Year: 4th

Semester: VII

1. Name of the Faculty: Aprajita singh

2. Code : CLCC 5004
3. Course : Arbitration and Conciliation & ADR Mechanism L: 3
4. Program : BBA LLB (Corporate Law) 2017 T: 1
5. Target : 50% P: 0
C: 3
COURSE PLAN
Target 50% (marks)
Level-1 40% (population)
Level-2 50% (population)
Level-3 60% (population)

1. Method of Evaluation
UG
Quizzes/Tests, Assignments (30%)
Mid Examination (20%)
End examination (50%)

2. Passing Criteria
Scale UG
Out of 10 point SGPA – “5.0” in each semester
scale CGPA – “5.0”
Min. Individual Course Grade  –  “C”
Course Grade  Point –  “4.0”

*for UG, passing marks are 35/100 in a paper

3. Pre-requisites: Contract Law

4. Pedagogy
Interactive approach during the study (Students are supposed to come prepared
for the topics for discussion in the class/ case studies/ Presentations/ Viva-voce),
randomly any student can be called on the board to solve the problems.

Work in small groups for Group Projects and personalized teaching

(Student counseling, mentoring and individual/group projects/ assignments,

exercises using Solver and excel etc.)
 Year: 4th
Semester: VII

1. Name of the Faculty: Aprajita singh

2. Code : CLCC 5004
3. Course : Arbitration and Conciliation & ADR Mechanism L: 3
4. Program : BBA LLB (Corporate Law) 2017 T: 1
5. Target : 50% P: 0
C: 3
 Case Analysis
 Virtual Class room Discussion
 Random Questioning

5. Course Objectives

 The students will be able to understand and explain the nature, scope,
importance and basic principles of alternative dispute resolution laws in
India with current developments.
 The students will be able to analyze the social, historical, constitutional
and legal developments on alternative dispute resolution laws in India vis-
a-vis international developments in the field.
 The students will be able to comprehend and appreciate the applicable
legal regime specifically legislated for alternative dispute resolution in
India.
 The students will be able to appreciate the structure, functioning and
jurisprudence of Arbitral Tribunals in India.
 The students will be able to able to critically evaluate and formulate
arguments (oral and written) towards pressing issues and contemporary
developments in alternative dispute resolution laws and policy.

6. References:
Text Books Web resources Journals Reference
books
Avtar Singh, “Law Journal Of
 Westlaw
of Arbitration and International Justice RP
Conciliation” 11th  LexisNexis Arbitration Sethi, “Law of
Edition 2007, EBC Arbitration
Contemporary Asia
Publication. Arbitration Journal, All India Arbitration and
Dr. N. V Paranjape, 2008 - Current Law Reporter conciliation”
(HeinOnline)
“Law relating to 2008, Ashok
Arbitration World Trade And Law House.
Conciliation in Arbitration Materials.
Bi-Monthly David St John
 Year: 4th
Semester: VII

1. Name of the Faculty: Aprajita singh

2. Code : CLCC 5004
3. Course : Arbitration and Conciliation & ADR Mechanism L: 3
4. Program : BBA LLB (Corporate Law) 2017 T: 1
5. Target : 50% P: 0
C: 3
India, 7th Edition Indian Sutton,
(Central Law Journal Of Arbitratio “Russel on
Agency) n Law (IJAL) Arbitration”,
Asian International London Sweet
P.C. Markanda, Arbitration Journal, 1999
“Arbitration Step & Maxwell
by step”, 2nd 2007
Edition (Lexis
Nexis) Madhusudan
Saharay,
“Arbitration
&
Conciliation
with
Aleternative
dispute
Resolution,
2nd Edition
(Universal
law
Publishing
Co. Pvt. Ltd.,
2011)

Introductory
Mediation on
Conflict
Management
compiled by
Prof. D.K.
Sampath;

Law relating
to Arbitration
and
Conciliation
by PC
Markanda
 Year: 4th
Semester: VII

1. Name of the Faculty: Aprajita singh

2. Code : CLCC 5004
3. Course : Arbitration and Conciliation & ADR Mechanism L: 3
4. Program : BBA LLB (Corporate Law) 2017 T: 1
5. Target : 50% P: 0
C: 3
Wadhwa and
Co. ; 4th ed.
2001

Hand Book of
Arbitration
Practice by
Bernstein
Ronold Sweet
and Maxwell.

GUIDELINES TO STUDY THE SUBJECT

Instructions to Students:
1. Go through the 'Syllabus' in the Black Board section of the web-
site(https://learn.upes.ac.in) in order to find out the Reading List.
2. Get your schedule and try to pace your studies as close to the timeline as
possible.
3. Get your on-line lecture notes (Content, videos) at Lecture Notes section. 
These are our lecture notes. Make sure you use them during this course.
4. Check your blackboard regularly
5. Go through study material
6. Check mails and announcements on blackboard
7. Keep updated with the posts, assignments and examinations which shall
be conducted on the blackboard
8. Be regular, so that you do not suffer in any way
9. Cell Phones and other Electronic Communication Devices: Cell phones
and other electronic communication devices (such as
Blackberries/Laptops) are not permitted in classes during Tests or the
Mid/Final Examination. Such devices MUST be turned off in the class
room.
 Year: 4th
Semester: VII

1. Name of the Faculty: Aprajita singh

2. Code : CLCC 5004
3. Course : Arbitration and Conciliation & ADR Mechanism L: 3
4. Program : BBA LLB (Corporate Law) 2017 T: 1
5. Target : 50% P: 0
C: 3
10.E-Mail and online learning tool: Each student in the class should have
an e-mail id and a pass word to access the LMS system regularly.
Regularly, important information – Date of conducting class tests, guest
lectures, via online learning tool. The best way to arrange meetings with
us or ask specific questions is by email and prior appointment. All the
assignments preferably should be uploaded on online learning tool.
Various research papers/reference material will be mailed/uploaded on
online learning platform time to time.
11.Attendance: Students are required to have minimum attendance of 75%
in each subject. Students with less than said percentage shall NOT be
allowed to appear in the end semester examination.
This much should be enough to get you organized and on your way to having a
great semester! If you need us for anything, send your feedback through e-mail
spathak@ddn.upes.ac.in Please use an appropriate subject line to indicate your
message details.
There will no doubt be many more activities in the coming weeks. So, to keep up
to date with all the latest developments, please keep visiting this website
regularly.

RELATED OUTCOMES

1. The expected outcomes of the Program are:

PO1 Students will demonstrate conceptual knowledge in core areas of
law
PO2 Students will effectively apply their learnings to practical legal
issues
PO3 Students will be able to exhibit effective law professional skills,
employing oral and written communication, legal research, analysis,
rationalization and critical-thinking
PO4 Students will demonstrate ability to evolve alternative solutions
 Year: 4th
Semester: VII

1. Name of the Faculty: Aprajita singh

2. Code : CLCC 5004
3. Course : Arbitration and Conciliation & ADR Mechanism L: 3
4. Program : BBA LLB (Corporate Law) 2017 T: 1
5. Target : 50% P: 0
C: 3
from dynamic socio-economic and techno-legal perspectives
PO5 Students will demonstrate desirable qualities to be employable in
the relevant market
PO6 Students will show sensitivity towards ethical, moral and social
issues arising in their professional career
PO7 Students will exhibit commitment, teambuilding, networking,
leadership and lifelong learning skills to excel in legal world

2. The expected outcomes of the Specific Program are:

PSO1 Students will be able to demonstrate conceptual knowledge in core
areas of business administration.
PSO2 Students will be able to demonstrate integrated knowledge of legal
principles and business administration.
PSO3 Students will be able to exhibit skills in practices and procedures of
corporate laws.

3. The expected outcomes of the Course are:

The students will be able to conceptually understand, appreciate and
CO 1 develop a jurisprudential understanding of the legal concepts related
to ADR.
CO 2 The students will be able to critically analyze various legal
 Year: 4th
Semester: VII

1. Name of the Faculty: Aprajita singh

2. Code : CLCC 5004
3. Course : Arbitration and Conciliation & ADR Mechanism L: 3
4. Program : BBA LLB (Corporate Law) 2017 T: 1
5. Target : 50% P: 0
C: 3
provisions, and to identify how these relate to each other in the
broader history of thought
The students will be able to identify, explain, distinguish the diverse
origins and various conceptualizations of law and develop a keen
CO 3
sense of objectivity while dealing with various laws and will be able
to relate it with civil judicial administration.
The students will be able to put in practice the acquired knowledge,
procedural and practical aspects of law and will use logical,
CO 4
analytical and decision-making ability to deal with challenges of
administration of justice.
 Year: 4th
Semester: VII

1. Name of the Faculty: Aprajita singh

2. Code : CLCC 5004
3. Course : Arbitration and Conciliation & ADR Mechanism L: 3
4. Program : BBA LLB (Corporate Law) 2017 T: 1
5. Target : 50% P: 0
C: 3

4. Co-Relationship Matrix
Indicate the relationships by1- Slight (low) 2- Moderate (Medium) 3-
Substantial (high)

Progra
m
Outco PS
mes P P PO P PO PO P PS PS O3
O1 O2 3 O4 5 6 O7 O1 O2
Course
Outco
mes
CO 1 3 1 1 2 2 1 1 - - -
CO 2 1 2 1 2 1 1 2 2 3 2
CO3 1 3 2 2 3 3 2 2 3 -
CO4 2 2 3 3 2 2 3 2 3 -
Averag 1.7 2 1.7 2.2 1.7 2 3 2
2 2
e 5 5 5 5

5. Course outcomes assessment plan:

components
Mid
Course Assignment Test/Quiz End Semester
Outcomes Semester

CO 1 √ √ √
CO 2 √ √ √
CO 3 √ √
CO 4 √
 Year: 4th
Semester: VII

1. Name of the Faculty: Aprajita singh

2. Code : CLCC 5004
3. Course : Arbitration and Conciliation & ADR Mechanism L: 3
4. Program : BBA LLB (Corporate Law) 2017 T: 1
5. Target : 50% P: 0
C: 3

BROAD PLAN OF COURSE COVERAGE

Course Activities:
Planned
S.
Description No. of Remarks
No. From To
Sessions

Introduction to
1. 1 8 8
Arbitration And
Conciliation Act, 1996
The Arbitration
Agreement and
2. 9 18 10
Conduct Of Arbitral
Proceedings
Composition And
Jurisdiction Of
Arbitral Tribunal,
3. Making Of Arbitral 19 28 10
Award And
Termination Of
Proceedings
Recourse Against
Arbitral Award,
4. Enforcement Of 29 36 8
Award And Appeal
Etc
Enforcement Of
Certain Foreign
5. Awards 37 39 3
 Year: 4th
Semester: VII

1. Name of the Faculty: Aprajita singh

2. Code : CLCC 5004
3. Course : Arbitration and Conciliation & ADR Mechanism L: 3
4. Program : BBA LLB (Corporate Law) 2017 T: 1
5. Target : 50% P: 0
C: 3
Alternative Dispute
6. Redressal 40 45 5

Sessions: Total No. of Instructional periods available for the course: 45

 Year: 4th
Semester: VII

1. Name of the Faculty: Aprajita singh

2. Code : CLCC 5004
3. Course : Arbitration and Conciliation & ADR Mechanism L: 3
4. Program : BBA LLB (Corporate Law) 2017 T: 1
5. Target : 50% P: 0
C: 3

SESSION PLAN
UNIT-I
ARBITRATION AND CONCILIATION ACT, 1996

Mode CO
Lectur Map
e No. Topics to be Covered ped
Arbitration- Meaning, Features of Arbitration and Synchron
Conciliation Act, 1996 ous
1  CO1
Effect of the Supreme Court Decision in BALCO Case Synchron
ous
2  CO3
Effect of the Supreme Court Decision in BALCO Case Asynchro
nous
3 CO3
Tutorials

Proposal for amendments in Arbitration and Conciliation Act Synchron

1996 ous
4 CO2
Proposal for amendments in Arbitration and Conciliation Act Synchron
1996 ous
5 CO3
Major changes introduced by Arbitration and Conciliation Asynchro
(Amendment Act 2015) nous
6 CO3
Tutorial
 Year: 4th
Semester: VII

1. Name of the Faculty: Aprajita singh

2. Code : CLCC 5004
3. Course : Arbitration and Conciliation & ADR Mechanism L: 3
4. Program : BBA LLB (Corporate Law) 2017 T: 1
5. Target : 50% P: 0
C: 3
Major changes introduced by Arbitration and Conciliation Synchron
(Amendment Act 2015) ous
7 CO3
The Arbitration and Conciliation (Amendment) Act 2019- Synchron
Key Highlights, Arbitration vis-à-vis ADRs ous
8 CO3

SESSION PLAN
UNIT-II
THE ARBITRATION AGREEMENT

Lect Mode CO
ure Mapp
No. Topics to be Covered ed

Asyn
chron
Arbitration Agreement- Arbitration Agreement to be in writing,
ous
9. Extension of Arbitration contract on phone held valid  CO4

Tutorials

Arbitration Agreement to be signed by the parties, Governments Synch

Contracts and ronou
10 s  CO3

Arbitration Clause, Validity of Arbitration Agreement Containing Synch

pre-deposit of cost clause ronou
11 s  CO2

Mutuality, Survival of arbitration agreement, Disputes or cases Asyn

which cannot be settled through Arbitration chron
ous
Stay of legal proceedings may be refused,
12  CO4
 Year: 4th
Semester: VII

1. Name of the Faculty: Aprajita singh

2. Code : CLCC 5004
3. Course : Arbitration and Conciliation & ADR Mechanism L: 3
4. Program : BBA LLB (Corporate Law) 2017 T: 1
5. Target : 50% P: 0
C: 3
Tutorials

Disposal of Stay-application. Concurrent Synch

ronou
proceedings on a Court of law and Arbitral Tribunal,
s
13 CO4

Filing Civil Suit without resort to Arbitration, Reference to Synch

Arbitration in the absence of Arbitration Agreement ronou
14. s CO2

Power to refer parties to arbitration where there is an Arbitration Asyn

Agreement - No stay on Bank Guarantee, chron
ous
15. CO2

Tutorials

Any person claiming through or under the plaintiff, Judicial Synch

authority shall refer the parties to Arbitration ronou
s
Interim measure etc. by court- Court cannot order stay of arbitral
Proceedings,
Interim Injunction as an Interim Measures, Difference between
16. Section 9 and Section 17 of the Act CO2

Equal treatment of parties, Determination of rules of procedure Synch

ronou
Place of Arbitration, Commencement of Arbitral Proceedings
17 s CO2

Language, Statement of Claim and defence, Hearings and written Asyn

proceedings, Default of a party, Expert appointment by Arbitral chron
18 Tribunal, Court assistance in taking evidence ous CO2

Tutorials
 Year: 4th
Semester: VII

1. Name of the Faculty: Aprajita singh

2. Code : CLCC 5004
3. Course : Arbitration and Conciliation & ADR Mechanism L: 3
4. Program : BBA LLB (Corporate Law) 2017 T: 1
5. Target : 50% P: 0
C: 3

SESSION PLAN
UNIT-III
COMPOSITION AND JURISDICTION OF ARBITRAL TRIBUNAL

Lec Mode
tur CO
e Map
No. Topics to be Covered ped

Sync
hrono
Number of Arbitrators, Appointment of Arbitrators, Power of Central
us
19 Government to amend Fourth Schedule  CO2

Sync
Grounds for challenge, Challenge Procedure, hrono
20. us  CO4

Asyn
Failure or impossibility to act Termination of mandate and
chron
substitution of arbitrator
21. ous  CO3

Tutorials

Sync
Challenge to jurisdiction of Arbitrator, Duties of Arbitrator hrono
22. us CO4

Sync
Competence of arbitral tribunal to rule on its jurisdiction hrono
23. us  CO4

Asyn
Interim measures ordered by arbitral tribunal chron
24. ous  CO1
 Year: 4th
Semester: VII

1. Name of the Faculty: Aprajita singh

2. Code : CLCC 5004
3. Course : Arbitration and Conciliation & ADR Mechanism L: 3
4. Program : BBA LLB (Corporate Law) 2017 T: 1
5. Target : 50% P: 0
C: 3

Tutorials

Sync
Rules applicable to substance of dispute, Decision making by panel
hrono
of Arbitrators, Time Limit of Arbitral Award
25. us  CO2

Sync
Fast Track Procedure, Settlement, Forms and Contents of Arbitral
hrono
Award
26. us  CO3

Asyn
Regime for Costs, Termination of Proceedings chron
27 ous CO3

Tutorials

Sync
Correction and Interpretation of Award hrono
28 us CO3

SESSION PLAN
UNIT-IV
CONDUCT OF ARBITRAL PROCEEDINGS

Lectu Mod CO
re e Mapp
No. Topics to be Covered ed

Sync
hron
29 Equal treatment of parties, Determination of rules of procedure ous  CO1
 Year: 4th
Semester: VII

1. Name of the Faculty: Aprajita singh

2. Code : CLCC 5004
3. Course : Arbitration and Conciliation & ADR Mechanism L: 3
4. Program : BBA LLB (Corporate Law) 2017 T: 1
5. Target : 50% P: 0
C: 3
Sync
Place of Arbitration, Commencement of Arbitral Proceedings hron
30. ous  C02

Tutorials

Sync
Language, Statement of Claim and defence, Hearings and written
hron
proceedings, Default of a party
31. ous  CO3

Expert appointment by Arbitral Tribunal, Court assistance in Sync

taking evidence hron
ous
32. Equal treatment of parties, Determination of rules of procedure CO4

Application for setting aside arbitral award- Invalidity of Asyn

chron
Agreement, Want of Notice, Limited powers of Courts, Dispute
ous
.33 not arbitrable  CO4

Tutorials

Which court has jurisdiction to set aside an award? Misconduct Sync

hron
of Arbitrator or proceedings, Non-compliance with Arbitral
ous
34 Procedure  CO4

Period of limitation from setting aside of Arbitral Award, Sync

Exclusion of time when hron
ous
petitioner bonafide and diligently pursues remedy before a wrong
35 court CO3

Consequences of an Award being set aside, Arbitrator Evidence as Asyn

a witness, Finality of Arbitral Awards, Enforcement- Execution of chron
Award against government ous
, Award given teeth, Section 36 applies only to the enforcement of
36. Indian Award CO2
 Year: 4th
Semester: VII

1. Name of the Faculty: Aprajita singh

2. Code : CLCC 5004
3. Course : Arbitration and Conciliation & ADR Mechanism L: 3
4. Program : BBA LLB (Corporate Law) 2017 T: 1
5. Target : 50% P: 0
C: 3

Tutorials

SESSION PLAN
UNIT-V
ENFORCEMENT OF CERTAIN FOREIGN AWARDS

Lect Mode CO
ure Mapp
No. Topics to be Covered ed

Synch
Choice of place of Arbitration and law applicable there to, Foreign
ronou
Award
37 s  CO2

 New York Convention Awards-Definition, power of judicial Synch

authority to refer ronou
s
parties to arbitration, when foreign award binding, evidence,
Enforcement of
foreign awards and conditions, Appealable Orders, Saving,
Chapter II not to apply
38. (Geneva Convention Awards)  CO2

 Geneva Convention Awards- Interpretation, power of judicial Async

authority to refer parties to arbitration, hrono
us
foreign awards when binding, Evidence, Conditions for
enforcement of foreign awards,
39. Appealable Orders, Savings  CO2

Tutorials
 Year: 4th
Semester: VII

1. Name of the Faculty: Aprajita singh

2. Code : CLCC 5004
3. Course : Arbitration and Conciliation & ADR Mechanism L: 3
4. Program : BBA LLB (Corporate Law) 2017 T: 1
5. Target : 50% P: 0
C: 3

SESSION PLAN
UNIT-VI
ALTERNATIVE DISPUTE REDRESSAL

Lect Mode CO
ure Map
No. Topics to be Covered ped

Synchr
Concept, Origin, Definition and Scope, Legislative Recognition,
onous  CO
40 Justice Malimath Committee Report, 1

Constitutional Background Synchr

onous  CO
41 Arbitration, Conciliation, Lok Adalats – Concept, Types of Cases, 1

Resources and achievements, Organization, Authorities, Asynch

Jurisdiction, Cognizance of cases, Cognizance of application or ronous
agreement
Return to Court on failure of Lok Adalats, Awards, Awards to be  CO
42. decree 4

Tutorials

Synchr
Refund of Court Fee, Finality of Orders, Powers, Functioning.
onous  CO
Others Forms of Lok Adalats
43 4

The Family Courts Act of 1984, Policy considerations and national Synchr
perspective, onous
 CO
44 Court Fees Act, 1870, Negotiations, Settlement through ADR 4

Accord and Satisfaction Mediation – Meaning, Basic rules, Asynch

ronous
Selecting Mediator, mediation and hybrid processes, Mediation and  CO
45 arbitration, Benefits of Mediation 4
 Year: 4th
Semester: VII

1. Name of the Faculty: Aprajita singh

2. Code : CLCC 5004
3. Course : Arbitration and Conciliation & ADR Mechanism L: 3
4. Program : BBA LLB (Corporate Law) 2017 T: 1
5. Target : 50% P: 0
C: 3

Tutorials