Law of Arbitration (30 Hours)
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INTRODUCTION
The Alternative Dispute Resolution mechanism, as the name suggests, evolved against the conventional method of dispute settlement by courts. It is not disputed to state that courts take ample time to settle any dispute as well as they are expensive too. On the other side, ADR mechanism is less bound by procedural formalities and speedy in giving results. For this reason ADR is appreciated by many countries around the world. India also became part of this change in the year 1996 when it enacted the Arbitration and Conciliation Act. The Act is replica of the UNCITRAL Model Law.
The course is designed in a way that it will give the students insightful knowledge about this emerging area. The goal of the course is to help the students to understand the various methods of resolving disputes under ADR system, so that they can help their clients and society to select and employ the most effective, just and humane methods.
LEARNING OBJECTIVES OF THE COURSE
This Course aims at giving you an overview of the course- ‘Alternative Dispute Resolution (ADR)’. Its goals are:
- To equip prepare students with Toolkit of techniques/methods of ADR & Arbitration;
- To prepare students to identify the importance of ADR & Arbitration in justice delivery;
- To prepare students to identify the legal matters that can be resolved through ADR & Arbitration techniques/methods;
- Above all, to prepare students to supplement the regular dispute resolution (RDR) methods of litigation with ADR & Arbitration techniques/methods and emerge as lawyers practicing and promoting use of ADR for expedient justice delivery.
Note: Case List and Suggestive Readings will be provided to the registered candidates only after the commencement of the class.
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- Methods of dispute settlement (judicial and non-judicial)
- Definition of Arbitration
- Arbitration agreement
- Referring dispute to arbitration
- Interim measures, etc. by Court
- Appointment of arbitrators –number of arbitrators
- Fourth Schedule to Arbitration and Conciliation Act, 1996
- Grounds and procedure for challenging mandate of arbitrator
- Termination of mandate and substitution of arbitrator
- Competence of arbitral tribunal
- Interim measures ordered by arbitral tribunal
- Equal treatment of parties
- Determination of rules of procedure
- Seat-place-venue of arbitration
- Commencement of arbitral proceedings
- Procedure- hearing and written proceedings
- Default of a party
- Court assistance in taking evidence
- Decision making by arbitral tribunal
- Time limit for declaring arbitral award
- Fast track procedure
- Forms & contents of arbitral award
- Regime for costs
- Termination of proceedings
- Setting aside of arbitral award
- Finality of arbitral awards
- Enforcement
FREE 30 mins Career Counselling Session (worth INR 600/-) with this course.
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