Practical Training (II): Alternate Dispute Resolution System
Savitribai Phule Pune University · LL.B. Semester 4 · LAEC 0804
Unit 1 — Introduction
1. Alternate Dispute Resolution Mechanisms: Meaning, Definitions, Concept, Forms and History · 2. Difference between Negotiation-Mediation-Conciliation-Arbitration · 3. Structure Powers and Functions of the Authorities under the Legal Services Authority Act, 1987 Lok Adalat and Permeant Lok Adalat · 4. Legislative and judicial sanction for ADR and development of ODR in ADR · 5. Other legal provisions dealing with ADR: · i. Section 89 of Civil Procedure Code 1908 ii. Family Courts: Section 9 of Family Courts Act, 1984 and The Maharashtra Family Courts Rules, 1987 iii. MSME Laws: Section 18 to 21 of The Micro Small and Medium Enterprises Development Act 2006 iv. Labour and Industrial Laws: Industrial Dispute Act 1987 · v. Section 32(g) of Real Estate (Regulation and Development) Act, 2016 vi. Section 74 to 81 of Consumer Protection Act, 2019 vii. Section 442 of Companies Act 2013
Unit 2 — Negotiation and Mediation:
1. Meaning, features, theories, types of negotiation · 2. Appointment, role and qualities of the negotiator, Process of negotiation, International negotiation · 3. Meaning, features, theories and role of Mediation, Mediation Skills · 4. Applicability of the Mediation Act, 2023, Appointment and role of mediator, · 5. Mediation proceedings, conduct, and time limit for completion of mediation, Confidentiality, online mediation · 6. Mediation settlement agreement and registration, its enforcement and non- settlement report · 7. Mediation Council of India, constitution, powers and functions · 8. Mediation Service Providers and Mediation Institutes, institutional Mediation, Community Mediation, Mediation fund
Unit 3 — Conciliation:
1. Meaning, features and modes of Conciliation · 2. Conciliation under the Arbitration and Conciliation Act, 1996 · 3. Appointment and role of conciliator · 4. Techniques of conciliation and Termination of conciliation proceedings · 5. Contractual provisions about conciliation
Unit 4 — Arbitration:
1. Meaning, features, theories and types of arbitration · 2. Types of Arbitration - Domestic and International arbitration, Institutional arbitration · 3. Advantages and disadvantages of arbitration · 4.The arbitration agreement, formation, its essentials · 5.Validity of arbitration agreement · 6.Rule of severability, Effect of death, insolvency, etc. on agreement · 7.Parties to arbitration agreement, Agreement as binding on third parties · 8. Power of Court to refer parties to arbitration · 9. Jurisdiction of Courts
Unit 5 — Structure, Powers and Functions of Arbitral Tribunal:
1. Constitution of Arbitral Tribunal - qualifications to act as arbitrator · 2. Disclosures by arbitrator, Disqualification of arbitrators · 3. Grounds to challenge appointment and procedure of Arbitrators · 4. Powers of Courts to appoint Arbitrators · 5. Jurisdiction of arbitral tribunal - Power to rule on its own jurisdiction: Doctrine of “compétence-compétence” · 6. Interim measures ordered by arbitral tribunal · 7. Interim measures by Court
Unit 6 — Arbitration Proceedings and Award:
1. Conduct of arbitral proceedings, procedure, rules of procedure · 2. Language, impartiality of arbitrator, equal treatment of parties · 3. Procedure before arbitral tribunal, claim, defence, hearing, evidence, experts, confidentiality, application of the Law of Evidence and Limitation · 4. Court’s assistance in taking evidence, fast track procedure · 5. Arbitral award - Types of award - Form and Content - Finality of award - Interpretation of award · 6. Correction in award - Stamp duty - Registration - Additional Award Costs - Termination of proceedings · 7. Time limits for award, extension of time · 8. Recourse against award, Grounds of setting aside award, Court’s role, Enforcement of award
Unit 7 — International Perspectives and Enforcement of Foreign Awards - International Perspectives:
1. UNCITRAL Model Law on International Commercial Arbitration · 2. The Geneva Protocol on Arbitration Clauses, 1923 · 3. The Geneva Convention on the Execution of Foreign Arbitral Awards 1927 · 4. The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 · 5. Foreign awards – meaning and definition (New York Convention Awards and Geneva Convention Awards) · 6. Referring parties to arbitration · 7. Binding nature of foreign awards, · 8. Enforcement of foreign award, Proof of award, Conditions for enforcement, The role of national courts in the international arbitration process · 9. Jurisdictional issues · 10. India International Arbitration Centre Act, 2019