B.A., LL.B & B.B.A., LL.

B, July, 2015 Batch

Course Outline

ARBITRATION, CONCILIATION AND ALTERNATIVE DISPUTE

Subject Name
RESOLUTION SYSTEM
Subject Credit 4
Subject Code CLAW 228
The aim of any legal system is conflict resolution. However with increasing
globalization, development and commercial activity, the traditional adjudication
of disputes through the mechanism of courts has become a time consuming and
a cumbersome process. This impediment, along with other detriments of heavy
Summary/ Overview costs, have opened doors for an alternative dispute resolution system, which is
robust, time saving and cost effective. The study of ADR, thus is highly
significant in moulding the students of law to act as soldiers of justice in the
ever-changing socio-economic scenario.
The utility of law is conflict resolution. Therefore, familiarization with the
various modalities and techniques of conflict resolution is a necessary
component, in the endeavor of developing an expertise on the juridical system.
The traditional justice delivery system of adjudication through courts has
already given way to a large extent, to several alternative modes of dispute
resolution in common law countries. Globalization has slowly but surely,
enthused this transformation everywhere. Therefore the study of ADR becomes
Aims highly significant in moulding the students of law to act as soldiers of justice in
the ever-changing socio-economic scenario. The course aims to give the
students an insight into the processes of arbitration, conciliation and mediation
in areas where the traditional judicial system had its sway in the past and in the
new areas of conflicts that demand resolution by alternative methods. No doubt,
the course has to be taught with comparative and international perspectives with
a view to bringing out the essential awareness of the national and international
systems emerging at the present context.
Prof. Abhishek Dua
Office: 46199180
Instructor
Phone No: 8750079090
E-mail id: abhishek.dua@alliance.edu.in
Office Hours 09:00-17:00 Hrs. (Monday to Friday)09:00-17:00 Hrs. (Monday to Friday)

Core Learning Outcomes

Learning Outcomes Assessment Criteria
Sl.
On completion of this unit you should To achieve the learning outcome you must
No.
be able to: demonstrate the ability to:
Identify the underlying objectives of ADR
Determine the merits and demerits of ADR vis-à-vis
1 and distinguish between ADR and
traditional litigation.
traditional litigation.
Know the practical procedures for various Choose and apply the appropriate ADR technique in
2.
ADR techniques practice.

The subject is a clinical course, conducted through simulation and practical

exercises to endow upon the students hands on experience of the different
Alternative Dispute Resolution Mechanisms. The course consists of Four credits
(4) which comprises of 48 sessions, including formal lectures and practical
exercises, in conformity with the Bar Council of India norms. The duration of
every session shall be One Hour and Fifteen Minutes. The Class will meet
regularly as per the schedule prescribed by the Dean’s office, ASOL. The method
of teaching will consist of formal lectures, applied exercises, case study analysis,
Approach to Learning
audio visual presentations and group discussions. Students are expected to read
and be informed about the subject before coming to class. Credits are allocated
to your class presentation and discussion. To facilitate discussion, the concerned
instructor or lecturer will initiate discussion and students will have to participate
and contribute to the discussion. Before the end of the each session the instructor
will wrap up by giving a summary of the topic/discussion and the key learnings.
The instructor will also respond to questions raised by students during the
discussion.
Importance is given to understanding the concepts of Alternative Dispute
Resolution and its process, through formal lectures and applied exercises.
Students are encouraged to participate in all the applied exercises and class room
discussions.
Assessment Strategy Considering this to be a clinical course, evaluation will be conducted through
practical exercises, at least for a significant portion of the course, attendance and
class tests.

Assessment Description of Assessment Weight Total Duration and Marks of

No
Method Method % Examination
1 AT Class attendance 5 5 Throughout the course
Role Play(5 x 2) 10 20 Throughout the course
2 Negotiation
Written Submission (5 x 2) 10 Throughout the course
Role Play(5 x 2) 10 20 Throughout the course
3 Mediation Written Submission (5 x 2) 10 Throughout the course
Report Submission of visit 10
4 Conciliation 5 Throughout the course
to Lok Adalat (5x1)

5 Arbitration
6 Class Test
Report submission of visit to
5 Throughout the course
Labour Court (5x1)
Case Law/ Article Analysis : 15 Throughout the course
Presentation 10 Throughout the course
Written Submission 5 Throughout the course
Test 1 10 30 Throughout the course
Test 2 10 Throughout the course
Test 3 10 Throughout the course

Outline Teaching Schedule

Unit
Topic No. of Sessions
Number
What is Alternative Dispute Resolution (ADR) 6 Hrs
Evolution of ADR-History
Legal and Constitutional Mandate:
Article 39A (Free Legal Aid; Lok Adalat),
Section 89 (CPC) (Settlement of disputes outside court)
Unit I
1. Arbitration
2. Conciliation
3. Mediation
4. Negotiation
5. Lok Adalats
Arbitration Agreement & Arbitral Tribunal 8 Hrs

1. Essentials
2. Who can enter into arbitration agreement
3. Validity
4. Reference to arbitration
Unit II
5. Extent of Judicial Intervention
6. Power of Court to refer parties to Arbitration-Interim measures.
7. Number of Arbitrators; Appointment, Grounds of Challenge,
Challenge Procedure, Court Assistance.
8. Competence-competence- Competence of Arbitral Tribunal to
rule on its jurisdiction; Interim Measures by Tribunal
Conduct of Arbitral Proceedings, Termination & Arbitral Award 6 Hrs

1. Equal treatment of parties

2. Determination of Rules of procedure.
3. Place of Arbitration,
4. Language, Statement of Claim and defense-Hearing and
Unit III written proceedings,
5. Expert appointment by Arbitral Tribunal.
6. Rules applicable to the substance of dispute
7. Settlement
8. Form and contents of Arbitral Award
9. Termination of proceedings
10. Setting Aside of Award, Appeal, Enforcement
 1. UNCITRAL MODEL RULES 8 Hrs
2. New York Convention, 1958
3. International Arbitration Agreement
4. Appointment of Arbitrator
Unit IV 5. Mandate of Arbitrator; Removal of Arbitrator
6. Court Intervention
7. Setting aside of Award
8. Provisions as to Appeals

Unit V Legal Services Authority Act, 1987: 2 Hrs

Lok Adalat:
1. Meaning,
2. Validity,
3. Types,
4. Procedure
Lokpal , Lokayukt and Ombudsman
Workshops, Field Visits, Role-plays, Assignments, Project, Viva- 18 hrs
Unit VI
voce, Participation in class activities
48 Hours
Total Hours
Recommended Resources
Scott I, ADR: Principles And Practice By Henry J. Brown And Arthur L. Marriott (Sweet and Maxwell,1999)

Andrew Pirie and Christopher W Moore, Alternative Dispute Resolution (Irwin Law, 2015)

Singh A, Law Of Arbitration And Conciliation With Alternative Dispute Resolution(Eastern Book Company
2009)

Chakraborty A, Law & Practice Of Alternative Dispute Resolution In India- A Detailed Analysis (Lexis Nexis
Butterworths Wadhwa 2015)

Tripathi S, Arbitration And Conciliation Act (With ADR) (Central Law Publications 2015)

Ramiah U, Arbitration & ADR Including Conciliation, Mediation & Negotiation (Asia Law House 2015)

Bansal A, Arbitration And ADR (Universal Law Publishing Company Pvt Ltd 2019)