ALTERNATIVE DISPUTE RESOLUTION (ADR}

BALC8001

OBJECTIVE: Understand the backdrop, meaning, advantages and disadvantages of Alternative

Dispute Resolution (ADR) mechanisms. Understand the key differences between Alternative Dispute
Resolution mechanisms and Judicial Adjudication. To Understand the skills and elements involved
in Negotiation, Mediation and Conciliation. To Understand the conceptual framework related to the
Arbitration and Conciliation Act, 1996 and The Legal Services Authorities Act, 1987. To Understand
the process of dispute resolution through ADR mechanisms, in particular, under the Arbitration and
Conciliation Act, 1996 and the Legal Services Authorities Act, 1987. To Understand the provisions
related to reference of disputes to alternative dispute mechanisms under the Code of Civil Procedure
(CPC), 1908. [Section 89]. To Understand the complexities involved in drafting "Arbitration Clause".
Recognize the role played by the Hon'ble Judiciary in interpreting the Arbitration and Conciliation
Act, 1996 and the Legal Services Authorities Act, 1987.

Credits: 6
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SEMESTER- IX
-- L-T-P: 5-1-0
Module Teaching
Content
No. Hours

a) Introduction: -(a) Concept of ADR (b) Origin of ADR C) Definition and

Scope of ADR d) Constitutional Background of ADR e) Justice Malimath
Committee Report

b) Arbitration: (a) Arbitration Agreement (b) Composition of Arbitral

Tribunal c) Jurisdiction d) Conduct of Proceedings e) Making if Arbitral
I Award and Termination of Proceedings f) Enforcement of Arbitral Award g) 30
Appeals

c) Enforcement of Foreign Awards: a) New York Convention Awards b)

Geneva Convention Award

d) Court Annexed ADR in India: a) Section 89 of Civil Procedure Code,

1908 b) Role of Courts - Referral of Disputes to ADR.
a) Mediation and Conciliation: a) Meaning of Mediation and
Conciliation b) Difference between Mediation and Conciliation c)
II 30
Advantages of Mediation d) Role of Mediators/Conciliators.

INSTITUTE OF LEGAL STUD EIS AND RESEARCH

 b) Lok Adalat: a) Genesis and Meaning of Lok Adalat b) Legal
Recognition for Lok Adalat in India c) Constitution of Lok Adalat d)
Jurisdiction of Lok Adalat d) Powers of Lok Adalat

c) Future of ADR in India

COURSE OUTCOME

COl : Appreciate the advantages ofresolving disputes through alternative dispute resolution mechanisms.

CO2: Appreciate the conceptual framework related to various ADR processes.

CO3: Identify and analyze the key provisions of the Arbitration and Conciliation Act, 1996

TEXTBOOKS

• Avtar Singh, Law of Arbitration and Conciliation and Alternative Dispute

Resolution Systems, 11 th Edn., EBC, Lucknow, 2018.
• Dr. S.C Tripathi, Alternative Dispute Resolution Systems, Central Law
Publication, New Delhi 2018

INSTITUTE OF LEGAL STU DEIS AND RESEARCH