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Substantive Law, Procedural Law, Rule of Law, Principles of Natural Justice, Court Structure,
Jurisdiction, Civil Suit, Decree, Appeals, Writs, Adversarial System, Inquisitorial System
Disputes and the approaches to dispute resolution - philosophy underlying alternative dispute
resolution methods - status of ADR - ethics of ADR - fairness, neutrality, confidentiality and
personal values
Court annexed ADR processes, Advantages and Disadvantages of ADR, selection of a method
What is mediation? - Models of mediation - rights based - interest based - facilitative - evaluative
The role of the mediator and the party’s attorney - practical skills of client interviewing/legal
counseling
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Stages of mediation - preliminary communication and preparation - commencement establishing
the issue and setting the agenda - information gathering - conducting substantive negotiations -
dealing with impasse and concluding the process and recording the outcome
Suggested Readings:
1. Charles Chatterjee and Anna Lefkovitch, Alternative Dispute Resolution: A Practical Guide,
Routledge (2008)
2. Henery Brown and Arthur Marriot, ADR Principles and Practice, Sweet and Maxwell (2013)
4. Peter T Coleman, Morton Deustsch and Eric C Marcus, The Handbook of Conflict
5. Roberts Simon and Michael Palmer, Dispute Processes: ADR and the Primary forms of
6. Roy Lwicki, Bruce Barry and David Saunders, Essentials of Negotiation, MacGraw-Hill
Education, (2010)
7. Sriram Panchu, Mediation Practice and Law, Lexis Nexis and Butterworths (2015)
Definition of agreement and contract - definition - communication and revocation - offer and
Meaning - basis and the nature of consideration - kinds (past, executed and executory) -
Capacity to contract
Natural Person, Corporations and Unincorporated Bodies, Public Authorities
causing coercion
Undue influence - definition - between which parties can it exist? - Burden of proof -
Fraud - definition - essential elements – suggestion - falsi suppressio veri - when does silence
amount to fraud? - active concealment of truth - importance of intention
Mistake - definition - kinds - fundamental error - mistake of law and of fact - their effects - when
does a mistake vitiate free consent and when does it not vitiate free consent
Void and valid agreements - lawful and unlawful consideration - lawful and unlawful object -
distinction between void and voidable agreement - illegal and unlawful agreements - effect of
Unlawful consideration and object - forbidden by law - defeating the provision of any law -
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By expiry of period of limitation
By agreement and novation - rescission and alteration - the effect of - remission and waiver of
Tenders
Notice inviting tenders - requirements of a valid tender - strict compliance with stipulations of
Bank guarantee
Suggested Readings
1. Atiyah’s Introduction to the Law of Contract, Stepehen A Smith ed. OUP, 2006
2. Avatar Singh, Contract and Specific Relief, Eastern Book Company, Lucknow, 11th ed.
2017
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Arbitration agreement - definition - form of the arbitration agreement - positive and negative
Number of arbitrators and appointment of arbitrators - grounds for challenge and challenge
procedure - failure to act - termination of mandate and substitution of arbitrator - jurisdiction of
Equal treatment of the parties and determining the rules of procedures - seat of arbitration -
commencement of proceedings and language - pleadings - hearings, default of a party - expert
appointment and court assistance in taking evidence - fast track arbitration - rules applicable to
substance
What is an award - form and content of award - correction and interpretation of award -
additional award - recourse against award - recognition and enforcement of award
Deposit of monetary sums - deposits as to costs - effect of death of a party - application of law
of limitation to arbitration
Module V : Conciliation
Conciliation under the Arbitration and Conciliation Act of 1996 - application and scope
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Appointment of conciliators - commencement of conciliation proceedings - conduct of
conciliation proceedings - submission of statements - communication between conciliator and
other proceedings
Suggested Readings
1. Justice RS Bachawat, Law of Arbitration and Conciliation Anirudh Wadhva and Anirudh
3. Indu Malhotra,O.P. Malhotra on The Law and Practice of Arbitration and Conciliation,
Evolution of International Commercial Arbitration (ICA) in modern times - the journey from the
Geneva Protocol to the New York Convention of 1958
meaning of commercial
from arbitration - overview of the legal regime governing international commercial arbitration
Transnational Arbitration
Law determining the Capacity of parties - Article V (I) (a) New York convention - the law
governing the agreement to arbitrate - the law applicable to the substance of the dispute - the
law governing arbitration (lex arbitri) - conflict rules and the search for the applicable law -
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recognition and enforcement
Conduct of institutional arbitration - the rules of prominent arbitration institutes (SIAC, LCIA and
ICC)
Challenge - recognition and enforcement of foreign arbitral awards - application of the New York
Suggested Readings
2. Giallard and Savage ed. Fouchard, Giallard and Goldman, on International Commercial
Course Coordinator
Mr.Rajesh Kapoor
Assistant Professor
NALSAR University of Law
Ph : +9140 – 23498230
Email :rajeshkapoor@nalsar.ac.in (mailto:rajeshkapoor@nalsar.ac.in)
Administrative Contact
nalsarpro.org/Courses/ONE-YEAR-Post-Graduate-Diploma/Alternative-Dispute-Resolution/Semester-I 7/8
Ms. K. Madhuri
20/08/2019 Semester-I
Assistant Registrar
Ph : +9140 – 23498402
Email : ddeadmissions@nalsar.ac.in (mailto:nalsarpro@nalsar.ac.in)
Postal Address
NALSAR Proximate Education
ddeadmissions@nalsar.ac.in (mailto:nalsarpro@nalsar.ac.in)
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