Course Title: Arbitration & Alternate Dispute Resolution

Course Contents/Syllabus:
Weightage (%)
Module-I: An Overview of National and International Initiatives 20%

Introduction: Alternative Dispute Resolution (ADR): Concept and need, An overview of: National
and International initiatives in India, ICC, UNCITRAL, ICSID.
Arbitration and Conciliation Act, 1996
General Provisions, Definitions, receipt of written communications, waiver of right to object, extent of
Judicial Intervention, Administrative Assistance, Arbitration Agreement, power to refer parties to
arbitration where there is an arbitration agreement, Interim measures by court.
Module-II Composition of Arbitral Tribunal 20%

Composition, Jurisdiction, Conduct of Arbitral Proceedings, Settlement, form and contents of

contents of arbitral award, termination of proceedings, correction and interpretation of awards,
additional award.
Module –III Recourse against Arbitral Award 20%

Application for setting aside Arbitral Award, Finality and enforcement of Arbitral Award,
appealable orders, Miscellaneous, Deposits, Lien on Arbitral Award and Deposits as to costs,
Arbitration agreement not to be discharged by death of party thereof, Provisions in case of insolvency,
Jurisdiction, Limitations, Enforcement of certain Foreign Awards
Module –IV Techniques of ADR 20%

Negotiation / Consultation, Mediation, Good offices, Conciliation: Nature, Scope and Methods. Legal
Services: Meaning and scope in Legal Aid and Advice, Lok Adalats-nature, scope, procedure and
functioning.
Module V - ADR and different types of Dispute 20%

Application of ADR methods (except Arbitration and Conciliation) in different types of disputes:
Commercial, and Financial Disputes; Family and Matrimonial Disputes; Labour and Industrial
Disputes; Consumer Disputes; Accidents Claims
 20%
Module-I Introduction to Corporate Governance

 Corporate Governance: Meaning& Importance

 Evolution of Corporate Governance
 Principles of Corporate Governance
 Theories of Corporate Governance
 The role and purpose of the corporation
 Globalization and Corporate Governance

Module II: Corporate and Board Management 25%

 Board of Directors –Composition, Role, Systems and Procedures, Board Meetings

 Directors including Nominee Director, Shareholders Director & Independent Directors
 Fiduciary relationship
 Criminal liability of Directors, Mis-feasance, Mal Feasance & Non-Feasance
 Rights, Duties and Responsibilities of Directors; Role of Directors and other Managerial Persons including
Executives.

Module III: Insolvency & Impact on Corporate Governance 20%

 Insolvency & Bankruptcy Board
 Compliances and Penalties under Insolvency & bankruptcy Code,2016
 Controlling the Behavior of Stake Holders: like Corporate Debtor, Operative / Financial Creditor, Resolution
Professional, Resolution Plan
 Adjudicating Authorities for Corporate Persons.
 Offences & penalties under Chapter VII of Code

Module –IV: Corporate Governance and Corporate Responsibility 15%

 Corporate social responsibilities: Global & Indian Perspective
 Whistleblowers Protection
 Corporate environmental responsibility

Module-V: Legal and Regulatory Framework of Corporate Governance 20%

 Multifarious Regulatory Framework: ROC & Tribunal under Companies Law
 Competition Commission /Tribunal
 SEBI & its Report on Corporate Governance
 Compliances under various Laws including Competition Laws, SEBI Laws, Taxation Laws, Money Laundering
Laws
 Disclosure of information mandated by Law & consequence for non-compliance including penalties thereto
FM

25%
Module-I An overview of Financial System

- Constituents of Financial system

- Significance of Financial system
- Development and Growth of Financial and Market in India
- Regulatory Authorities Governing Financial Market

Module II: SEBI (Securities Exchange Board of India) 25%

Regulatory and judicial perspective pertaining to:

1. Securities and Exchange Board of India (Stock Brokers and Sub-Brokers) Regulations, 1992
2. Securities and Exchange Board of India (Prohibition of Fraudulent and Unfair Trade Practices relating to Securities
Market) Regulations, 2003
3. Securities and Exchange Board of India (Prohibition of Insider Trading) Regulations, 2015
4. Securities and Exchange Board of India (Mutual Funds) Regulations, 1996
5. Securities and Exchange Board of India (Venture Capital Funds) Regulations 1996
6. Securities and Exchange Board of India (Foreign Institutional Investors ) Regulations, 1995
7. Securities and Exchange Board of India (Buy-back of Securities) Regulations, 2018
Module III: Capital Market and Money Market 25%

Meaning & Significance

Capital Market Instruments

Money Market Instruments

Capital Market vis-à-vis Money Market

Formation and Regulation of NBFCs

 Module –IV Competition & FEMA Laws 25%
Competition Act, 2002 , Aims, Objectives, Prohibition of Certain Agreements, Abuse of Dominant Position and
Regulation of Combinations and Penalties”
Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 2011
CCI (Procedure in regard to the transaction of Business relating to Combinations) Regulations, 2011
CCI (Manner of Recovery of Monetary Penalty) Regulations, 2011
CCI (General) Regulations, 2009”
FEMA(Foreign Exchange Management Act): Aims, Objectives, Definitions, Regulations regarding Foreign Currency,
Offences and Penalties.

LPD
Module I Understanding Law, Poverty and Development    (International Conventions and UN Plan need to be 25 %
taught with relevant topics)                                          
 Law- Meaning and Relationship between law poverty and development.

Poverty- Concept of poverty and Poor Types, Issues, Dimensions, Poverty Line and BPL, Government Schemes to
Control Poverty and Support Development, Niti Ayog and It’s Recommendation, International Dimensions of Poverty

Development- meaning, Features, indicators, development index.

Economic Plan on Poverty, Hunger, and Malnutrition.

Module II: Constitutional Guarantees for the Poor                                  25%

(International Conventions and UN Plan need to be taught with relevant topics)                                          
Right to Equality, Constitutional, Judicial and Legislative efforts towards:
 Right to Food
 Right to Work
 Right to Housing
Denial of Right to Livelihood, Abolition of Untouchability, Poverty & Judicial Review
Equal pay for equal work, Right to Education, Right to Dignity.

Module III: Criminal Justice System and the Poor   25%

(International Conventions and UN Plan need to be taught with relevant
topics)                                                                          

Treatment of Police towards Poor, Problems of Poor Under trials, Right to Free Legal Aid and Lok Adalat. Justice,
Poverty, and Pandemic

Module IV: Conceptualizing and Defining Impoverishment (International Conventions and UN Plan need to be 25%
taught with relevant topics)                                          

Concept of Impoverishment,
Position of Women in Indian Legal System, Women Workers - organized and unorganized sectors, Migrant Worker
Crisis: Rights and Government Polices
Children – Issues and Legal Protections, Rights of The Disabled in India

ETHICS
Module I: History of the Legal Profession in India 25
Historical introduction to legal profession in India – Barristers, Vakils, High Court Pleaders, Advocates, etc. The All
 India Bar Committee, 1951 and the passing of Indian Advocates Act, 1961. The Advocates Act 1961: Definitions
Section 2, Constitution and function of State Bar Councils, Bar Council of India, Terms of Office, various sub-
committees including Disciplinary Committee and the qualification for their membership. Power to make rules
Sections 3 to 15 – Chapter –II.

Module II: The Advocate’s Act, 1961 20

 
The Advocate Act, 1961.Admission and enrolment of Advocate – Senior and other Advocates,
Common role of Advocates, Qualifications and Disqualifications for enrolment and procedure thereof, Chapter – III
Section 16 to 28. Rights to Practice: Monopoly of representation, Exclusion of advocates from certain cases, self-
representation by litigants. Chapter IV Secs. 29 to 34. Professional and other misconduct, Principles for determining
misconduct, Disciplinary Committees of State Bar Council and the Bar Council of India, Punishment of advocates for
misconduct, Appeals to the Supreme Court, Chapter – V – Secs. 35 to 44.
Supreme Court Rules 1966
i. Advocates and their Course of Conduct
ii. Role of Single Judge and Registrar of the Supreme Court
iii. Types of Petition Entertained by the Supreme Court, Writ petition, Election Petition

Module III: Legal Profession 20

Nature of Legal Profession, Need for an Ethical Code of Rights: privileges and duties of Advocates, Preparation of a
case and fees of an Advocate, under – cutting, Bar against soliciting work and advertisement, Bar against touting,
refusal of briefs, accountability to the client, confidentiality between an Advocate to compromise, Study of code of
Ethics prepared by the Bar Council of India. Duty of an advocate towards the Court, Client, Opponent, along with the
Duty towards the society of advocate.
Client Counselling
Module IV: Contempt of Courts Act, 1971 20
Contempt of Courts Act, 1971, What is Contempt? Civil and criminal contempt, punishment for contempt.
Procedures in contempt cases. High Court Rules and the Supreme Court Rules to regulate contempt proceedings.

Module V: Impact of Globalization on Legal Services in India in Recent Times 15

Impact of Globalization on legal profession in India, Legal outsourcing in India, Role of advocate in providing legal aid
services, Advocate's role in outside court/informal settlement of disputes

IPR
Module I Introduction to Intellectual Property Rights
 Concept of Property: Tangible and Intangible Property;
  Intellectual Property: Origin, Development and Relevance: National and International perspectives
 Classification of Intellectual Property: Industrial and Copyright
 Justification of Intellectual Property 20%
 Development of sui generis systems in IP
 National IPR Policy

Module II Patent Law

 Nature, Definition and Scope of Patent Law;
 Types of Patent – Product and process patents
 Patentable and Non-Patentable Inventions
 Criteria for Patent: Novelty, Inventive Step, Industrial Applicability, Written Description and Best Mode; 20%
 Patent Claims and Specification;
 Overview of Patent Procedure
 Infringement of Patents;
 Remedies
 Compulsory Licenses;

Module III Copyright and Related Rights

 Nature, Scope and Development of Copyright;
 Conditions for Grant of Copyright: Originality, Expression, Fixation
 Copyright Protection to Computer Database and Software and Digital Copyright;
 Assignment 20%
 Licensing: Types and Revocation
 Extent of Rights and Exceptions to Copyright Protection;
 Moral Rights;
 Neighbouring Rights;
 Infringement, Penalties and Remedies.
Module IV: Trade Marks
 Nature, Concept and Scope of Trade Marks;
 Subject Matter of Trade Marks
 Types of Trade Marks
 Overview of Trade Mark Registration and Rights Conferred
 Exploitation of Trademarks: Assignment, Transmission and Licensing 20%
 Infringement and Passing-off;
 Penalties and Remedies;
 Withdrawal of Registration;

Module V: Plant Varieties Protection & Geographical Indication and Designs Act
 Plant Varieties Protection Act, 2000: Objectives and Rationale; Criteria of protection, Rights Conferred,
Exclusions, Compulsory License;
 Overview of Geographical Indications of Goods (Registration and Protection) Act, 1999: Objectives and 20%
Rationale; Rights conferred;
 Designs Act, 2000: Overview of the Act; Objective; Conditions for Grant of Protection; Rights Conferred,
Exceptions.