L T P C

SLAW 407 ALTERNATE DISPUTE RESOLUTION

3 1 - 4
Course Objective: The objective of this course is to impart to the students an understanding of
the concept of alternate methods of resolving disputes. It focuses on an analytical study of
arbitration law and practice in India.

UNIT I
Meaning, Nature and Genesis of Alternative Dispute Resolution; Forms of ADR Mechanism;
Disputes - kinds of disputes - Justiciable dispute- Dispute Resolution in adversary system; Legal
Aid – constitutional provisions, criteria for free legal aid and case laws; the Legal Services
Authorities Act, 1987 - Lok Adalats and Permanent Lok Adalat-nature, scope, procedure and
functioning; National and State Legal Services Authority; Role of Gram Nyayalaya and Nyaya
Panchayat in ADR.

UNIT II
Kinds of arbitration, the Arbitration and Conciliation Act, 1996: Definitions, Arbitration
Agreement (S. 7), Power of Court to refer Parties to Arbitration (S.8), Interim Measures (S.9),
Composition of Arbitral Tribunal (Ss. 10-15), Extent of Judicial Intervention, Jurisdiction of
Arbitral Tribunal (Ss 16-17).

UNIT III
The Arbitration and Conciliation Act, 1996: Conduct of Arbitral Proceedings (Ss 18-27), Making
of Arbitral Award and Termination of Proceedings (Ss. 28-33), Recourse against Arbitral Award
(S. 34), Finality and Enforcement of Arbitral Awards (Ss. 35-36), Appeals (S. 37), Jurisdiction
(S. 42), Limitations (S. 43).

Amendment Act, 2015 of the Arbitration and Conciliation Act, 1996

UNIT IV
The Arbitration and Conciliation Act, 1996: International Commercial Arbitration, Enforcement
of Foreign Award and Jurisdictional Issues: New-York and Geneva Convention, Conciliation
and its Mechanism: Nature, Scope and Roles of Conciliators, Parties, Lawyers
Negotiation, Mediation, Good Offices

PRESCRIBED LEGISLATIONS:
The Arbitration and Conciliation Act, 1996.
The Legal Services Authority Act, 1987.

TEXT BOOK
Avtar Singh, Law of Arbitration and Conciliation, EBC

REFERENCE BOOKS
1. Anirudh Wadhwa and Anirudh Krishnan (Eds.), R.S. Bachawat’s Law of Arbitration and
Conciliation, Lexis Nexis Butterworths Wadhwa, Nagpur.
2. Anupam Kurlwal, An Introduction to Alternative Dispute Resolution,
Central Law Publications, 3rd Ed., 2017.
3. P. C. Rao and William Sheffield, Alternative Dispute Resolution, Universal Law
Publishing Company Pvt. Ltd., Delhi.
4. P.C. Markanda, Law relating to Arbitration and Conciliation, Wadhwa and Company,
Nagpur
5. Davit St. John Sutton, Judith Gill, Mathew Gearing (Eds.), Russel on Arbitration, Sweet
and Maxwell.