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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1
Arbitration and Arbitration Agreement
04 hours
  • Methods of dispute settlement (judicial and non-judicial)
  • Definition of Arbitration
  • Arbitration agreement
  • Referring dispute to arbitration
  • Interim measures, etc. by Court

1
Composition of Arbitral Tribunals
06 hours
  • 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

1
Jurisdiction and Conduct of Arbitral Tribunals
06 hours
  • 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 

1
Arbitral Award
07 lectures
  • 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

1
Recourse against Arbitral award and Finality
07 lectures
  • Setting aside of arbitral award
  • Finality of arbitral awards
  • Enforcement 
Any student who is enrolled in a law school or any recent law graduate.
This is a beginner level course on Law of Arbitration primarily for the law students. It will help the students to effectively cover the syllabus of Law of Arbitration as taught in their law schools or law colleges.
Good News :) Yes, each class is recorded and you will have access to recording instantly after the class. Access rights are available till the end of the course.
Classes take place 2-3 days a week and mostly between 4pm to 8:30pm. Exact Days and timings are fixed in consultation with course faculty/facilitator. Kindly check 'Announcement' section in your respective course tab for details and regular updates. You will also receive schedule updates on email and WhatsApp/telegram/signal groups as applicable.
We are Sorry! This facility is not available at this time. However, in rare cases, the management of the Virtual Law School may permit you to join the next batch or refund the fees after deducting the applicability charges.
You simply need 2 things: functioning laptop/desktop/tablet/mobile with audio video facility; and stable internet connection.
We are quite strict on this aspect and we believe you are also looking for a quality education with us :). So, Yes, in order to be eligible for a Certificate of successful participation in the course, there will be an evaluation criteria. This includes: 50% attendance and 50% passing marks in each assignment as would be given by course instructor from time to time. Fulfillment of such criteria will make you eligible for a course Certification Certificate.

FREE 30 mins Career Counselling Session (worth INR 600/-) with this course.

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Course available for 120 days
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Enrolled: 1 student
Duration: 10th Aug-12th Nov., 2021
Lectures: 5
Video: Live Class
Level: Beginner