of "real estate project" as per the provisions of the RERA Act.

    Whether the protection and benefits provided to homebuyers under the RERA Act extend to buyers of commercial properties.

Arguments:

    The petitioners argued that the definition of "real estate project" under the RERA Act is broad enough to include commercial properties. They contended that the intention behind the legislation was to protect the interests of all buyers, irrespective of whether the property is residential or commercial. The petitioners highlighted the need for transparency, accountability, and regulation in the commercial real estate sector.

    The respondent, Durga Trading Corp., argued that the RERA Act was specifically enacted to regulate the residential real estate sector and does not cover commercial properties. They contended that the legislative intent and language of the Act exclude commercial projects from its purview. The respondent argued that commercial properties are governed by other laws and regulations, and subjecting them to RERA provisions would create confusion and ambiguity.

Court's Ruling:

    The Supreme Court, after considering the arguments and analyzing the provisions of the RERA Act, ruled in favor of the petitioners. The court held that commercial properties are indeed covered under the definition of "real estate project" as per the RERA Act. The court emphasized that the legislative intent behind enacting RERA was to provide protection and safeguards to all buyers, including those investing in commercial properties.

    The court further observed that the objective of the RERA Act is to ensure transparency, accountability, and efficiency in the real estate sector. It noted that commercial real estate projects also involve substantial investments and can have significant implications for businesses and enterprises. Therefore, extending the protection and benefits of the RERA Act to buyers of commercial properties is in line with the legislative intent and promotes a more inclusive and regulated real estate market.

Significance and Implications:

    The judgment in the Vidya Drolia case has significant implications for the commercial real estate sector in India. It establishes the applicability of the RERA Act to commercial properties, ensuring that buyers of such properties are entitled to the protection and benefits provided under the Act. This decision promotes transparency, accountability, and regulation in the commercial real estate market, enhancing investor confidence and safeguarding the interests of buyers.

Conclusion:

    The Vidya Drolia and Ors. vs. Durga Trading Corp. case clarified the scope of the Real Estate (Regulation and Development) Act, 2016, by including commercial properties under its ambit. This judgment ensures that buyers of commercial properties are afforded the same protection and benefits as residential buyers under the RERA Act. The decision reinforces the principles of transparency, accountability, and regulation in the commercial real estate sector, promoting a more inclusive and regulated market environment.

LP 0804 PTP I Lok Adalat in India - Empowering ADR

Title: Lok Adalat in India: Empowering Alternative Dispute Resolution

Introduction:

    Lok Adalat, meaning "People's Court," is a unique and effective mechanism of alternative dispute resolution in India. It is an integral part of the Indian legal system, providing a platform for amicable settlement of disputes through conciliation and mediation. This article explores the concept of Lok Adalat, its functioning, advantages, and its significant contribution to the judicial system in India.

Organisation of Lok Adalat:

    Lok Adalats are organized at different levels, ranging from the national level to the state and district levels. The organization and administration of Lok Adalats are carried out by the respective State Legal Services Authorities, District Legal Services Authorities, and Taluk Legal Services Committees. These bodies ensure the smooth functioning of Lok Adalats and promote access to justice for all.

Jurisdiction of Lok Adalat:

    Lok Adalat has jurisdiction over a wide range of cases, including civil, criminal, matrimonial, and compoundable offenses. The cases referred to Lok Adalat can be either pending before the courts or pre-litigation disputes. The jurisdiction of Lok Adalat extends to cases where parties are willing to participate voluntarily or those referred by the courts as part of their powers to promote settlement outside of formal judicial proceedings.

Understanding Lok Adalat:

    Lok Adalat is a forum where disputes pending before regular courts or those that have not yet reached the litigation stage are resolved outside the formal judicial process. It operates based on the principles of compromise, conciliation, and mutual agreement between the parties involved. The Lok Adalat is presided over by a judicial officer, along with social workers and legal experts.

Functioning of Lok Adalat:

Voluntary Participation: Participation in Lok Adalat is voluntary, and the process is entirely based on the consent of the parties involved. It provides an opportunity for disputing parties to resolve their conflicts mutually, avoiding the adversarial nature of traditional court proceedings.

Conciliation and Mediation: The Lok Adalat facilitates conciliation and mediation to encourage parties to reach a settlement. Mediators, who are neutral and impartial, help in facilitating dialogue and assist the parties in finding mutually agreeable solutions. The emphasis is on preserving relationships and achieving a win-win outcome.

Legal Expertise: Lok Adalats comprise judicial officers and legal professionals who provide guidance and ensure that the settlements arrived at are legally enforceable. The judicial officer ratifies the settlement as an order of the court, giving it the same force and effect as a decree of a civil court.

Broad Range of Cases: Lok Adalats can deal with various types of cases, including civil, criminal, matrimonial, property, and compoundable offenses. Matters pending before regular courts can also be referred to Lok Adalats for resolution, either voluntarily or through court orders.

Advantages of Lok Adalat:

Speedy Dispute Resolution: Lok Adalat provides a quick and efficient resolution of disputes. The informal and conciliatory nature of the process helps in expediting the settlement, offering a timely resolution to the parties involved.

Cost-effective: Participating in Lok Adalat is cost-effective compared to traditional court proceedings. The absence of lengthy litigation processes, court fees, and legal expenses make it accessible to all, particularly those who cannot afford expensive litigation.

Reduced Burden on Courts: Lok Adalat helps in reducing the backlog of cases burdening the traditional court system. By encouraging parties to settle their disputes outside of court, Lok Adalats free up valuable court resources, enabling regular courts to focus on more complex and contentious matters.

Preservation of Relationships: The emphasis on conciliation and mediation in Lok Adalat promotes the preservation of relationships between the parties. It allows for open communication and collaborative problem-solving, fostering goodwill and long-term understanding.

Legally Binding Settlements: The settlements reached in Lok Adalat are deemed to be decrees of civil courts and are enforceable as such. This ensures the finality and enforceability of the settlements, providing parties with a legal remedy for non-compliance.

Award of Lok Adalat:

    The settlements reached in Lok Adalat are legally binding and have the same effect as decrees of civil courts. Once the parties reach a settlement, it is recorded and signed by the members of the Lok Adalat. This award is enforceable, and compliance with its terms is mandatory for the parties involved.

Conclusion:

    Lok Adalat has emerged as a successful mechanism of dispute resolution in India, aligning with the principles of social justice, expediency, and accessibility. It promotes a culture of conciliation, compromise, and mutual agreement, fostering harmony and reducing the burden on the formal court system. Lok Adalat stands as a significant contribution to the Indian judicial system, facilitating the resolution of disputes in a timely, cost-effective, and amicable manner, thereby empowering individuals with an alternative avenue for seeking justice.

LP 0804 PTP II ADR Draft - Application to the Court for Setting Aside an Arbitration Award

Practical Training Paper II - Alternative Dispute Resolution System

Draft

Subject: Draft of an Application to the Court for Setting Aside an Arbitration Award

Introduction:

The purpose of this assignment is to draft an application to the court seeking the setting aside of an arbitration award. While arbitration is generally considered final and binding, there are circumstances where an arbitration award may be challenged or set aside by a court. This draft aims to provide detailed information and grounds for seeking the court's intervention to set aside the arbitration award.

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.