Course: International Business Dispute Resolution Mechanism Semester: VI

Course Code: LTP Credits:

Objective: To impart knowledge about Importance of International business Dispute Resolution
Mechanism in India and abroad, its limitations and possibility of reforms going forward.

Syllabus

Introduction: 4
Growth, Evolution and Historical development; Objectives; Concept of Alternate Dispute
Resolution in Business Transactions;

ADR Mechanisms: 6
Arbitration, Mediation, Conciliation, Negotiation; Arbitration versus Litigation, Arbitration
Versus Mediation; Types of Arbitration-Institutional and Adhoc arbitration.

Arbitration in India: 6
Aims, Objectives and Meaning of Arbitration; UNCITRAL Model Law; Indian Arbitration and
Conciliation Act, 1996 with the recent development and Amendments; Concepts of International
Commercial Arbitration.

Appointment of Arbitrators: 6
Procedure for Appointment of Arbitrators; Challenging of Arbitrators; Powers and duties of
arbitrators-international and domestic, Removal of arbitrators, Issues relating to unilateral
appointment of arbitrator; Agreement to Arbitrate

Jurisdiction of Arbitral Tribunal: 8

Independence and impartiality of the tribunal; Conduct of Arbitral Proceedings, Doctrine of
competence-Competence; Role national courts in obtaining evidence, Confidentiality,
Corrections, Enforcement of Arbitral Awards; Issues of Public Policy.

Enforcement of Foreign Awards: 6

Meaning and Definition of Foreign Awards under (India) 1996 Act, Enforcement of Foreign
Awards under 1996 Act, Geneva Convention; New York Convention; Delocalise Arbitration.

Online Dispute Resolutions: 5

E-Arbitration, Online Arbitration Agreement, Online Arbitral Award, Regulatory Framework for
Online Dispute Resolution, Means, Confidentiality, Publication of Result of online arbitral
Resolution, Protection of Electronic Communication of Data.

Conciliation under the Act: 3

Meaning and Scope of Conciliation, Appointment of Conciliators, Conduct of Conciliation
Proceedings, Settlement Agreements.
Suggested Readings:
1. Tiwari O.P., The Arbitration and Conciliation Act,2nd Edition, Allahabad Law Agency.
2. Murthy KSR, An introduction to ADR Mechanism, Gogia Law Agency,Hyderabad
3. Singh S.D., Alternate Dispute Resolution,: 2001 Edition. Universal Book Traders,New
Delhi.
4. Kurlwal Anupam Dr., An Introduction to Alternative Dispute Resolution,Central Law
Publications.
5. Malhotra O. P., The Law and Practice of Arbitration and Conciliation, Lexis Nexis
Butterworth.
6. Rao P.C. , Alternate Dispute Resolution, (ed) Universal Book Traders, New Delhi.
7. Tripathi S.C., Arbitration, Conciliation and ADR, Central Law Agency, Allahabad.
8. Singh Avtar, Arbitration and Conciliation, Eastern Law Book House, Lucknow.
9. Singh Avtar, Arbitration and Conciliation and ADR.
10. Rao PC, Alternative Dispute Resolution.
11. Tripathi SC, Arbitration and Conciliation including ADR.
12. 176th law commission Report.
13. 246th Law commission Report.