Arbitration & Conciliation Law & International Perspective

Exam preparation — not issued or endorsed by the University of Mumbai.

Post Graduate Diploma in Alternative Dispute Resolution (ADR) · Paper III · 100 marks.

Module A — The Arbitration and Conciliation Act, 1996

  • A.i Advantages of conciliation and the Arbitration and Conciliation Act, 1996 : Arbitration Agreement, Composition of Arbitral Tribunal, Jurisdiction and conduct of Arbitral Tribunals, Making of Arbitral Award and termination of proceedings, Recourse against Arbitral Award, Finality and Enforcement of Arbitral award, Appeals, Appointment of conciliators, commencement of conciliation proceedings , Termination of conciliation proceedings; costs and deposits.
  • A.ii Analyzes the composition and the jurisdiction of arbitral tribunals, the procedure followed by arbitrators, recognition and enforcement of foreign arbitral awards, and other related issues.
  • A.iii The appointment of the arbitral tribunal; competence/competence; a consideration of cost-effective arbitral procedures; interim measures; the award, including the challenge, recognition and enforcement thereof
  • A.iv A study of the negotiation and administration of collective agreements in the private sector.
  • A.v Family courts and Lok adalats.
  • A.vi Scope, Challenges and Limitations of ADR.

Module B — International Developments

  • B.i The law and practice of international commercial arbitration, case studies, including arbitral agreements, applicable law, the enforcement of arbitral awards and arbitrations involving state parties.
  • B.ii The UNCITRAL Model Law on International Commercial Arbitration,
  • B.iii The role of national courts in the international arbitration process; the evaluation of international arbitral institutions and their rules
  • B.iv The drafting of an international arbitration clause or submission agreement
  • B.v ICSID arbitrations; and current issues in international commercial arbitration (e.g. confidentiality and consolidation).
  • B.vi For understanding the United Nations Convention on Contracts for the International Sales of Goods (CISG), which is regarded as the world’s standard sales contract law and often applied in international commercial arbitration?
  • B.vii A consideration of arbitration as a dispute resolution process in the domain of international trade.
  • B.viii London Court of International Arbitration and the UN Convention on Recognition and Enforcement of Foreign Arbitral Awards.