Alternative Dispute Resolution (Practical-1)

Dibrugarh University · LL.B. Semester 7 · B.A.,LL.B.: 7.4

Unit 1 — UNCITRAL, 1980 AndUncitral Rules, 1985

1.1 History · 1.2 International developments · 1.3 Government of India‟s obligation (Article 51, Art. 253)

The Arbitration and Conciliation Act, 1996

Unit 2 — The Arbitration and Conciliation Act, 1996

2.1 Mediation · 2.2 Conciliation · 2.3 Arbitration · 2.4 Pure Legal Process · 2.5 Lokadalat

Unit 3 — ADR Provision Under the Constitution of India and under Different Laws 16 3.1 ADR provisions under the CPC, 1908 (Sec. 89)

3.2 ADR provision under the Hindu Marriage Act, 1955 [Sec. 23 (2)] · 3.3 ADR provision under the relevant provisions of the Indian Contract Act, 1872. · 3.4 ADR provisions under the Constitution of India, Article 298, Art. 299 and the related provisions of Art. 53 and Art. 162. · 3.5 Legal Services Authorities Act, 1987 (relevant provisions) Referred Cases : 1. K.K. ModiVs. K.N. Modi& others, AIR 1998 SC 1297. 2. National Insurance Co. Vs. Amal Kumar Das, AIR 1998 Gau – 1. 3. SBP & Co. Vs. Patel Engg. Ltd. 2005 (8) SCC 618. 4. Krishna BhagyaJala Nigam Ltd. Vs. G. Arischandra Reddy (2007) 2 SCC 720. 5. Oil & Natural Gas Corporation Vs. Saw Pipes Ltd. 2003 (4) SCALE 92 – 185. Practical : Marks : 20 [Written Report : 15 + Viva-voce : 5] Every student is to attend mediation centers of the High Court, the District Courts, the Permanent LokAdalats and other Centers under the guidance of the teacher concerned. They will also be required to submit a Report of the cases attended. Written reports will be submitted to the teacher of this paper within a week after attending the Mediation centers and other centers. The teacher will evaluate these reports continuously throughout the semester and award marks. [Note: The written reports evaluated by the teacher along with list of the marks awarded will be placed before the external examiner at the time of vive-voce examination. The teacher of the practical paper will be the internal examiner who along with the external examiner will jointly award final marks on written reports and viva-voce examination. Written reports will not be accepted for final evaluation by the external & internal examiners if they are not submitted and evaluated regularly throughout the semester.]