Alternative Dispute Resolution

Dr. Ram Manohar Lohia National Law University · LL.B. Semester 7

Unit I — Introduction to ADR

An Introduction to the Various Modes of Alternative Dispute Resolution System · The Historical Development of the Alternative Dispute Resolution System in India · Choice of Appropriate methods in a Commercial Dispute · Some Innovative Experiments of ADR in India

Unit II — Principles Governing the Commercial Arbitration

Principle of Separability · Principle of Competence Competence · Principle of Arbitrability · Law governing Commercial Arbitration and its Application

Unit III — Role of Judiciary at various Stages of Arbitration

Appointment of the Arbitrator · Interim Measures in Arbitration · Setting aside of arbitral awards · Enforcement of Foreign arbitral awards

Unit IV — Emerging Issues in Commercial Arbitration

Enforcement of Emergency Arbitral Awards · Anti arbitration injunctions and the Indian Courts · Multi-party arbitration · Seat/ Place of Arbitration in a domestic and foreign seated arbitration

Unit V — The Mediation & the Conciliation

Understanding Mediation as an effective Mechanism of ADR · The Mediation Process and the Role of the Mediator. · The Role of Lawyers and the Parties in Mediation. · Enforcement of Mediation Agreements. · Role of the Conciliator in the resolution of a Commercial Dispute.