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Year: 2016

Semester: VIII

1. Name of the Faculty: Ms. Anjali Bhatt


2. Code : LLBL461
3. Course : Arbitration and Conciliation & ADR Mechanism
L: 4
4. Program : B.COM.,LLB. (Hons.) Taxation Laws 2016 T: 0
5. Target : 50% P: 0
C: 4
COURSE PLAN
Target 50% (marks)
Level-1 40% (population)
Level-2 50% (population)
Level-3 60% (population)

1. Method of Evaluation

UG PG
Quizzes/Tests, Assignments (30%) Quizzes/Tests, Assignments, seminar (50%)
Mid Examination (20%) End semester (50%)
End examination (50%)

2. Passing Criteria

Scale PG UG
Out of 10 point scale SGPA – “6.00” in each semester SGPA – “5.0” in each semester
CGPA – “6.00” CGPA – “5.0”
Min. Individual Course Grade  –  Min. Individual Course Grade  – 
“C” “C”
Course Grade  Point –  “4.0” Course Grade  Point –  “4.0”

*for PG, passing marks are 40/100 in a paper


*for UG, passing marks are 35/100 in a paper

3. Pedagogy
Interactive approach during the study (Students are supposed to come prepared for the topics for
discussion in the class/ case studies/ Presentations/ Viva-voce), randomly any student can be
called on the board to solve the problems.

Work in small groups for Group Projects and personalized teaching

(Student counseling, mentoring and individual/group projects/ assignments, exercises using


Solver and excel etc.)

 Chalk and talk


 Case Analysis

4. Pre- Requisite: Knowledge of Contract Law, Civil Procedure Code, Constitution of India,
Legal Language and Limitation Act.
Year: 2016
Semester: VIII

1. Name of the Faculty: Ms. Anjali Bhatt


2. Code : LLBL461
3. Course : Arbitration and Conciliation & ADR Mechanism
L: 4
4. Program : B.COM.,LLB. (Hons.) Taxation Laws 2016 T: 0
5. Target : 50% P: 0
C: 4

5. References:
Text Books Web resources Journals Reference books
Avtar Singh, “Law of Journal Of International
Arbitration and Conciliation”  Westlaw Arbitration Justice RP Sethi,
11th Edition 2007, EBC
Publication.
“Law of
 LexisNexis
All India Arbitration Arbitration and
Dr. N. V Paranjape, “Law Contemporary Asia Law Reporter conciliation”
relating to Arbitration Arbitration Journal, 2008, Ashok Law
Conciliation in India, 7th 2008 - Current World Trade And House.
Edition (Central Law Agency) (HeinOnline) Arbitration Materials.
Bi-Monthly David St John
P.C. Markanda, “Arbitration
Step by step”, 2nd Edition
Indian Sutton, “Russel
(Lexis Nexis) Journal Of Arbitration on Arbitration”,
Law (IJAL) London Sweet &
Asian International Maxwell 2007
Arbitration Journal, 1999
Madhusudan
Saharay,
“Arbitration &
Conciliation with
Aleternative
dispute
Resolution, 2nd
Edition (Universal
law Publishing
Co. Pvt. Ltd.,
2011)

Introductory
Mediation on
Conflict
Management
compiled by Prof.
D.K. Sampath;

Law relating to
Arbitration and
Conciliation by
PC Markanda
Wadhwa and
Year: 2016
Semester: VIII

1. Name of the Faculty: Ms. Anjali Bhatt


2. Code : LLBL461
3. Course : Arbitration and Conciliation & ADR Mechanism
L: 4
4. Program : B.COM.,LLB. (Hons.) Taxation Laws 2016 T: 0
5. Target : 50% P: 0
C: 4
Co. ; 4th ed. 2001

Hand Book of
Arbitration
Practice by
Bernstein Ronold
Sweet and
Maxwell.

GUIDELINES TO STUDY THE SUBJECT


Instructions to Students:

1. Go through the 'Syllabus' in the Black Board section of the web-


site(https://learn.upes.ac.in) in order to find out the Reading List.
2. Get your schedule and try to pace your studies as close to the timeline as possible.
3. Get your on-line lecture notes (Content, videos) at Lecture Notes section.  These are our
lecture notes. Make sure you use them during this course.
4. Check your blackboard regularly
5. Go through study material
6. Check mails and announcements on blackboard
7. Keep updated with the posts, assignments and examinations which shall be conducted on
the blackboard
8. Be regular, so that you do not suffer in any way
9. Cell Phones and other Electronic Communication Devices: Cell phones and other
electronic communication devices (such as Blackberries/Laptops) are not permitted in
classes during Tests or the Mid/Final Examination. Such devices MUST be turned off in
the class room.
10. E-Mail and online learning tool: Each student in the class should have an e-mail id and a
pass word to access the LMS system regularly. Regularly, important information – Date of
conducting class tests, guest lectures, via online learning tool. The best way to arrange
meetings with us or ask specific questions is by email and prior appointment. All the
assignments preferably should be uploaded on online learning tool. Various research
papers/reference material will be mailed/uploaded on online learning platform time to
time.
11. Attendance: Students are required to have minimum attendance of 75% in each subject.
Students with less than said percentage shall NOT be allowed to appear in the end
semester examination.

This much should be enough to get you organized and on your way to having a great semester! If
you need us for anything, send your feedback through e-mail to your concerned faculty. Please
use an appropriate subject line to indicate your message details.
Year: 2016
Semester: VIII

1. Name of the Faculty: Ms. Anjali Bhatt


2. Code : LLBL461
3. Course : Arbitration and Conciliation & ADR Mechanism
L: 4
4. Program : B.COM.,LLB. (Hons.) Taxation Laws 2016 T: 0
5. Target : 50% P: 0
C: 4
There will no doubt be many more activities in the coming weeks. So, to keep up to date with all
the latest developments, please keep visiting this website regularly.
Year: 2016
Semester: VIII

6. Name of the Faculty: Ms. Anjali Bhatt


7. Code : LLBL461
8. Course : Arbitration and Conciliation & ADR Mechanism
L: 4
9. Program : B.COM.,LLB. (Hons.) Taxation Laws 2016 T: 0
10. Target : 50% P: 0
C: 4
RELATED OUTCOMES

A. Objectives:

Learning Outcomes:
 The students will be able to understand and explain the nature, scope, importance and
basic principles of alternative dispute resolution laws in India with current developments.
 The students will be able to analyze the social, historical, constitutional and legal
developments on alternative dispute resolution laws in India vis-a-vis international
developments in the field.
 The students will be able to comprehend and appreciate the applicable legal regime
specifically legislated for alternative dispute resolution in India.
 The students will be able to appreciate the structure, functioning and jurisprudence of
Arbitral Tribunals in India.
 The students will be able to able to critically evaluate and formulate arguments (oral and
written) towards pressing issues and contemporary developments in alternative dispute
resolution laws and policy.

1. The expected outcomes of the Program are:

PO1 Students will demonstrate conceptual knowledge in core areas of law

PO2 Students will effectively apply their learnings to practical legal issues

PO3 Students will be able to exhibit effective law professional skills, employing oral
and written communication, legal research, analysis, rationalization and critical-
thinking

PO4 Students will demonstrate ability to evolve alternative solutions from dynamic
socio-economic and techno-legal perspectives

PO5 Students will demonstrate desirable qualities to be employable in the relevant


market

PO6 Students will show sensitivity towards ethical, moral and social issues arising in
their professional career
Year: 2016
Semester: VIII

6. Name of the Faculty: Ms. Anjali Bhatt


7. Code : LLBL461
8. Course : Arbitration and Conciliation & ADR Mechanism
L: 4
9. Program : B.COM.,LLB. (Hons.) Taxation Laws 2016 T: 0
10. Target : 50% P: 0
C: 4
PO7 Students will exhibit commitment, teambuilding, networking, leadership and
lifelong learning skills to excel in legal world

2. The expected outcomes of the Specific Program are: (upto3)

PSO1 Students will be able to demonstrate conceptual knowledge in core areas of


commerce.
PSO2 Students will be able to demonstrate integrated knowledge of legal principles and
commerce.
PSO3 Students will be able to exhibit skills in practices and procedures of Taxation Law.

3. The expected outcomes of the Course are: (minimum 3 and maximum 6)

The students will be able to conceptually understand, appreciate and develop a


CO 1
jurisprudential understanding of the legal concepts related to ADR.
The students will be able to critically analyze various legal provisions, and to
CO 2
identify how these relate to each other in the broader history of thought
The students will be able to identify, explain, distinguish the diverse origins and
various conceptualizations of law and develop a keen sense of objectivity while
CO 3
dealing with various laws and will be able to relate it with civil judicial
administration.
The students will be able to put in practice the acquired knowledge, procedural and
CO 4 practical aspects of law and will use logical, analytical and decision-making
ability to deal with challenges of administration of justice.

4. Co-Relationship Matrix
Indicate the relationships by1- Slight (low) 2- Moderate (Medium) 3-Substantial (high)

Program PO PO PO PO PO PO PO PSO PSO


Outcome 1 2 3 4 5 6 7 1 2
s PSO
3
Year: 2016
Semester: VIII

6. Name of the Faculty: Ms. Anjali Bhatt


7. Code : LLBL461
8. Course : Arbitration and Conciliation & ADR Mechanism
L: 4
9. Program : B.COM.,LLB. (Hons.) Taxation Laws 2016 T: 0
10. Target : 50% P: 0
C: 4
Course
Outcome
s
CO 1 3 1 1 2 2 1 1 3 2 1

CO 2 1 2 1 2 1 1 2 1 2 3

CO3 1 3 2 2 3 3 2 1 2 2

CO4 2 2 3 3 2 2 3 2 1 3

1.7 2 1.7 2.2 1.7 1.75 1.75 2.25


Average 2 2
5 5 5 5

5. Course outcomes assessment plan:

components
Mid End
Course Assignment Test/Quiz Any other
Outcomes Semester Semester

CO 1 √ √ √ √
CO 2 √ √ √ √
CO 3 √ √ √
CO 4 √ √ √

BROAD PLAN OF COURSE COVERAGE


Course Activities:
Year: 2016
Semester: VIII

6. Name of the Faculty: Ms. Anjali Bhatt


7. Code : LLBL461
8. Course : Arbitration and Conciliation & ADR Mechanism
L: 4
9. Program : B.COM.,LLB. (Hons.) Taxation Laws 2016 T: 0
10. Target : 50% P: 0
C: 4
Planned
S.
Description No. of Remarks
No. From To
Sessions
Introduction to Arbitration
And Conciliation Act, 1996
Arbitration- Meaning,
Features of Arbitration and
Conciliation Act, 1996,
Effect of the Supreme Court
Decision in BALCO Case
Proposal for amendments in
Arbitration and Conciliation
1. Act 1996, 1 6 6
Major changes introduced by
Arbitration and Conciliation
(Amendment Act 2015)
The Arbitration and
Conciliation (Amendment)
Act 2019- Key Highlights,
Arbitration vis-à-vis ADRs
International Perspective-
Conciliation

2. The Arbitration 7 12 6
Agreement
Arbitration Agreement-
Arbitration Agreement to be
in writing, Extension of
Arbitration contract on
phone held valid
Arbitration Agreement to be
signed by the parties,
Governments Contracts and
Arbitration Clause, Validity
of Arbitration Agreement
Year: 2016
Semester: VIII

6. Name of the Faculty: Ms. Anjali Bhatt


7. Code : LLBL461
8. Course : Arbitration and Conciliation & ADR Mechanism
L: 4
9. Program : B.COM.,LLB. (Hons.) Taxation Laws 2016 T: 0
10. Target : 50% P: 0
C: 4
Containing pre-deposit of
cost clause
Mutuality, Survival of
arbitration agreement,
Disputes or cases which
cannot be settled through
Arbitration
Power to refer parties to
arbitration where there is an
Arbitration Agreement - No
stay on Bank Guarantee,
Any person claiming through
or under the plaintiff,
Judicial authority shall refer
the parties to Arbitration
Stay of legal proceedings
may be refused, Disposal of
Stay-application. Concurrent
proceedings on a Court of
law and Arbitral Tribunal,
Filing Civil Suit without
resort to Arbitration,
Reference to Arbitration in
the absence of Arbitration
Agreement
Interim measure etc. by
court- Court cannot order
stay of arbitral Proceedings,
Interim Injunction as an
Interim Measures,
Difference between Section
9 and Section 17 of the Act
3. Composition And 13 18 6
Jurisdiction Of Arbitral
Tribunal
Year: 2016
Semester: VIII

6. Name of the Faculty: Ms. Anjali Bhatt


7. Code : LLBL461
8. Course : Arbitration and Conciliation & ADR Mechanism
L: 4
9. Program : B.COM.,LLB. (Hons.) Taxation Laws 2016 T: 0
10. Target : 50% P: 0
C: 4

Number of Arbitrators,
Appointment of Arbitrators,
Power of Central
Government to amend
Fourth Schedule
Grounds for challenge,
Challenge Procedure,
Failure or impossibility to
act Termination of mandate
and substitution of arbitrator
Challenge to jurisdiction of
Arbitrator, Duties of
Arbitrator
Competence of arbitral
tribunal to rule on its
jurisdiction
Interim measures ordered by
arbitral tribunal
4. Conduct Of Arbitral 19 22 4
Proceedings

Equal treatment of parties,


Determination of rules of
procedure
Place of Arbitration,
Commencement of Arbitral
Proceedings
Language, Statement of
Claim and defence, Hearings
and written proceedings,
Default of a party
Year: 2016
Semester: VIII

6. Name of the Faculty: Ms. Anjali Bhatt


7. Code : LLBL461
8. Course : Arbitration and Conciliation & ADR Mechanism
L: 4
9. Program : B.COM.,LLB. (Hons.) Taxation Laws 2016 T: 0
10. Target : 50% P: 0
C: 4
Expert appointment by
Arbitral Tribunal, Court
assistance in taking evidence

Making Of Arbitral Award


And Termination Of
Proceedings
Rules applicable to
substance of dispute,
Decision making by panel of
Arbitrators, Time Limit of
Arbitral Award
Fast Track Procedure, 23 26 4
5.
Settlement, Forms and
Contents of Arbitral Award
Regime for Costs,
Termination of Proceedings
Correction and Interpretation
of Award

6. Recourse Against Arbitral 27 34 8


Award, Enforcement Of
Award And Appeal Etc
Application for setting aside
arbitral award- Invalidity of
Agreement, Want of Notice,
Limited powers of Courts,
Dispute not arbitrable
Which court has jurisdiction
to set aside an award?
Year: 2016
Semester: VIII

6. Name of the Faculty: Ms. Anjali Bhatt


7. Code : LLBL461
8. Course : Arbitration and Conciliation & ADR Mechanism
L: 4
9. Program : B.COM.,LLB. (Hons.) Taxation Laws 2016 T: 0
10. Target : 50% P: 0
C: 4
Misconduct of Arbitrator or
proceedings, Non-
compliance with Arbitral
Procedure
Setting aside of award- on
the ground of improper
composition of the arbitral
tribunal
Period of limitation from
setting aside of Arbitral
Award, Exclusion of time
when petitioner bonafide and
diligently pursues remedy
before a wrong court
Consequences of an Award
being set aside, Arbitrator
Evidence as a witness
Finality of Arbitral Awards,
Enforcement- Execution of
Award against government,
Award given teeth, Section
36 applies only to the
enforcement of Indian
Award
Appeal Orders- against
Interim measures, review or
revision of an award
No second Appeal,
distinction between appeal
and an application, Forum
and Place of Appeal, Rules,
Limitation for Appeals,
Cross Appeal

7. Enforcement Of Certain 35 38 4
Foreign Awards
Year: 2016
Semester: VIII

6. Name of the Faculty: Ms. Anjali Bhatt


7. Code : LLBL461
8. Course : Arbitration and Conciliation & ADR Mechanism
L: 4
9. Program : B.COM.,LLB. (Hons.) Taxation Laws 2016 T: 0
10. Target : 50% P: 0
C: 4

Introduction
Choice of place of
Arbitration and law
applicable there to, Foreign
Award
New York Convention
Awards-Definition, power of
judicial authority to refer
parties to arbitration, when
foreign award binding,
evidence, Enforcement of
foreign awards and
conditions, Appealable
Orders, Saving, Chapter II
not to apply (Geneva
Convention Awards)
Geneva Convention Awards-
Interpretation, power of
judicial authority to refer
parties to arbitration, foreign
awards when binding,
Evidence, Conditions for
enforcement of foreign
awards, Appealable Orders,
Savings
8. Alternative Dispute 39 48 10
Redressal
Concept, Origin, Definition
and Scope, Legislative
Recognition, Justice
Malimath Committee
Report, Constitutional
Background
Arbitration, Conciliation,
Year: 2016
Semester: VIII

6. Name of the Faculty: Ms. Anjali Bhatt


7. Code : LLBL461
8. Course : Arbitration and Conciliation & ADR Mechanism
L: 4
9. Program : B.COM.,LLB. (Hons.) Taxation Laws 2016 T: 0
10. Target : 50% P: 0
C: 4
Lok Adalats – Concept,
Types of Cases, Resources
and achievements,
Organization,
Authorities, Jurisdiction,
Cognizance of cases,
Cognizance of application or
agreement
Return to Court on failure of
Lok Adalats, Awards,
Awards to be decree
Refund of Court Fee,
Finality of Orders, Powers,
Functioning. Others Forms
of Lok Adalats
The Family Courts Act of
1984, Policy considerations
and national perspective,
Court Fees Act, 1870,
Negotiations, Settlement
through ADR
Accord and Satisfaction
Mediation – Meaning, Basic
rules, Selecting Mediator,
mediation and hybrid
processes
Mediation and arbitration,
Benefits of Mediation

Sessions: Total No. of Instructional periods available for the course


Year: 2016
Semester: VIII

11. Name of the Faculty: Ms. Anjali Bhatt


12. Code : LLBL461
13. Course : Arbitration and Conciliation & ADR Mechanism
L: 4
14. Program : B.COM.,LLB. (Hons.) Taxation Laws 2016 T: 0
15. Target : 50% P: 0
C: 4
SESSION PLAN
UNIT-I
ARBITRATION AND CONCILIATION ACT, 1996
Lect CO
ure Mapp
No. Topics to be Covered ed
Arbitration- Meaning, Features of Arbitration and Conciliation Act, 1996,

1.  CO1
Effect of the Supreme Court Decision in BALCO Case

2.  CO3
Proposal for amendments in Arbitration and Conciliation Act 1996,

3. CO3
Major changes introduced by Arbitration and Conciliation (Amendment Act
2015)
4. CO2
The Arbitration and Conciliation (Amendment) Act 2019- Key Highlights,
Arbitration vis-à-vis ADRs
5. CO2

International Perspective- Conciliation


6. CO1
Year: 2016
Semester: VIII

11. Name of the Faculty: Ms. Anjali Bhatt


12. Code : LLBL461
13. Course : Arbitration and Conciliation & ADR Mechanism
L: 4
14. Program : B.COM.,LLB. (Hons.) Taxation Laws 2016 T: 0
15. Target : 50% P: 0
C: 4

SESSION PLAN
UNIT-II
THE ARBITRATION AGREEMENT
CO
Lectu Map
re No. Topics to be Covered ped

Arbitration Agreement- Arbitration Agreement to be in writing,


7. Extension of Arbitration contract on phone held valid  CO4
Arbitration Agreement to be signed by the parties, Governments Contracts and
Arbitration Clause, Validity of Arbitration Agreement Containing
pre-deposit of cost clause
8.  CO3
Mutuality, Survival of arbitration agreement, Disputes or cases which cannot
be settled through Arbitration
9.  CO2
Power to refer parties to arbitration where there is an Arbitration Agreement -
No stay on Bank Guarantee,
Any person claiming through or under the plaintiff, Judicial authority shall
refer the parties to Arbitration
10.  CO4
Stay of legal proceedings may be refused, Disposal of Stay-application.
Concurrent
proceedings on a Court of law and Arbitral Tribunal,
Filing Civil Suit without resort to Arbitration, Reference to Arbitration in the
absence of Arbitration Agreement
11.  CO4
12. Interim measure etc. by court- Court cannot order stay of arbitral  CO3
Proceedings,
Interim Injunction as an Interim Measures, Difference between Section 9
and Section 17 of the Act
Year: 2016
Semester: VIII

11. Name of the Faculty: Ms. Anjali Bhatt


12. Code : LLBL461
13. Course : Arbitration and Conciliation & ADR Mechanism
L: 4
14. Program : B.COM.,LLB. (Hons.) Taxation Laws 2016 T: 0
15. Target : 50% P: 0
C: 4

SESSION PLAN
UNIT-III
COMPOSITION AND JURISDICTION OF ARBITRAL
TRIBUNAL
CO
Lecture Mapp
No. Topics to be Covered ed

Number of Arbitrators, Appointment of Arbitrators, Power of Central


Government to
amend Fourth Schedule
13.  CO2

Grounds for challenge, Challenge Procedure,


14.  CO4
Failure or impossibility to act Termination of mandate and substitution of
arbitrator
15.  CO3

Challenge to jurisdiction of Arbitrator, Duties of Arbitrator


16. CO4
Year: 2016
Semester: VIII

11. Name of the Faculty: Ms. Anjali Bhatt


12. Code : LLBL461
13. Course : Arbitration and Conciliation & ADR Mechanism
L: 4
14. Program : B.COM.,LLB. (Hons.) Taxation Laws 2016 T: 0
15. Target : 50% P: 0
C: 4

Competence of arbitral tribunal to rule on its jurisdiction


17. CO1

Interim measures ordered by arbitral tribunal

18. CO3

SESSION PLAN
UNIT-IV
CONDUCT OF ARBITRAL PROCEEDINGS
Lectu CO
re Mapp
No. Topics to be Covered ed

Equal treatment of parties, Determination of rules of procedure


19.  CO1

Place of Arbitration, Commencement of Arbitral Proceedings


20.  C02
Language, Statement of Claim and defence, Hearings and written
proceedings, Default of a party
21.  CO3

Expert appointment by Arbitral Tribunal, Court assistance in taking evidence


22. CO4
Year: 2016
Semester: VIII

11. Name of the Faculty: Ms. Anjali Bhatt


12. Code : LLBL461
13. Course : Arbitration and Conciliation & ADR Mechanism
L: 4
14. Program : B.COM.,LLB. (Hons.) Taxation Laws 2016 T: 0
15. Target : 50% P: 0
C: 4

Equal treatment of parties, Determination of rules of procedure


23. CO4
Year: 2016
Semester: VIII

11. Name of the Faculty: Ms. Anjali Bhatt


12. Code : LLBL461
13. Course : Arbitration and Conciliation & ADR Mechanism
L: 4
14. Program : B.COM.,LLB. (Hons.) Taxation Laws 2016 T: 0
15. Target : 50% P: 0
C: 4
SESSION PLAN
UNIT-V
MAKING OF ARBITRAL AWARD AND TERMINATION OF
PROCEEDINGS
CO
Lectur Mappe
e No. Topics to be Covered d
Rules applicable to substance of dispute, Decision making by panel of
Arbitrators,
Time Limit of Arbitral Award
24.  CO4

Fast Track Procedure, Settlement, Forms and Contents of Arbitral Award

25.  CO1

Regime for Costs, Termination of Proceedings

26.  CO2

Correction and Interpretation of Award

27.  CO3
Year: 2016
Semester: VIII

11. Name of the Faculty: Ms. Anjali Bhatt


12. Code : LLBL461
13. Course : Arbitration and Conciliation & ADR Mechanism
L: 4
14. Program : B.COM.,LLB. (Hons.) Taxation Laws 2016 T: 0
15. Target : 50% P: 0
C: 4
SESSION PLAN
UNIT-VI
RECOURSE AGAINST ARBITRAL AWARD, ENFORCEMENT
OF AWARD AND APPEAL ETC.
Lectu CO
re Mapp
No. Topics to be Covered ed
Application for setting aside arbitral award- Invalidity of
Agreement, Want of Notice, Limited powers of Courts, Dispute not arbitrable
28.  CO4
Which court has jurisdiction to set aside an award? Misconduct
of Arbitrator or proceedings, Non-compliance with Arbitral Procedure
29.  CO4
Setting aside of award- on the ground of improper composition of the arbitral
tribunal
30. CO3
Period of limitation from setting aside of Arbitral Award, Exclusion of time
when
petitioner bonafide and diligently pursues remedy before a wrong court
31. CO2

Consequences of an Award being set aside, Arbitrator Evidence as a witness


32. CO2
Finality of Arbitral Awards, Enforcement- Execution of Award against
government
, Award given teeth, Section 36 applies only to the enforcement of Indian
33. Award CO3
Year: 2016
Semester: VIII

11. Name of the Faculty: Ms. Anjali Bhatt


12. Code : LLBL461
13. Course : Arbitration and Conciliation & ADR Mechanism
L: 4
14. Program : B.COM.,LLB. (Hons.) Taxation Laws 2016 T: 0
15. Target : 50% P: 0
C: 4
SESSION PLAN
UNIT-VII
ENFORCEMENT OF CERTAIN FOREIGN AWARDS
Lect
ure CO
No. Topics to be Covered Mapped

Introduction
34.  CO1
Choice of place of Arbitration and law applicable there to, Foreign
Award
35.  CO2
 New York Convention Awards-Definition, power of judicial authority to
refer
parties to arbitration, when foreign award binding, evidence,
Enforcement of
foreign awards and conditions, Appealable Orders, Saving, Chapter II
not to apply
36. (Geneva Convention Awards)  CO2
 Geneva Convention Awards- Interpretation, power of judicial
authority to refer parties to arbitration,
foreign awards when binding, Evidence, Conditions for enforcement of
foreign awards,
37. Appealable Orders, Savings  CO2
Year: 2016
Semester: VIII

11. Name of the Faculty: Ms. Anjali Bhatt


12. Code : LLBL461
13. Course : Arbitration and Conciliation & ADR Mechanism
L: 4
14. Program : B.COM.,LLB. (Hons.) Taxation Laws 2016 T: 0
15. Target : 50% P: 0
C: 4
SESSION PLAN
UNIT-VIII
ALTERNATIVE DISPUTE REDRESSAL
CO
Lectu Mapp
re No. Topics to be Covered ed

Concept, Origin, Definition and Scope, Legislative Recognition,


Justice Malimath Committee Report,
38. Constitutional Background  CO1
Arbitration, Conciliation, Lok Adalats – Concept, Types of Cases,
Resources and achievements, Organization,
39.  CO1
Authorities, Jurisdiction, Cognizance of cases, Cognizance of application or
agreement
40.  CO4

Return to Court on failure of Lok Adalats, Awards, Awards to be decree


41.  CO3

Refund of Court Fee, Finality of Orders, Powers, Functioning. Others Forms


of Lok Adalats
42.  CO2

The Family Courts Act of 1984, Policy considerations and national


perspective,
43.  CO1

Court Fees Act, 1870, Negotiations, Settlement through ADR


44. CO2

Accord and Satisfaction


45. CO1
Year: 2016
Semester: VIII

11. Name of the Faculty: Ms. Anjali Bhatt


12. Code : LLBL461
13. Course : Arbitration and Conciliation & ADR Mechanism
L: 4
14. Program : B.COM.,LLB. (Hons.) Taxation Laws 2016 T: 0
15. Target : 50% P: 0
C: 4

Mediation – Meaning, Basic rules, Selecting Mediator, mediation and hybrid


processes
46. CO1

Mediation and arbitration, Benefits of Mediation


47. CO2

Doubts Solving session


48. CO2

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