M Two Years System IV Semester

Specialization: International Trade and Business Laws (ITBL)
Course Title: International Trade and Dispute Settlements
Course Instructors: Professor P.V. Rao

Course Description

The emphasis of this course will be on a wide range of topics such as institutional and
procedural aspects of international Trade and Business dispute settlement mechanism, including
questions of state responsibility and liability for damages; questions of jurisdiction and access to
justice; preliminary objections, provisional measures, representation of parties, third party
intervention, amicus curiae briefs and financial assistance; the various phases in the proceedings,
including the possibility of appellate review; and the implementation and enforcement of
judgements or awards.
This subject examines the law governing the global economic issues, trade disputes between
countries, and investment claims by foreign investors against sovereign states. It is designed
both as a comprehensive introduction and further exploration through special topics in the
curriculum. It begins with a historical and theoretical background to the field of international
trade dispute settlement including close analysis of the WTO dispute settlement system This
provides context for understanding international investment law under bilateral investment
treaties and pursuant to investor–state dispute settlement decisions. Finally, the subject examines
the contemporary issues in the field of dispute settlement such as the comparative advantages of
arbitration and judicial settlement, the role of NGOs in the dispute settlement system of the WTO
the proliferation of international dispute settlement procedures pose a problem to the coherence
of international law . It is hoped that at the end of this course students should be familiar with
the main features of the most important and most frequently used mechanisms for the resolution
of international disputes. It is also expected that they would have acquired an understanding of
the key concepts and methods of international dispute settlement once they comptete the course.
The Syllabus on International Trade and Business Law and Dispute Settlement is divided into
Four Modules.

MODULE III Focuses on the Alternative Dispute Resolution Methods including the Negotiation. Concept and Procedure of International Commercial Arbitration. the Methods of international dispute settlements including the Diplomatic methods that also include the Negotiation. the Success and Failures of GATT Dispute Settlement System. It also deals with the Anti- Dumping Measures. It also deals with the Hybrid Processes of dispute settlement including the Med-Arb. and international . Chapter two deals with history and development of Permanent Court of Arbitration. Inquiray and Fact finding. Expert Determination. The first chapter briefly discusses the Concept and Kinds of Dsipute Settlements. It deals with the Dispute Settlement Under WTO Regime. the Jurisdiction and Contribution of these institutions in the development of various branches of International law. Conciliation and the Mediation. the Arbitration. It also discusses the procedures. Development and role of Intrnational Judicial Instutions in the Development of Dispute Settlements. the Procedure. Subsidies and Countervailing Measures. International insurance disputes. the Basic Element of the Disputes among the Contracting Parties. the Obligation for the peaceful settlement of international disputes. Good Offices and Mediation. international arbitration is also covered. Additionally. MODULE II Focuses on the Dispute Settlement Procedure by GATT and WTO. the Appellate Review and the Implementation and Enforcement. international banking disputes. Conciliation and Legal methods including the Arbitration and Judicial settlement. the Panel. Scope and Application of Article 22 and 23 of GATT-1947. The Main focus of this course is on the WTO and Dispute Settlement procedures. It also intends to analysis the Relevant Case Laws. Services and IPR related cases in the WTO. Mini-trial. Dispute Review Board (WB). the Permanent Court of International Justice and the present International Court of Justice. Finally the chapter highlights the Role of Dispute Settlement in the Development of International Trade.Modules – A Brief Overview: Module I Introduction: The Histrory. especially with respect to investment disputes. MEDALOA – Mediation And Last Offer Arbitration. To that end it begins with the Dispute settlement under GATT Regime. DOCDEX (Documentary Credit Dispute Expertise). the Agreement on Dispute Settlement Understanding. Annexure II of Marrakesh Agreement.

International Transport of Goods.e Online Dispute Resolution. International payments. . With the advent of internet. disputes relating to technology transfer. International Commercial Conciliation. Though cross border disputes and the related issues are as old as international trade itself. Module IV This module will try to provide an in-depth examination of emerging areas of international trade dispute settlement mechanism. faces number of challenges now when applied to a dispute arising out of the transactions done online. Additionally. disputes have increased which raised more complex and more numerous questions of jurisdiction and applicable law. Procurement and Infrastructure Development.maritime disputes. Therefore keeping in mind the changing scenario of international trade and era of E-commerce this module shall emphasize on probing into the new method of resolving e-commerce disputes i. Electronic Commerce. The dispute resolution mechanism which was primarily based on territoriality. various special characteristics of internet based transactions have added new dimensions to the whole issue. cross border relationships also happened and given this fact. we shall also study the work of UNCITRAL on resolving e-commerce disputes. International Sales of Goods and Related Transactions. We shall further study the role of UNCITRAL in dispute settlement by examining the various Model Laws like International Commercial Arbitration.