SYLLABUS

ALTERNATIVE DISPUTE RESOLUTION

Introduction

The Alternative Dispute Resolution mechanism, as the name suggests, evolved against the
conventional method of dispute settlement by courts. It is not disputed to state that courts take
ample time to settle any dispute as well as they are expensive too. On the other side, 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. India also became part of this
change in the year 1996 when its enacted the Arbitration and Conciliation Act. The Act is replica
of the UNCITRAL Model Law.
The course is designed in a way that it will give the students insightful knowledge about this
emerging area. The goal of the course is to help the students to understand the variuos
methods of resolving disputes under ADR system, so that they can help their clients and
society to select and emply the most effective, just and humane methods.

Total number of Lectures Required: 65-70

Evaluation
Research Projects : 20 [Project+ Viva]
Mid Semester Examination : 20
End Semester Examination : 60
Total : 100


Course Module

1. INTRODUCTION
Introduction- Concept of ADR History and Reasons for the growth of ADR Advantages of
ADR Legislative and Judicial Sanction for ADR Important forms of ADR Negotiation
Mediation - Conciliation - Arbitration Lok-adalat.

2. ARBITRATION AGREEMENT
Arbitration Agreement - Essentials - Rule of severability - Who can enter into arbitration
agreement Validity - Extent of Judicial Intervention- Power of Court to refer parties to
arbitration - Interim measures.

3. COMPOSITION OF ARBITRAL TRIBUNAL
Number of arbitrators - Appointment of arbitrators - Grounds for challenge - Challenge
procedure - Court assistance.

4. JURISDICTION OF ARITRAL TRIBUNAL
Competence- Competence of arbitral tribunal to rule on its jurisdiction - Interim measures ordered
by arbitral tribunal.

5. CONDUCT OF ARBITRAL PROCEEDINGS
Equal treatment of parties - Determination of rules of procedure - Place of arbitration - Language
-Statement of claim and defence -Hearing and written proceedings- Expert appointment by
arbitral tribunal.

6. MAKING OF ARBITRAL AWARD AND TERMINATION OF
PROCEEEINGS
Rules applicable to substance of dispute Settlement - Form and contents of arbitral award -
Termination proceeding.

7. ENFORCEMENT
Recourse against Arbitral Award - Finality and Enforcement of Arbitral Awards Appeals
8. CONCILIATION
Appointment of Conciliator- Role of Conciliator- Commencement of conciliator proceedings-
termination of conciliation proceedings.






Suggested Readings:

1. O.P. Malothra, The law and practice of Arbitration & Conciliation (2nd edn, LexisNexis
Butterworths , New Delhi 2006).

2. P.C. Rao & William Sheffield, ed., Alternative Disputes Resolution- What it is and how it
works? (Universal Law Publishing Co. Pvt. Ltd., New Delhi, 2006).

3. P.C. Markanda, Law relating to Arbitration and Conciliation, (7th edn., LexisNexis
Butterworths, Nagpur, 2009)

4. Basu. N.D, Law of Arbitration and Conciliation( 9
th
edn., Universal Law Publishing Co. Pvt.
Ltd., New Delhi, 2000).


Further Readings:

1. G.K.Kwatra , The Arbitration and Conciliation Law of India (Universal Law Publishing Co.
Pvt. Ltd., New Delhi, 2000).

2. Surendra Malik, Supreme Court on Arbitration ( Eastern Book Co, Lucknow, 2003).

3. Annual Survey of Indian Law, (ILI, New Delhi).

4. A. Redfern and M. Hunter, Law and Practice of International Commercial Arbitration
(Student Edition, Sweet and Maxwell, London, 2003).


Statutes to be Reffered:

1. Arbitration and Conciliation Act, 1940
2. Arbitration and Conciliation Act, 1996
3. Legal Sservices Authorities Act, 1987
4. Lokpal Bill
5. UNCITRAL Model Law