FACULTY OF LAW, JAMIA MILLIA ISLAMIA
SUBMISSION IN PURSUANCE OF FULFILMENT OF TEACHING
ASSIGNMENT.
CURRICULUM ON-
ALTERNATIVE DISPUTE RESOLUTION
SUBMITTED TO –
DR. KAHKASHAN Y. DANYAL
FACULTY OF LAW, JAMIA MILLIA ISLAMIA.
SUBMITTED BY-
PRERNA PATHAK
SEMESTER 1V
LL.M (SELF FINANCE)
ROLL NUMBER- 21-MLW-1019.
ALTERNATIVE DISPUTE RESOLUTION
OUTLINE OF THE COURSE-
Disputes are a part of human association. Legally speaking, when one person makes a claim
against the other based on a certain law or legal principle, and the other person denies the claim,
there is a dispute. The term Alternative Dispute Resolution (ADR) refers to a range of methods
and processes of dispute resolution. Significantly, these methods are very rapidly transforming
from mere ‘alternatives’ into preferred methods of resolving disputes. The promise of ADR
methods is low cost, fast resolution and an outcome acceptable to both parties. Unfortunately,
due to improper or ineffective use these methods often fail to deliver on these promises.
Different ADR methods have their own nuances and require specialised knowledge and training.
This course is designed to:
Equip the learner with an understanding of various ADR methods;
Train the learner to choose from these methods, and use them in a manner which creates
minimum stress on the parties – in terms of both money and time; and
Hopefully enable learners to pursue solutions acceptable to both sides in a legal dispute.
UNIT- I
Evolution and Concept of ADR
Introduction to ADR- Disputes – meaning and Kinds of Disputes, Dispute Resolution in
adversary system, Justiciable court structure and jurisdiction, ADR- Meaning and
philosophy, Need for ADR, Overview of ADR processes,
Various forms of ADR- Negotiation, Conciliation, Mediation, Arbitration
Indian Perspective of ADR- Types of ADR in India, Current Trends, Dispute Resolution at
grass root level, Lok Adalats, Nyaya Panchayats
UNIT –II
Law of Arbitration in India
Concept and Essential features, Need of Arbitration in International and Indian Law,
Arbitration Law before 1996, Arbitration Law after 1996
Arbitration Agreement, Appointment of Arbitrator, Conduct of Arbitration Proceedings,
Power of Courts to interfere in Arbitration Proceedings, Place of Arbitration, Law applicable
to the Arbitration, Interim Measures, Jurisdictional Issues, Arbitral Award, Setting Aside the
Arbitral Award, Enforcement of Arbitral Award, Online Dispute Resolution
UNIT -III
Arbitral Award
Making of Arbitral Award and Termination of Arbitral Proceedings, Definition of Arbitral
Award, Types of Awards, Rules applicable to Arbitral Proceedings, Form and contents of
Arbitral Award, Termination of proceedings, Correction and interpretation of Arbitral Award
Additional Award VIII.
Recourse against Arbitral Award, Grounds for setting aside Arbitral Award, Additional
Grounds, What is Public Policy of India?, Finality of Arbitral Awards, Enforcement of
Arbitral Awards, Appealable orders
UNIT – IV
Mediation, Conciliation and Negotiation
Mediation- Meaning, Scope and importance of Mediation, Adjudication vs Mediation,
Techniques of Mediation, Mediation Ethics and Obligations of Mediation, Supreme Court’s
Module on Mediation, Civil and Commercial Mediation, Family Mediation, Victim-offender
Mediation
Conciliation and Negotiation- Nature and Modes of Conciliation, Law Relating to
Conciliation. Negotiation: Meaning and Significance, Techniques and approach to
Negotiation
International Practices- Comparative study of Mediation, Comparative Study of Conciliation,
Negotiation for International Relations and Disputes
UNIT – V
International Dispute Resolution
Concept, Nature and Emergence of International Commercial Arbitration, Dispute
Resolution in International Trade, Important terms used in International Commercial
Arbitration, International Arbitration Institutions, A comparison between institutional versus
ad-hoc rules of arbitration
Applicability of Laws- Types of laws applicable in international commercial arbitration,
Governing law of arbitration, Law applicable to the substantive and procedural issues,
Enforcing the choice of law clause, Party Autonomy: Choice of law (Seat Theory), Choice of
national law, Conflict Rules.
Regulating International Commercial Arbitration- An introduction to UNCITRAL Model law
on International Commercial Arbitration, Judicial intervention to Arbitration, Reference to
Arbitration, Interim Measures, General policy for enforcement, review and refusal of foreign
award in India.
SUGGESTED READINGS
P.C. Rao and William Sheffield, Alternative Dispute Resolution, Universal Law Publication,
2004.
Sarfaraz Ahmed Khan, Lok Adalat: An Effective Alternative Dispute Resolution, New
APCON Publication, Daryaganj, 2006.
Madabhushi Sridhar - Alternative Dispute Resolution, Butterworth Lexis Nexis, (Reprint
2010) Ist edition.
Jay E. Grenig, International Commercial Arbitration, West Thomson Reuters, 1 st ed.(2014).
Kroll, Laukas A Mistelis, Viscasilas, V. Rogers, International Arbitration and International
Commercil Law, Kluwer International (2011)
Avtar Singh, Law of Arbitration and Conciliation, Eastern Book Company, 2013(10 th
Edition)
Bansal, A. K. Law of international commercial arbitration, Universal, Delhi, (2010)
David St. John, Judith Gill, Mathew Gearing, Russell on Arbitration, Sweet & Maxwell, 23rd
ed. 2013.
Sriram Panchu, Mediation Practices & Law, Lexis Nexis Butterworth, 1st ed. (2011).
S. Susheela, Mediation Readers Handbook, Asia Law House, 1st ed. (2012).
Ashwinie Kumar Bansal, International Commercial Arbitration - Practice and Procedure
(Enforcement of Foreign Awards - Covering more than 75 Countries), Universal Law
Publication Co. Pvt. Ltd, 1st ed. (2014).
Justice R.S. Bachawat, Anirudh Wadhwa, Anirudh Krishnan, Law of Arbitration and
Conciliation with Exhaustive Coverage of International Commercial Arbitration & ADR,
Lexis Nexis Butterworth, 5th ed. (2013).
O. P. Malhotra & Indu Malhotra, The Law and Practice of Arbitration and Conciliation, 3rd
ed. (2014).
Justice P.S. Narayan, The Arbitration and Conciliation Act, 4th ed. (2007).
Chawla, S.L. Law Of Arbitration and Conciliation, Eastern Law House (2004)
Abraham P. Ordover and Andrea Doneff, Alternatives to Litigation : Mediation, Arbitration,
and the Art of Dispute Resolution, Notre Dame: National Institute for Trial Advocacy, 2002
Mediation in India, A Toolkit, USEFL
The Mediator's Handbook by Ruth Chariton and Micheline Dewdney.
The Fundamentals of Family Mediation by John M. Haynes and Stephanie Charlesworth.
