Clinical Course - II (Alternative Dispute Resolution)

Unit I — Domestic Arbitration

Domestic Arbitration 1. General Provisions - Definition Clause - Meaning of Arbitration, Valuer, Experts, Valuation, Dispute, Dispute of Civil Nature, Tort matters, Contract of Apprenticeship, Assignment, Powers under agreement - Arbitration and litigation - Reference underArbitration Agreements. 2. Arbitration agreement - Agreement to be in writing - No prescribed form of agreement-Tenders containing arbitration clauses - Telex - Fax - Arbitration Agreement and reference clauses having the effect of arbitration agreement - Rent review clause. Agreement of reference in the shape of option - Reference of time - Barred claim etc. 3. Composition of Arbitral Tribunal - and all its attendant provisions. 4. Jurisdiction of Tribunal 5. Conduct of Arbitral Proceeding. 6. Making of Arbitral Award and Termination of Proceedings. 7. Recourse against Arbitral awards - Finality and enforcement of Arbitral awards. 8. Appeals and Miscellaneous Provisions.

• The Arbitration and Conciliation Act, 1996

Unit II — Enforcement of Certain Foreign Awards a. International and Commercial Arbitration

Commercial choice of place and proper law of Arbitration - Governing law of arbitration - Foreign award - International arbitration - New York convention awards - Binding force of foreign awards - enforcement of foreign awards-Appealable orders. b. Geneva Convention Awards: Foreign awards for purposes of this convention - II Schedule & III Schedule - All Implications Relating to the Geneva Convention Awards.

• Enforcement of Certain Foreign Awards

Unit III — Conciliation

Conciliation a. Meaning - Number and qualification of conciliators - Appointment of conciliators - Principles of Procedure - Procedure of Conciliation. b. Settlement : Settlement of Disputes - Status and effect of settlement agreement - Restrictions on the role of conciliators -Termination of Conciliation Proceedings - Resort to Arbitral or Judicial Proceedings - Costs - Deposits.

• Conciliation

Unit IV — Mediation

Mediation

• Mediation and Negotiation

Unit V — Schedules a. First Schedule

Convention on the Recognition and Enforcement of Foreign Arbitral awards. b. Second Schedule : Protocol on Arbitration Clauses. c. Third Schedule : Convention on the Execution of Foreign Arbitral Awards.