International Commercial Arbitration

Unit I — FOUNDATIONS OF INTERNATIONAL COMMERCIAL ARBITRATION

Conceptualization of International Commercial Arbitration · Theoretical Foundations of Commercial Arbitration a) Two Theoretical Models: · National order approach · The denationalized autonomous approach b) Theories in International Commercial Arbitration · Jurisdictional Theory · Contractual theory · Hybrid theory · Autonomous Theory · Origins and Legal Framework of International Commercial Arbitration · Choice of Law in International Arbitration · Some Key Concepts - Party autonomy, Neutrality, Finality

Unit II — THE ARBITRATION AGREEMENT

Anatomy and Formal Requirements of arbitration agreement · Scope, Interpretation, and validity of arbitration agreement · Parties to agreement and non-signatories · Arbitrability and its impact on agreement · Anti-Suit and Anti-Arbitration Injunctions · Doctrine of severability of agreement · Law Governing the Arbitration Agreement · Third-Party Funding and the Arbitration Agreement

• The Arbitration and Conciliation Act, 1996

Unit III — ARBITRAL TRIBUNAL AND PROCEDURE BEFORE IT

Procedure of appointment of arbitral tribunal · Independence and Impartiality of Arbitrator · Challenge, Removal, and Replacement · Authority to decide on its own jurisdiction - Kompetenz-Kompetenz · Commencement and Procedural Autonomy · Evidence in International Arbitration · Interim Measures and Emergency Arbitration

• The Arbitration and Conciliation Act, 1996

Unit IV — ARBITRAL AWARD AND ITS ENFORCEMENT

Making of Award and Settlement of Disputes · Types, Form, and Content of Awards · Procedure and Grounds of Setting Aside Awards · Procedure and Grounds of recognition of foreign award · Scope & Extent of Judicial Intervention

• The Arbitration and Conciliation Act, 1996
• Enforcement of Certain Foreign Awards

Unit V — MARITIME ARBITRATION

Maritime Disputes and the Case for Arbitration · Understanding Maritime Contracts and Laws of Obligation · Maritime Arbitration in Practice - Procedural rules · Small Claims and Documentary Arbitration in Maritime Disputes · Maritime Arbitration and Indian Law

Unit VI — INVESTMENT ARBITRATION: AN INTRODUCTION TO ISDS AND INDIA'S EXPERIENCE

From Commercial to Investment Arbitration: Conceptual Shift and the ICSID System · Investment Treaty Anatomy and Framework · Jurisdiction and Substantive Protections · India as Respondent State · Legitimacy, Criticism, and Reform of ISDS