Alternate Dispute Resolution

University of Jammu · LL.B. Semester 5 · LLB306

Unit I

Concept ofArbitration, History and Development · Arbitration in CPC (Section 89), Concept of Mediation and Conciliation · Lok Adalat, Constitution, Jurisdiction andfunctions. · Arbitration Agreement, Interim measures byCourt and Tribunal.

Unit II

Nature and Scope of Arbitration and Conciliation Act,1996. · Arbitrators – appointment andremoval · Powers and duties of anArbitrator. · Conciliators – appointment andremoval · Powers & Duties ofconciliators.

Unit III

Arbitral Tribunal,composition · Jurisdiction, Conduct of Arbitral Proceedings, Termination of ArbitralProceedings. · International and CommercialArbitration  Power of Judicial authority to refer parties toarbitration.  Foreign Awards; conditions and enforcement of foreignawards. · Making of ArbitralAward. · Fast Track Arbitration

Unit IV

Setting aside of Arbitral Awards, finality and enforcement of ArbitralAwards. · Appeals. · Negotiation and Mediation as Alternative Dispute Resolutionmechanism. · Provisions of Mediation under the Industrial Disputes Act, 1947, the Companies Act, 2013, Real Estate (Regulation and Development) Act, 2016, the Commercial Courts Act, 2015, The Consumer Courts Act, 2019, and Proposed Mediation Act (Mediation Bill, 2021), etc. · Online Dispute Resolution (ODR)