Arbitration, Conciliation and Alternate Dispute Resolution System (Clinical Course-I)
Chaudhary Devi Lal University · LL.B. Semester 2 · 310
Unit I
Evolution of ADR, ADR in India, Advantages & limitations of ADR · ADR Processes: Pre-trial Mediation, Mediation, Negotiation and Conciliation · ADR in family disputes, Conciliation under CPC · Concept, Meaning & Growth of Lok Adalats, Lok Adalats under Legal Services Authorities Act, 1987 · The Gram Nayayalayas Act 2008: Definitions, Gram Nayalaya (Section 3-10), Jurisdiction, Powers and Authority of Gram Nayayalaya (Section 11-17), Procedure in Criminal Cases (Section 18-22), Procedure in Civil Cases (Section 23-28), Procedure and Appeals (Section 29-34)
Unit II
Arbitration & Conciliation Act 1996 (Amended in 2019 & 2021) (Section 1-43): Definition of Arbitration, International Commercial Arbitration, Objectives of the Act, Arbitration Agreement, Composition and Jurisdiction of Arbitral Tribunal, Conduct of Arbitral Proceedings, Making of Arbitral Awards and Termination of Proceedings, Recourse Against Arbitral Award, Finality and Enforcement of arbitral Award, Appealable orders, Lien on Arbitral Awards and Deposits as to costs, Effect on Arbitral Agreement of Death of Parties (hereto
Unit III
Arbitration & Conciliation Act (Section 44-60): Foreign Awards Definition, Enforcement of Certain · Foreign Awards, New York Convention Awards, Geneva Convention Awards, Conciliation under Arbitration and Conciliation Act, 1996(Section 61-81), Role of Conciliator, Confidentiality in Conciliation · The Commercial Courts (Pre-Institution Mediation and Settlement) Rules, 2018 (PIMS Rules)
Unit IV
The Mediation Act, 2023: Application (Section 2), Definitions (Section 3), Mediation (Section 4-7), Mediators (Section 8-12), Mediation Proceedings (Section 13-26), Enforcement of Mediated · Settlement Proceedings (Scction 27-29), Online Mediation (Section 30), Mediation Council of India (Section 31-39), Community Mediation (Section 43, 44), Section 89 of Civil Procedure Code, 1908