ALTERNATIVE DISPUTE RESOLUTION SYSTEM

Semester VI

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.

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: Nature
and objective – Mediation: Nature and objectives - Conciliation - Arbitration – Lok-adalats
(Permanent and Temporary).

2. ARBITRATION AGREEMENT
Arbitration Agreement – Power to refer parties to arbitration where there is an arbitration agreement
- Rule of severability–Laws to be applied to an arbitration - Extent of Judicial Intervention- -
Interim measures-Termination of the arbitration agreement

3. COMPOSITION OF ARBITRAL TRIBUNAL

Number of arbitrators - Appointment of arbitrators (Adhoc and Institutional Arbitration)–Powers
Duties and liabilities of arbitral tribunal-Grounds for challenge –Practice andProcedure –
Challenge and termination of authority of arbitrators.

4. JURISDICTION OF ARITRAL TRIBUNAL

Competenceof arbitral tribunal to rule on its jurisdiction (kompetenze-kompetenze) - 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-Effect of an award.

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-Principle of confedentiality.

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( 9thedn., Universal Law Publishing Co. Pvt.
Ltd., New Delhi, 2000).

5. Justice Bachawat.R.S, Law of Arbitration and Conciliation (2nd volume, Lexis Nexis)

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).
5. Gary E Born., International Arbitration: Cases and Material(2nd edition, Walters Kluwer)
6. G.Simon Greenberg, Christopher Kee, J.Romesh Weeramantry., International Commercial
Arbitration: An Asia Pacific perspective(Cambridge)

Statutes to be Reffered:

1. Arbitration and Conciliation Act, 1996 (with amendments 2015)

2. Legal Services Authorities Act, 1987
3. UNCITRAL Model Law