X Sem CC

COURSE CURRICULUM
SESSION 2021-2022
W I N T E R S E M E S T E R : JA N UA RY – M AY 2 02 2
U.G . SE M E ST E R - X
NATIONAL LAW UNIVERSIT Y, JODHPUR
Course Coordinator: Dr. KRANTI KAPOOR

TABLE OF CONTENTS
S.NO. TITLE ANNEXURE NO.
1 Academic Calendar Annexure-I
Student’s Corner:
2 Attendance Chart Annexure-II

Continuous Assessment Chart
3 List of Subjects Annexure-III

ANNEXURE -I
ACADEMIC CALENDAR 2021-22

Winter Semester (January 2022 – June 2022)
S. No. Event Date Day

1. Reporting by the Faculty Members December 27, 2021 Monday
2. Commencement of classes (Online) January 10, 2022 Monday
3. Last Teaching day April 29, 2022 Friday
4. Notification of Attendance May 04, 2022 Wednesday
5. CLAT-2022 Examination (Tentative May 08, 2022 Sunday
Date)
6. Commencement of End-term May 5, 2022 Thursday
Examinations
7. Last day of End-Term Examinations May 16, 2022 Monday
8. Last day of submission of Results May 21, 2022 Saturday
9. Last Working Day for Faculty Members May 21, 2022 Saturday
10. Reporting by the Faculty Member for June 29, 2022 Wednesday
next semester
11. Repeat/Improvement Examination June 24, 2022 Friday
12. Commencement of classes July 4, 2022 Monday
13. List of Holidays
14. Republic Day January 26, 2022 Wednesday
15. Holi March 17-18, 2022 Thursday &
Friday
16. Idul Fitr (Subject to appearance of May 3, 2022 Tuesday
moon)
ANNEXURE -II
STUDENT CORNER: ATTENDANCE
SUBJECTS January February March April May Total %

Private International Law
Drafting, Pleading & Conveyancing
Affirmative Action & Distributive
Justice
Constitutional Remedies
IP Valuation and Management
IP Dispute Resolution
Trade in Services and Agriculture
International Commercial
Arbitration
Law relating to Cyber Crimes
Comparative Criminal Law
Financial Markets and Regulatory
Systems
Law of Project Finance
ANNEXURE –II (CONTD.)
STUDENT CORNER: CONTINUOUS ASSESSMENT

SUBJECTS Test 1 Test 2 Test 3
Private International Law
Drafting, Pleading & Conveyancing
Affirmative Action & Distributive Justice
Constitutional Remedies
IP Valuation and Management
IP Dispute Resolution
Trade in Services and Agriculture
International Commercial
Arbitration
Law relating to Cyber Crimes
Comparative Criminal Law
Financial Markets and Regulatory Systems
Law of Project Finance
ANNEXURE -III
LIST OF SUBJECTS
S.NO Courses Compulsory/ Faculty Page No.

Stream
1 Private International Law Compulsory Dr. Nidhi Gupta 1-13
2 Drafting, Pleading & Conveyancing Compulsory Dr. Anjali Thanvi 14-18
3 Affirmative Action & Distributive Constitutional Law Prof. I.P Massey 19-23
Justice Hons.
4 Constitutional Remedies Constitutional Law Ms. Vini Singh 24-28
Hons.
5 IP Valuation and Management IPR Hons. Ms. Kanika Dhingra 29-35
6 IP Dispute Resolution IPR Hons. Mr.Arunabha Banerjee 36-45
7 Trade in Services and Agriculture Trade and Dr. Rosmy Joan 46-52
Investment Law
Hons.
8 International Commercial Trade and Dr. Nidhi Gupta 53-63
Arbitration Investment Law
Hons.
9 Law relating to Cyber Crimes Criminal Law Ms. Preeti Badola 64-69
Hons.
10 Comparative Criminal Law Criminal Law Mr. Renjith Thomas 70-77
Hons.
11 Financial Markets and Regulatory Business Law Mr. Sarthak Mishra 78-84
Systems Hons.
12 Law of Project Finance Business Law Ms. Ruth Vaiphei 85-88
Hons.
Course Curriculum
PRIVATE INTERNATIONAL LAW | 6 credit|

Session: January – May 2022 | Faculty: Dr. Nidhi Gupta|
Class: BA/BBA LLB X Semester
A. INTRODUCTION
Advent of globalisation has given rise into a situation where an increasing number of
conflicts/disputes invite applicability of more than one legal system. With the rapid
growth in international trade along with revolutionary changes in information technology,
more often than not, legal experts are faced with issues such as choice of most
appropriate forum for litigation or challenges to the domestic jurisdiction in favor of a
foreign jurisdiction, or choice of law to invoke to decide the dispute at hand, or with the
demands of recognizing and enforcing in domestic jurisdiction the judgments delivered in
the foreign countries. The pressing demands for dealing with such legal challenges
arising from constantly changing commercial and economic environment has made the
subject of private international law, also known as Conflicts of Laws, gain importance in
legal education. In India, unlike many western jurisdictions where the laws and principles
relating to private international law are well-developed having received considerable
legislative attention, there is absolute dearth of clear and certain rules and principles to
deal with the questions concerning conflicts of jurisdiction and applicable law.
This course aims to equip students with basic subject knowledge as well as the ability to
apply the principles and rules of private international law in matters relating to cross
border disputes. While the main focus is to be on rules of private international law in
India, considering the underdeveloped state of law in the area, this course, also aims to
incorporate, where required, a comparative input from other countries representing
common law and civil law traditions.
B. COURSE OUTCOMES
At the end of the course, students will be able to
[CO.1]Understand general concepts and principles of conflict of laws and their

importance for dispute resolution process
[CO.2] Critically analyse the rules relating to jurisdiction in India and conflicts relating
to most appropriate jurisdictions
[CO.3] Appreciate the concept of comity of nations and limitations of national
jurisdictions and national laws in elements involving foreign element across different
domains of law- Contract, Torts, Family, Property, and Intellectual Property Rights
[CO.4] Critically appreciate conflict of laws issues in international commercial
arbitration
[CO.5]Know Indian laws relating to recognition and enforcement of foreign judgements
1
[CO.6] Understand and appreciate importance of dispute resolution clauses in
International Commercial Contracts
[CO.7] Effectively draft dispute resolution clauses
C. PROGRAM OUTCOMES
[PO.1]. Demonstrate the ability to think like a lawyer and basic proficiency in
professional lawyering skills to perform competent legal analysis, reasoning, and
problem solving in domestic and international law contexts;
[PO.2]. Demonstrate communication skills, including effective listening and critical
reading, writing in objective and persuasive styles, and oral advocacy and other oral
communications;
[PO.3]. Demonstrate the ability to conduct domestic and international legal research
and collaborate effectively with others in a variety of legal settings and contexts;
[PO.4]. An appreciation, understanding, and inculcation of the moral, ethical, and
professional values and application of knowledge of professional ethics to
representation of clients, performance of duties as an officer of the courts, and behaves
in a sensitive manner toward clients and colleagues of all cultures and backgrounds;
[PO.5]. Reviews and critically appraises legal literature and evidence for the purpose of
ongoing improvement of the practice of law and exhibits commitment and aptitude for
lifelong learning and continuing improvement;
[PO.6]. Understand the impact of professional lawyering skills in societal and
environmental contexts, and demonstrate the knowledge of, and need for sustainable
development.
[PO.7]. Using technology in legal practice
[PO.8]. Equip with knowledge, passion and drive to excel as leaders in the legal
profession, judiciary, public service, non-profit & non-governmental organizations,
entrepreneurships, and corporate entities
[PO.9]. Explore and understand specific issues relating to workplace such as time
management, discipline, workplace culture, team work, giving and receiving feedback,
and achieving balance in one’s life in a multidisciplinary environment.
D. ASSESSMENT PLAN
Criteria Description Weightage (%)
Continuous Assessment 3 Tests (Best two will be 30

considered)
Project 20
End Term Exam (Closed 50
Book)
2
COURSE CURRICULUM
TOPIC 1: Introduction
 Definition
 Nature and Scope of Private International Law (PIL)
o Denomination- PIL or Conflict of Laws
o Difference between Private International Law and Public International
Law
o Conflict of Laws within Domestic Jurisdictions
o Jurisdiction
o Choice of Law
o Recognition and Enforcement of Foreign Judgments
o International Variety of Private International Law Rules
 Historical Development
 Theories of Private International Law
 Sources of PIL
o National Law
o Multilateral and Bilateral Treaties
o Case Law
o Customary Law
o Public International Law
o Doctrine
Readings:
Books:
1. J.D. McClean, Morris: The Conflict of Laws, Universal law Publishing Co. Pvt. Ltd.,
New Delhi, 2004, Ch. 1
2. North and Fawcett, Cheshire and North’s Private International Law, 13th ed.,
Butterworths: New Delhi, 1999, Ch. 1, 2
3. Abla Mayss, Principles of Conflict of Laws, 3rd ed. Cavendish Publishing Ltd., U.K.,
1999, Ch. 1
4. John O’Brien, Smith’s Conflict of Laws, Cavendish Publishing Ltd., U.K., 1999, Ch. 1, 2
5. Atul M. Setalvad, Conflict of Laws, Lexis Nexis, Nagpur, 2009 (2nd edn),
(Chapters 1 to 7)
Articles:
1. R.C. Rama, Contemporary Indian Private International Law: Problems and Prognoses,
AIR 1995 Journal Sec, p. 88-89
2. Rama Rao T.S, “Some Recent Developments and Non-developments in India
Private International Law”, 27.4 JILI (1985) 555
3. Tier A.M, “Relationship between Conflict of Personal Laws and Private
International Law”, 18 JILI (1976) 241.
4. Lakshmi Jambolkar, Conflict of Laws, in ASIL, 28: 1992, p.339-341
3
Cases law:
1. Indian and General Trust Ltd. v. Raja of Khalikote, 1952 Cal 508
2. Winans v. Attorney General, (1904) AC 287
3. Smt. Satya v. Teja Singh, AIR 1975 SC 105
4. Miss Shanti Singh v. Governer of Punjab, AIR 1959 Punj 375
5. Laxmikant v. Union of India, AIR 1987 SC 23
6. Neerja Saraph v. Jayant Saraph, (1994) 6 SCC 461
TOPIC 2: General Principles
 Classification
o Classification of the cause of action
o Classification of a rule of law
o Classification of Substance and Procedure
 Incidental Question
o What is incidental question
o Elements of incidental question
o Depecage
 Renvoi
 Connecting factors
o Nationality
o Domicile (of Origin, of Choice, of Dependence)
o Habitual Residence
o Temporary Residence
o Residence of Legal persons
 Proof of Foreign Law
 Exclusion of Foreign Law
Readings:
Books:
1. J.D. McClean, Morris: The Conflict of Laws, Universal law Publishing Co. Pvt. Ltd.,
New Delhi, 2004, Ch. 3, 4
Butterworths: New Delhi, 1999, Ch. 3,4,5,6,7,8
3. John O’Brien, Smith’s Conflict of Laws, Cavendish Publishing Ltd., U.K., 1999, Ch. 3-9
Articles:
1. Lakshmi Jambolkar, Conflict of Laws, in ASIL, 28: 1992, p.339-341
2. Campbell McLachlan, International Litigation And The Reworking Of The
Conflict Of Laws, Law Quarterly Review, 2004, 120(OCT), 580-616
3. Larry Cramer, Return of the Renvoi, 66 N.Y.U. L. Rev. 979
4. Rogerson P, “Habitual Residence: The New Domicile”, 2000, 49 ICLQ 86
5. Smart P, “Domicile of Choice and Multiple Residence”, 1999, 10 OJLS 572
4
Case law:
Classification:
1. Parasram Perumal v. Air India, AIR 1955 NUC (Bom.) 18
2. Sankaran v. Laxmi Bharti, AIR 1974 SC 1764
3. Delhi Cloth and General Mills Co. v. Harnam Singh, AIR 1955 SC 590
4. Coupland v. Arabian Gulf Petroleum, [1983] 3 All ER 226
5. Sayers v. International Drilling Co NV, [1971] 3 All ER 163
Renvoi:
 National Thermal Power Corporation v. Singer Company, 1992 (3) SCC 551
Connecting Factor:
Nationality:
1. Dattatraya Ganesh Bhatt v. Surendra Kumari, 1996 AIHC 2145 (Kant.)
Domicile:
1. Smt. Satya v. Teja v. Teja Singh, AIR 1975 SC 105
2. Udny vs. Udny, ( 1869) LR 1 Sc & Div 441
3. Cramer vs. Cramer, (1987) 1 FLR 11
4. Winans vs. A-G, (1904) AC 287
5. Ramsay vs. Liverpool Royal Infirmary, (1930) AC 58
Legal person:
1. Dickie & Co. v. Municipal Board, 1956 Cal 216
2. Raja Pramada Nath Roy v. Shebait Purna Chand Roy, (1908) 7 CLJ 514
TOPIC 3: Jurisdiction
 Traditional rules relating to jurisdiction

o Action in rem
o Action in personam
 Exclusive Jurisdiction Clauses and the Hague Convention on Choice of Court
Agreements 2005
 Jurisdiction under
o The Brussels Convention (Convention on Jurisdiction and Enforcement of
Judgements in Civil and Commercial Matters, 1968)
o The Lugano Convention, 1988
o Jurisdiction Clauses- Post Brexit
 Forum Shopping and choice of Jurisdiction
 Escape from Jurisdiction
o Principle of forum non conveniens
o Jurisdiction agreements
o Arbitration agreements
 Stay of Proceedings
o Anti-suit Injunctions
Readings:
5
Books:
1. J.D. McClean, Morris: The Conflict of Laws, Universal law Publishing CO. Pvt. Ltd.,
New Delhi, 2004, Ch. 3,4
2. North and Fawcett, Cheshire and North’s Private International Law, 13th ed.
Butterworths: New Delhi, 1999, Ch. 10, 11, 12
3. John O’Brien, Smith’s Conflict of Laws, Cavendish Publishing Ltd., U.K., 1999, Ch.
10,11, 13
1999, Ch. 2
Articles:
1. Franco Ferrari, 'Forum Shopping' Despite International Uniform Contract Law
Conventions, 51 ICLQ 689 ( 2002)
Case law:
1. Mallappa Yellappa v. Raghvendra Sham Rao, ILR (1938) Bom 16
2. U.L. lastochkina Odesa, U.S.S.R. v. Union of India, AIR 1976 AP 103
3. Maganilal v. Satyanarayan, AIR 1978 All. 455
4. A.B.C. Laminart Pvt. Ltd. v. A.P. Agencies, AIR 1989 SC 1239
5. Bharat Nidhi Ltd. v. Meghraj Mahajan, AIR 1967 Del 22
6. G.M. ONGC, Sibsagam v. M/S Raj. Engg. Corporation, AIR 1987 Cal 165
7. Lalji Raja & Sons v. Hansraj Nathuram, AIR 1971 SC 974
8. Hari Singh v. Md. Said, AIR 1927 Lah 200
9. Swastik Gases Pvt.Ltd. v Indian Oil Corporation Ltd., (2013)9SCC32
10. Modi Entertainment Network and Anr. v. WSG Cricket PTE Ltd., (2003) 4 SCC 341
11. Indiabulls Real Estate Ltd. v. Veritas Investment Research Corp., 2019 SCCOnline Del
8294
12. Arif Buhary Rahman v Siddhesh Kshirsagar, 2019 SCC Online Mad 2243
13. Unicorn Maritimes ( India) Pvt. Ltd. v Valency International Trading Pte Ltd., 2020
SCC Online Mad 2325
14. Interdigital Technology Corporation v Xiaomi Corporation, Delhi High Court, May 3,
2021, I.A. 8772/2020 in CS ( Comm) 295/2020
TOPIC 4: Recognition and Enforcement of Foreign Judgments
 Basis of Enforcement of Foreign Judgments

 Recognition of Foreign Judgments
 Execution of Foreign Judgments
 Enforcement of Foreign Arbitral Awards
Readings:
Books:
Butterworths: New Delhi, 1999, Ch. 15, 16, 17
1999, Ch. 4
3. Paras Diwan and Peeyushi Diwan, Private International Law, 9th ed., Deep and
Deep Publications, Delhi, 1998, Ch. 25
6
4. John O’Brien, Smith’s Conflict of Laws, Cavendish Publishing Ltd., U.K., 1999, Ch. 14,
15
Case law:
1. Vishwanathan v. Abdul Wazid, AIR 1963 SC 1
2. Badat and Co. v. East India Trading Co., AIR 1964 SC 538 at p. 554
3. Schibsby v. Westenholz, (1870) 6 QB 155
4. Brijlal v. Govindram AIR 1943 Bom 201
5. K.M. Jabbar v. Indo- Singapore Traders (P) Ltd., AIR 1981 Mad. 118
6. Magan Bhai Chotu Bhai v. Mani Ben, AIR 1985 Guj 187
7. Shankaran Govindan v. Lakshmi Bharti, 7 AIR 1974 SC 1764
8. Algemene Bank Nederland NV v. Satish Dayal Choksi, AIR 1990 Bom 170
9. Middle East Bank Ltd., v. Rajendra Singh Sethia, AIR 1991 Cal 335
10. Gurdas Mann v. Mohinder Singh Brar, AIR 1993 Punj& Har 92
11. M/S International Woollen Mills v. M/S Standard Wool (U.K.) Ltd., (2001)5SCC265
12. Alcon Electronics Pvt. Ltd. v. Salem S.A., (2017)2SCC253
13. Arvind Jairam Kotecha v. Prabhudas Damodar Kotecha, MANU/MH/1899/2020
( Bombay High Court)
14. Griesheim GMBH v. Goyal MG Gases Pvt. Ltd., MANU/DE/4394/2013 ( Delhi)
TOPIC 5: Conflict of Laws Issues in International Arbitration
 Lex Arbitri and Curial Law

 Applicability of Indian Law in Foreign Seated Arbitration
 Enforcement of Foreign Awards
Case Law:
1. Sulamérica Cia Nacional De Seguros S.A. and others v Enesa Engenharia S.A
[2012] EWCA Civ 638
2. Arsanovia Ltd v Cruz City 1 Mauritius Holdings [2013] 2 All ER 1
3. Habas Sinai Ve Tibbi Gazlar Istihsal Andustrisi AS v VSC Steel Company Ltd
[2013] EWHC 4071 (Comm)
4. The Libyan Oil Nationalisation Arbitrations (Texaco, BP Oil, Liamco) (1981) VI
Yearbook Commercial Arbitration 89
5. Sapphire International Petroleum Ltd. v The National Iranian Oil Company,
(1964) 13 ICLQ 1011
6. Naviera Amazonica Peruana SA v. Compania Internacional de Seguros del Peru
[1988] 1 Lloyd’s Rep. 116, 118 (English Ct. App.)
7. Abu Dhabi Inv. Auth. v. Citigroup, Inc., No. 13-1068-cv (2d Cir. Feb. 19, 2014)
8. Konkar Indomitable Corp. v. Fritzen Schiffsagentur und Bereederungs GmbH,
1981 U.S. 9637 (S.D.N.Y.)
9. B v. A [2010] EWHC 1626
10. Zurich Ins. Co. v. Ennia Gen. Ins. Co., 882 F.Supp. 1438, 1440 (S.D.N.Y. 1995)
7
11. Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb, 2020 UKSC 38
TOPIC 6: Law of Contract
 Proper Law of Contract

 Capacity to Contract
 Essential Validity of Contract
 Material Validity of Contract
 Jurisdiction and Choice of Law in e-contracts
Readings:
Books:
Butterworths: New Delhi, 1999, ch. 18
1999, Ch. 5
3. John O’Brien, Smith’s Conflict of Laws, Cavendish Publishing Ltd., U.K., 1999, Ch. 16
4. V.G. Ramchandaran, ‘Conflict of Laws As to Contracts’, 12, JILI, 1970, pp. 269-286
5. Nandan Kamath, Law Relating to Computers Internet and e-commerce, Universal Law
Publishing, New Delhi, 2001, Ch. 2, pp. 20-52.
th
6. Paras Diwan and Peeyushi Diwan, Private International Law, 9 ed., Deep and
Deep Publications, Delhi, 1998, Ch. 20, 21
Case law:
1. T.N.S. Firm v. Mohammad Hussain, AIR 1933 Mad. 756
2. Rabindra Nath Maitra v. Life Insurance Corporation of India, 1964 Cal 141
3. Vita Food Products Inc. vs. Unus Shipping Co. (1939) A.C. 277
4. Tzortis vs. Monark Line A/B, (1968) 1 All ER 949
5. Compagnie Tunisienne de Navigation S.A. vs. Compagnie d’Armement Maritime S.A.
(1971) A.C. 572
6. Prithi Singh vs. Ganesh Prasad Singh, AIR 1951 All. 462
7. Chitra Devi vs. Chembagavalli, AIR 2000 Mad. 38
8. Modi Entertainment Network and Anr. v. WSG Cricket PTE Ltd., (2003) 4 SCC 341
9. Rhodia Ltd. v. Neon Laboratories, AIR 2002 Bom 502
10. Rhodia Limited, Rhodia Chemicals India Limited and Rhodia Organique Fine Limited v.
Neon Laboratories Limited, 2005(107)1Bom LR 178
11. Emmsons International Ltd. v. Metal Distributors (UK) and Anr., MANU/DE/0105/2005
12. Zippo manufacturing v. Zippo dot. com 952 F.Supp.1119
13. United States v. Thomas, 74 F. 3d 701 (6th Cir. 1996)
TOPIC 7: Law of Torts
 Lex Loci Delicti

o Defamation
o Negligence
o Fraudulent misrepresentation by instantaneous means
o Economic torts
8
 Foreign Torts and Double Actionability Rule
 Multi-Country Torts
Readings:
Books:
Butterworths: New Delhi, 1999, Ch. 19
1999, Ch. 6
3. John O’Brien, Smith’s Conflict of Laws, Cavendish Publishing Ltd., U.K., 1999, Ch. 17
th
4. Paras Diwan and Peeyushi Diwan, Private International Law, 9 ed., Deep and
Deep Publications, Delhi, 1998, Ch. 22
Case law:
1. Nawal Kishor v. Rameshwar Nath, AIR 1955 All 594
2. Union Carbide Corporation v. Union of India, 1988 MPLJ 540
3. Kotah Transport Ltd. v. The Jhalawar Bus Service Ltd., AIR 1960 Raj. 224
4. Boys v. Chaplin, 1971 A.C. 356
5. Kishangarh Electric Supply com. v. United States of Rajasthan, AIR 1960 Raj. 4
6. Swami Ramdev v Facebook Inc., 2019SCCOnline Del 10701
TOPIC 8: Law of Property
 Distinction between Movables and Immovables

o Lex Rei Sitae
 Tangible and Intangible Movables
o Transfer of Immovable Property
o Transfer of Tangible Movables
 Intangible Property Rights
o Patent Law
o International Copyright
Readings:
Books:
1. R.S. Chavan, Indian Private International Law, Sterling Publishers Pvt. Ltd.,
1982, p. 138
Butterworths: New Delhi, 1999, Ch. 28, 29, 30, 31
3. Abla Mayss, Principles of Conflict of Laws, 3rd ed. Cavendish Publishing Ltd.,
U.K., 1999, Ch. 8
4. John O’Brien, Smith’s Conflict of Laws, Cavendish Publishing Ltd., U.K., 1999,
Ch. 21
5. Paras Diwan and Peeyushi Diwan, Private International Law, 9th ed., Deep and
Deep Publications, Delhi, 1998, Ch. 15,16,17,18
9
Case law:
1. Chaturbhuj Piramal v. Chunnilal, AIR 1933 PC 150
2. Delhi Cloth and General Mills Ltd. v. Harnam Singh, AIR 1955 SC 590
3. Rabindra Mitra v. Life Insurance Corporation of India, AIR 1964 Cal. 141
4. R. Vishwanath v. Syed Abdul Majeed, AIR 1963 SC 1
5. Krishna D. Iyyar v. Subbarama Aiyer, AIR 1932 Mad. 462
6. Upendra Nath v. Het Lal, 1933 All. 380
7. Krishna swami v. Benugopal, 1942 Mad. 614
8. Prithvi Singh v. Ganesh Prasad Singh, AIR 1951 All. 462
9. State Bank of India v. Ghamandiram, AIR 1969 SC 1330
10. Imperial Chemical Industries v. Controller General Patents, Designs and Trade Marks,
AIR 1978 Cal 77
11. M/S Shining Industries v. M/S Shri Krishna Industries, AIR 1975 All.231 (234)
12. Ajay Industrial Corporation v. Shiro Kanao of Ibaraki City, AIR 1983 Delhi 496
TOPIC 10: Family Law

 Marriage
o Formal Validity of Marriage
o Essential Validity of Marriage
o Polygamous Marriages
 Dissolution of Marriage
o Divorce,
o Nullity
o Judicial separation
o Recognition of Foreign Divorce and Nullity Decrees
 Financial Relief
o Spousal Maintenance
o Matrimonial Property
 Guardianship and Custody
 Adoption
o Recognition of foreign adoption
o Adoption by Foreign Parents
 Legitimacy and Legitimization
Readings:
Books:
Butterworths: New Delhi, 1999, Ch. 21,22, 24, 26
1999, Ch. 10, 11
3. John O’Brien, Smith’s Conflict of Laws, Cavendish Publishing Ltd., U.K., 1999, Ch.
18,19
Articles:
1. T.S. Rama Rao, Marriage in Indian Conflict of Laws: Some Recent Developments, 18.1
Indian Year Book of International Affairs, (1980) pp. 343-346.
2. Lakshmi Jhambolkar, Conflict of Laws, in 32 ASIL, (1996) p. 83-88
10
3. R.C. Saksena, Urgent Necessity for Legislation: Protection of the Rights of Women
Married to N.R.Is., AIR 1996 Journal section, p. 81-83
Case law:
Marriage:
1. Khambata v. Khambata, AIR 1935 Bom 5 ( Validity of Marriage)
2. Leelamma v. Dilip Kumar, 1992 ( 1) KLT 651 (Validity of Marriage)
3. Abdul v. Padma, AIR 1982 Bom 341
4. Marian Eva v. State, AIR 1993 HP 7
5. Brooks v Brooks, (1861) 9 HLC 193
6. Pugh v. Pugh, (1951) 2 ALL ER 680
7. Radwan v. Radwan, (1972) 3 All R 967
Divorce:
1. Smt. Satya v. Teja v. Teja Singh, AIR 1975 SC 105
2. Neerja Saraph v. Jayant Saraph, (1994) 6 SCC 461
3. Jagir Kaur v. Jaswant Singh, 1963 SC 1521
4. Joao Gloria Pires v. Ana Joaquina Pires, 1967 Goa 113
5. Jamsed Irani v. Bani Irani, (1976) 68 Bom. L.R. 469
Recognition of Foreign Divorce Decree:

1. Y. Narasimha Rao v. Y.Venkatalakshmi, (1991) 3 SCC 462-3
2. Veena Kalia v. Jatender Nath Kalia, AIR 1996 Del. 54
3. Padmini Mishra v. Ramesh Chandra Mishra, AIR 1991 Ori. 263
4. Deva Prasad Reddy v. Kamini Reddy and Anr., AIR2002Kant356
5. T. Siva Raman v. P. Renganayaki, (2005)3 MadLJ 1
Adoption:
1. In re Sister Gemma’s AIR 1970 Mad. 263
2. Laxmikant v. Union of India, AIR 1987 SC 23
3. K.S. Council for Child Welfare v. Society of Sisters of C.S.G. Convent, AIR 1994 SC 658
4. Dattatraya Ganesh Bhatt v. Surendra Kumari, 1996 AIHC 2145 (Kant.)
Custody and Guardianship:

1. Mrs. Kuldeep Sidhu v. Charan Singh, AIR 1989 Punj. and Haryana 103
2. Dalip Kaur v. S.P. Moga, 1996 AIHC 3102 (P&H)
3. Rajah Viziangram v. Secretary of State, AIR 1937 Mad. 51
4. Pamela Williams v. P.C. Martin, AIR 1970 Mad. 427
5. Harihar Prasad Jaiswal v. Suresh Jaiswal, AIR 1978 AP 13
6. Surinder Kaur Sandhu v. Harbux Singh Sandhu, AIR 1984 SC 1224
7. Isabell v. Ram Singh, AIR 1985 Raj. 30
8. Elizabeth Dinshaw v. Aryand M. Dinshaw, AIR 1987 SC 3
9. Kanika Goel v State of Delhi, (2018)9SCC578
10. Lahari Sakhamuri v Sobhan Kodali, 2019 SCC Online SC 395
11. Jitendra Arora v Sukriti Arora, Manu/SC/0173/2017
12. J. Belua Sima Saral v. W. Issac Robinson, CRP (MD) No. 400 of 2021
Recognition of Foreign Custody orders:

1. Margrett v. Chakoo, AIR1970 Ker. 1
11
2. Elizabeth Dinshaw v. Arvind Dinshaw, AIR 1987 SC 3,
3. Jacqueline Kapoor v. Surinder Pal Kapoor, AIR 1994 P&H 309
Lecture Topic Mode of Delivery

No.
1-4 Introduction: General Concepts relating to Private Lecture,
International Law, Latin Maxims common to the world of Discussion
PIL, Nature and Scope of the Subject
5-10 General Principles, Classification, Incidental Question, Lecture,
Renvoi Discussion
11-15 Connecting Factors Lecture, Case
Studies, Group
Discussions,
Problem based
Exercises
16-20 Proof of Foreign Law, Exclusion of Foreign Law Lecture, Case
Studies, Problem
based Exercises
21-22 Traditional rules relating to jurisdiction- Action in rem, Lecture, Case
Action in personam, Rules relating to Jurisdiction in Indian Studies, Problem
Law based Exercises
23-26 Jurisdiction under- The Brussels Convention (Convention on Lecture, Case
Jurisdiction and Enforcement of Judgements in Civil and Studies, Problem
Commercial Matters, 1968); The Lugano Convention, 1988; based Exercises
Jurisdiction Clauses Post-Brexit
27-28 Forum Shopping and choice of Jurisdiction Lecture, Case
Studies, Problem
based Exercises
29-32 Exclusive Jurisdiction Clauses and the Hague Convention on Lecture, Case
Choice of Court Agreements 2005 Studies, Problem
based Exercises
33-34 Escape from Jurisdiction: Principle of forum non Lecture, Case
conveniens; Jurisdiction agreements, Arbitration agreements Studies, Problem
based Exercises
35-36 Stay of Proceedings: Anti-suit Injunctions Lecture, Case
Studies, Problem
based Exercises
37-45 Conflict of Law Issues in International Arbitration: Lex Lecture, Case
Arbitri and Curial Law; Applicability of Indian Law in Studies, Problem
Foreign Seated Arbitration based Exercises
46-50 Enforcement of Foreign Awards: Convention and Non- Lecture, Case
Convention Awards; Enforcement of Foreign Judgments Studies, Problem
based Exercises
51-60 Conflict of Law Issues in Contract: Proper Law of Contract; Lecture, Case
Capacity to Contract; Essential Validity of Contract; Material Studies, Problem
Validity of Contract based Exercises
12
61-64 Jurisdiction and Choice of Law in e-contracts Lecture, Case
Studies, Problem
based Exercises
64-68 Torts: Foreign Torts and Double Actionability Rule; Multi- Lecture, Case
Country Torts; Lex Loci Delicti- Defamation; Negligence; Studies, Problem
Fraudulent misrepresentation by instantaneous means; based Exercises
Economic torts
69-70 Law of Property: Distinction between Movables and Lecture, Case
Immovables- Lex Rei Sitae; Transfer of Immovable Property; Studies, Problem
Tangible and Intangible Movables- Transfer of Tangible based Exercises
Movables; Intangible Property Rights- Patent Law;
International Copyright
71-76 Conflict of Laws Issues in the domain of Family: Marriage, Lecture, Case
Divorce, Guardianship, Custody, Adoption Studies, Problem
based Exercises
Total Hours: 80
Lecture Hours: 77
Continuous Assessment: 3 Hrs
13
Course Curriculum
DRAFTING, PLEADING & CONVEYANCING| 6 credit|
Session : January – May 2022 | Faculty : Dr.Anjali Thanvi
Class: UG X Semester
A. INTRODUCTION
The legal profession swears by the maxim, “verba volant, scripta manent” which means
spoken words fly away, written words remain. Drafting is the heart of legal profession.
PleadingLegal drafting skills are of utmost importance to all lawyers but are often difficult to
master. Despite the challenges of mastering the art, the most effective lawyers are those who
actively implement strategies to improve their drafting skills. The process of drafting,
pleading and conveyance is of utmost importance in every court of law. Proper drafting of
arguments is necessary in order to ensure that the arguments are clear, precise and
understandable. Proper methodology of pleading in courts is also necessary in order to
convey the arguments put forward.
Drafting requires a host of skills to be effective. Lawyers need to have in-depth knowledge
of the law, the ability to express abstract concepts, investigative instincts and ability to
foresee future, and organisational skills. Thus, drafting is one of the most intellectually
demanding of all skills lawyers requires in its numerous ramifications, is essentially a
practical subject. Art of drafting a good pleading or conveyance can be acquired only by
more and more practice. The potential lawyers need to inculcate a culture of concise,
accurate and in accordance with rules and practice, drafting of pleadings resulting into quick
and effective administration of justice. With the increasing branches of legal practice in
addition to civil matters, other areas like constitutional, corporate and criminal matters are
also covered.
B. COURSE OUTCOMES
[CO.1] Analyse and apply general principles of drafting and conveyancing.
[CO.2]Understand the different types of legal drafts including pleadings, applications, orders,
deeds etc.
[CO.3] Appreciate the nuances in substantive law and procedure along with legal drafts.
[CO.4] Understand the requirements of Affidavit and Annexures with the legal drafts.
[CO.5] Appreciate the nuances of limitation period and court fees for the legal drafts.
[CO.6] Appreciate the procedure before courts, and tribunal established in India with respect
to implementation and enforcement under different laws
[CO.7] Clearly understand the manner of execution of decrees and setting aside of decrees
[CO.8] Demonstrate conceptual clarity with respect to procedure under CPC, CrPC, and
Constitution.
C. PROGRAM OUTCOMES
[PO.1] Demonstrate the ability to think like a lawyer and basic proficiency in professional
drafting skills to perform competent legal analysis, reasoning, and problem solving;
[PO.2] Demonstrate communication skills, including effective listening and critical reading,
writing in objective and persuasive styles;
[PO.3] An appreciation, understanding, and inculcation of the moral, ethical, and
professional values and application of knowledge of professional ethics to representation of
14
clients, performance of duties as an officer of the courts, and behaves in a sensitive manner
toward clients and colleagues of all cultures and backgrounds;
[PO.5]. Understand the impact of professional lawyering skills in societal and environmental
contexts, and demonstrate the knowledge of, and need for sustainable development.
[PO.7]. Equip with knowledge, passion and drive to excel as leaders in the legal profession,
judiciary, public service, non-profit & non-governmental organizations, entrepreneurships,
and corporate entities
D. ASSESSMENT PLAN
CONTINUOUS 3 Tests (Best Two will be 30
ASSESSMENT considered)
Project 20
END TERM EXAM Closed Book 50
E. CURRICULUM
TOPIC 1: INTRODUCTION
a) Pleadings generally
b) Fundamental Rules of Pleadings
c) Statutory provisions relating to Pleadings
d) Affidavit/Verification
e) Perseverance in legal profession, reflection on pleadings, its importance in administration
of justice.
Reading Material:
1. Odgers on Pleadings and Practice, Twentieth Edition, Page 76 to 80
2. Mogha P.C.: The law of pleadings in India with precedents
3. Order VI, VII, VIII, C.P.C.
4. Special L.A.O. vs. Mahboor 2009 (14) SCC 54 (cases taken casually, negligently,
routinely, filing beyong limitation deprecated)
5. In Re: The Sanjay Dutt. 1995 (3) S.C.C. 619 (casual drafting or settling of draft not only
augurs ill for the health of judicial system but also punishable under contempt). Para 19 &
20)
TOPIC 2: PLEADINGS IN CIVIL MATTERS
a) Clarification of Pleadings
b) Pleadings in Suit/other civil proceedings
c) Frame of suit/written statement
d) Suit for declaration, injunction of all kinds, specific performance, recovery of damages for
breach of contract.
e) Summery suit based on Promissory Note
f) Matrimonial Petitions
15
g) Claim petitions under Motor Vehicle Act
h) Application for appointment of Arbitrator
i) Application u/s 5 of the Limitation Act
j) Caveat
k) Civil Appeals, Revision, Review, Letters Patent Appeal, Appeal from order.
Reading Material
1. Sec. 96,100,115, Sec. 148 A O37, O39 R1 & 2, 151 P.C.C., Sec. 104, 105, O41, O43, O47
C.P.C., Sec. 5 & 14 of the limitation act.
2. Sec. 9, 11 Arbitration Act
3. Sec. 9, 10 & 13 of the Hindu Marriage Act
4. Sec. 165 to 176 Motor Vehicle Act
5. Gayathri Women’s Welfare Association vs. Gowramma & Anr., JT 2011 (1) SC 315 (Civil
Suit/ set off).
6. Skyline Education Institute (India) Pvt. Ltd. vs. S.L. Vaswani, JT 2010 (3) SC 136
(Injunction in trade related matter).
7. Leela Gupta & Ors. vs. State of Uttar Pradesh, JT 2011 (6) SC 38 (motor accident claim)
8. Santosh Hazari Vs. Purshottam Tiwari 2001 S.C. 965 (Sec. 100 CPC)
9. Shivashakti Co-operative Society Vs. Swaraj Developers 2003 S.C. 2435 (Sec. 115 CPC)
10. Collector, Land Acquisition vs Mst. Katiji 1987 S.C. 1353 (Sec. 5 of the Limitation Act.)
TOPIC 3: CONSTITUTIONAL MATTERS
a) Pleadings in writ/Tribunals
b) Public Interest Litigation
c) Tribunals
d) Special Leave to Appeal
e) Curative Petition
Reading Material
1. Art. 32, 226, 227, 323 A, 323 B, 136, 142
2. Naresh Sridhar vs. State of Maharashtra 1967 S.C. 23 (Drafting of writ petitions under Art.
32 & 226)
3. Sayed Yakoob vs. S. Radhakrishnan 1964 S.C. 477 (Drafting of petition seeking writ of
certiorari)
4. M.C. Mehta vs. U.O.I. 2004 (6) SCC 588 (Drafting of P.I.L.)
5. BALCO Employees Union vs. U.O.I. 2002 S.C. 350 (PIL is not a pill or panacea for all
wrong)
6. State of Uttranchal vs. Balwant Singh, JT 2010 (1) SC 329 (Guidelines for PIL)
7. Kunhayammed vs. State of Kerala 2000 S.C. 2587 (Drafting of SLP)
8. Ashok Hurra vs. Ashok Huna 2002 (4) SCC 338 (curative jurisdiction of Supreme Court).
TOPIC 4: CRIMINAL MATTERS
(a) F.I.R., Private complaint

(b) Complaint in the matter affecting the administration of justice
(c) 138, 142 of the Negotiable Instrument Act
(d) Transfer of cases H.C./ S.C.
(e) Criminal Appeal, Revision
16
(f) Petition u/s. 482 Cr.P.C.
(g) Bail, Anticipatory Bail
(h) Suspension of sentence
(i) Stay of conviction
Reading Material
1. Sec. 154, 156, 200, 202, 340, 378, 379, 389, 397, 398, 401, 406, 407, 408, 438, 439, 482
Cr.P.C.
2. Damodar S. Prabhu vs. Sayed Babalal H. , JT 2010 (4) SC 457 (dishonor of cheque
offence under Banking Law/ Negotiable)
3. Navjot Singh Sidhu vs State 1977 Cr.L.J. 1427 (suspension/ stay of sentence)
4. State of Haryana vs. Bhajan Lal 1992 S.C. 604 (quashing of F.I.R. u/s 482 Cr.P.C.)
5. Balchand Jain vs. State of M.P. 1977 S.C. 366 (grant of bail)
TOPIC 5: CORPORATE MATTER
a) Winding up petition
b) Application for Amalgamation
c) Petition before Competition Commission
d) Alternate Dispute Resolution
Reading Material
Sec. 433, 436 & 439, The Companies Act, 391 to 396A & Rules 67 to 82, Ramaiya’s Guide
to Companies Law
TOPIC 6: CONVEYANCING
(a) Introduction
(b) General requirement of Deeds of Transfer
(c) Precautions
(d) Rules of Construction of Deeds
(e) General Forms
(f) Acknowledgements
(g) Deeds:
a) Partnership Deed
b) Deed of Dissolution
c) Sale Deed
d) Lease Deed
e) Mortgage Deed
f) Indemnity Body
g) Agreement Sell
h) Will
i)Power of Attorney
j)Hypothecation Deed
Reading Material
1. P.C. Mogha “The Indian Conveyances”
2. De Souza’ “Conveyancing”
3. Mogha P.C., “The Indian Conveyances”
4. Kelly – Draftsman
17
5. Ghanshyam Singh – cases and material on Pleadings Conveyancing & Professional
Ethics
6. Kuppuswami Chettiar vs. A.S.P.A. Arumuvam Chettiar & Anr. Respondent AIR 1967
SC 1395
Lecture Plan:
LECTURE NO TOPICS MODE OF DELIVERY
1-8 Introduction, Pleadings Lecture, Self Study,
generally, Fundamental Discussion and Classroom
Rules of Pleadings exercise
9-20 Drafting of Civil Pleadings: Lecture, Self Study,
Plaint & Written Statement, Discussion and Classroom
Applications under specific exercise
Orders
21-30 Drafting of Applications Lecture, Self Study,
under specific legislations Discussion and Classroom
exercise
31-42 Drafting of Appeals Lecture, Self Study,
Discussion and Classroom
exercise
43-54 Drafting of Writs & Appeals Lecture, Self Study,
under Constitution Discussion and Classroom
exercise
55-65 Drafting of Applications Lecture, Self Study,
under CrPC, Appeals, Discussion and Classroom
Revisions, Bails etc. exercise
66-84 Conveyance Deeds Lecture, Self Study,
Discussion and Classroom
exercise
Total Hours: 84 Hours

Total Lectures: 81
Continuous Assessment: 3 Hours
18
Course Curriculum
AFFIRMATIVE ACTION & DISTRIBUTIVE JUSTICE

| 10 Credits |
Session: January–May 2022| Faculty: Prof. I.P. Massey|
Class: BA/BBA LLB X SEMESTER (Constitutional Hons.)
A. INTRODUCTION
This paper seeks to examine the scope and nature of affirmative action and for that purpose
delves into the various theories of distributive justice. In order to develop a deeper
understanding of the concept, we will also compare and analyse the various approaches to
affirmative action in India and abroad.
B. COURSE OUTCOMES
At the end of the course the students will be able to –
[C.O. 1] - Understand the various viewpoints with respect to distributive justice.

[C.O. 2] - Understand and be able to articulate the reasons for affirmative action
[C.O. 3] - Know the law in India and Abroad with respect to affirmative action
[C.O. 4] - Compare the measures taken in view of affirmative action in India and other
jurisdictions
C. PROGRAM OUTCOMES
professional lawyering skills to perform competent legal analysis, reasoning, and problem
solving in domestic and international law contexts;
communications;
[PO.3]. Demonstrate the ability to conduct domestic and international legal research and
collaborate effectively with others in a variety of legal settings and contexts;
development.
19
entrepreneurships, and corporate entities
management, discipline, workplace culture, team work, giving and receiving feedback, and
achieving balance in one’s life in a multidisciplinary environment.
D. ASSESSMENT PLAN
Criteria Description Weightage of Marks (%)
3 Test (best 2 will be 30

considered)
Continuous Assessment
Project 20
End Term Exam Closed Book 50
E. CURRICULUM
TOPIC 1: INTRODUCTION
 Meaning and concept of justice

 Meaning and concept of affirmative action doctrine
 Philosophy of Distributive Justice
 Law and Justice
 Scope and applicability of affirmative action programme in India
Reading Material:
1. Amartya Sen, Idea of Justice, Harvard University Press, 2009
2. H.L.A. Hart, The Concept of Law, 2nd ed. (Oxford, 1994)
3. Ian Mcleod, Legal Theory, (2007), Palgrave Macmillan, pp. 18-41
4. Richard A Posner, Frontiers of Legal Theory, Universal Book Company, 2006,

Indian Reprint
5. Michael J. Sandel, Justice-What’s the Right Thing to do, 2010, Penguin Books Ltd.
(U.K.)
TOPIC 2: DISTRIBUTIVE JUSTICE AND INDIAN CONSTITUTION
 Fundamental Rights and Distributive Justice

 Right to Equality & Distributive Justice
 Natural Justice & Affirmative Action
20
 Cultural and Educational Rights Protection
 State Liability & Distributive Justice
Reading Material:
1. DevanesanNesiah, Discrimination with reason: The policy of reservations in the

United States, India, and Malaysia, Oxford University Press, 2000
2. H.M.Seervai, Constitutional Law of India, N.M.TripthiPvt.Ltd., 1993
3. M.P.Jain, Indian Constitutional Law, LexisNexis ButterworthsWadhwa, Nagpur,

2003
4. Mahajan, Jurisprudence and Legal Theory (1996 re-print), Eastern Book Co.,
Lucknow pp. 128-168
Case Laws:
1. Air India v. NergeshMeerza (1981) 4 SCC 335

2. Amita v. Union of India (2005) 13 SCC 721
3. ChiranjitLal v. UOI AIR 1951 SC 41
4. ShrilekhaVidyarthi v. State of UP (1991) SCC 212
5. RD Shetty v. International Airport Authority AIR 1979 SC 1628
6. E.P.Royappa v. State of Tamil Nadu AIR 1974 SC 555
TOPIC 3: UPLIFTMENT OF WEAKER SECTION/VULNERABLE GROUPS
 Special provision for women(Constitution, Legislations, Women’s

Commission)
 Sexual Harassment of Women at workplace
 Special provision for children(Constitution, Legislations, Child Rights
Commission)
 National Rural Employment Guarantee Act
 Affirmative action for Trans-genders (International and National Protection
Regime)
Reading Material:
1. Asha Bajpai, Child Rights in India: Law, Policy and Practice, Oxford University
Press, 2003
2. B.R.Trivedi, Constitutional Equality and the Women’s Rights, Cyber Tech Pub,
2010
3. ShobhaSaxena, Crimes against Women and Protective Laws, Deep and Deep, 2004
4. John Henry Hutton, Caste in India: Its Nature, Function and Origins, Oxford
University Press, Indian Branch, 1963.
21
Case Laws:
1. Apparel Export Promotion Council v. AK Chopra (1999) 1 SCC 759

2. DS Nakara v. Union of India AIR 1983 SC 130
3. Vishakha v. State of Rajasthan AIR 1997 SC 3011
4. Naz Foundation v. Govt. of NCT of Delhi 160 Delhi Law Times 277
5. Suresh Kumar Kaushal v. Naz Foundation AIR 2014 SC 563
TOPIC 4: ADVANCEMENT OF BACKWARD CLASSES THROUGH

AFFIRMATIVE ACTION
 Provisions under the Indian Constitution

 Special Legislations for backward classes
 Pre and Post Mandal Commission development
 Development through Constitutional Amendments
Reading Material:
1. Karon Monaghan, Equality Law, Oxford University Press, 2007
2. Rajkumar&K.Chockalingam (Ed.) Human Rights, Justice and Constitutional

Empowerment, OUP, 2007
3. SukhdeoThorat, Prashant Negi, MotilalMahamallik, Dalits in India: Search for a

Common Destiny, Sage Publications India Pvt., Ltd., New Delhi, 2009
Case Laws:
1. IndraSawhney v. Union of India 1992 Supp.2 SCR 454

2. MR Balaji v. State of Mysore AIR 1963 SC 649
3. The General Manager, Southern Railway v. Rangachari (1962) 3 SCR 586
4. Ashoka Kumar Thakur v. UOI (OBC Judgement) (2008) 6 SCC 1
5. Society for un-aided private schools of Rajasthan v. UOI AIR 2012 SC 3445
TOPIC 5: COMPARATIVE ANALYSIS OF AFFIRMATIVE ACTION
 American View
 Canadian View
 Australian View
 Comparison of the above with Indian approach
Reading Material:
1. DD Basu, Comparative Constitutional Law, Wadhwa Nagpur, 2008
Case Laws:
22
1. Brown v. Board of Education 347 US 483 (1954)
2. Fisher v. University of Texas (2012)
3. Ontario v. Ontario Teachers Federation (no.4) (1994) 20 CHRR D/257
ARTICLES
1. Chandola, M. Varn. 1992, “Affirmative Action in India and the United States:
the Untouchable and Black Experience,” 3 Ind. Int’l &Comp.L.Rev. 101-133.
2. Rex Martin, “Rawl’s New Theory of Justice,” Chicago-Kent La Review,
Vol.69: 737-761, 1994
3. John Rawls: “Justice as Fairness,” Philosophical Review 67/2 (1958) 164-194
repr. in: Samuel Freeman(ed.): John Rawls. Collected Papers, Cambridge,
Mass.: Harvard University Press 1999.
4. Merill, Thomas W. 1996. “Three Models of Affirmative Action
Beneficiaries,” 19 Harvard Journal of Law & Public Policy 779-784
5. Witten, Samuel M., “Compensatory Discrimination in India: Affirmative
Action as a means of combating class inequality,” 21 Columbia Journal of
Transnational Law 353
6. Armour, John W. 1987. “Compensatory Discrimination: The Indian
Constitution and Judicial Review,” 16 Melbourne University Law Review 126
F. LECTURE PLAN
Lecture No. Module Teaching Methodology

1 – 12 Module 1 Lecture & Discussion
13 – 28 Module II Lecture & Discussion
29 – 37 Module III Lecture & Discussion
38 – 44 Module IV Lecture & Discussion
45 – 52 Module V Lecture & Discussion
53 – 58 Module V Lecture & Discussion
Total Hours: 60
Lecture Hours: 57
23
Course Curriculum
CONSTITUTIONAL REMEDIES | 6 Credits |

Session: Jan – May 2022 | Faculty: VINI SINGH |
Class: BA/BBA LLB X SEMESTER
A. INTRODUCTION
Constitutional remedies ensure concretizations of various rights provided under the constitution.
It was a matter of concern for the drafters to ensure that the concept of fundamental right does
not merely remain a matter of abstraction of various ideals. Ensuring that these rights are realized
in the Indian comity was a matter of concern for the drafters. It was with this realization that the
drafters decided to grant prerogative powers upon the Supreme Court to issue writs in the form
of article 32 of the Indian Constitution. However, the concept of remedies was not limited to the
granting of various writs but also extended to other forms of directional orders.
This endeavor to construct an appropriate balance between Constitutional Rights and Remedies
provides a particular shape to various institutional mechanisms as well. In particular the
jurisdictional structure of a court is especially shaped by the balance so construed. Another
important issue at an institutional level that arises is with respect to the aspect of balance of
power between the judiciary and the executive.
A proper discussion on the course of Constitutional Remedies for this reason would inevitably
have a broader scope of having an effect on various political and legal matters.
B. COURSE OUTCOMES

[CO. 1] Identify the importance of various writs provided under the constitution
[CO.2] Develop an understanding on the basic Constitutional Protections provided to protect
various rights
[CO.3] Identify the various intricacies involved in concretizising various kinds of rights
[CO.4] Deleinate the proper role of Judiciary in protecting Constitutional Principles
[CO.5] Explain the various form of reliefs that can be covered under the constitutional remedies
[CO.6] Explain the proper evolution of writ mechanism with the expanding interpretation of
constitution
[CO.7] Differentiate the distinction between Judicial Review and Judicial Overreach
[CO.8] Compare with other forms of remedies provided under various constitutions
24
C. PROGRAM OUTCOMES
[PO.1]. Demonstrate the ability to think like a lawyer and basic proficiency in professional
lawyering skills to perform competent legal analysis, reasoning, and problem solving in domestic
and international law contexts;
[PO.2]. Demonstrate communication skills, including effective listening and critical reading,
writing in objective and persuasive styles, and oral advocacy and other oral communications;
[PO.4]. An appreciation, understanding, and inculcation of the moral, ethical, and professional
values and application of knowledge of professional ethics to representation of clients,
performance of duties as an officer of the courts, and behaves in a sensitive manner toward
clients and colleagues of all cultures and backgrounds;
[PO.5]. Reviews and critically appraises legal literature and evidence for the purpose of ongoing
improvement of the practice of law and exhibits commitment and aptitude for lifelong learning
and continuing improvement;
judiciary, public service, non-profit & non-governmental organizations, entrepreneurships, and
corporate entities
[PO.9]. Explore and understand specific issues relating to workplace such as time management,
discipline, workplace culture, team work, giving and receiving feedback, and achieving balance
in one’s life in a multidisciplinary environment.
D. ASSESSMENT PLAN

3 Tests (out of
which 2 will
CONTINUOUS be 30
ASSESSMENTS selected)
Project 20
25
TE
R
END M
EXAMINATION Closed Book 50
E. CURRICULUM
Topic 1: Jurisprudence of Rights and Remedies
• Concept of Right and Remedy

• Prerogative Remedies and Discretionary Power
• Positive and Negative Constitutional Rights
• Fundamental Right of Constitutional Remedy
• Judicial Review
Case Laws:
1. State of Madras v. G.G Row, AIR 1952 SC 196
2. Kihoto v. Zachilhu, AIR 1993 SC 412
3. Indra Sawhney v. Union of India, 1992 Supp. (3) SC 217
4. Romesh Thopar v. State of Madras, 1950 SCR 869
Topic 2: Constitutional Jurisdictional Issues
• Article 32, 136 and 137

• High Court Jurisdiction under Article 226 and 227
Case Laws:
1. Chiranjit Lal Choudhary v. Union of India, 1951 AIR 41
2. DS Rathi v. State of Punjab, 1958 SCJ 425
3. Haji Esmail v. Competent Officer, AIR 1967 SC 1244
4. M.K Gopalan v. State of M.P, (1995) 1 SCR 168
Topic 3: Writ Remedies
• Writ of Certiorari
• Writ of Quo Warranto
• Writ of Prohibition
• Writ of Mandamus
26
• Writ of Habeas Corpus
• Public Litigation
Case Laws:
1. A.D.M Jabalpur v. Shivkant Shukla, AIR 1876 SC 1207
2. Vidya Verma v. Shiv Narain, AIR 1956 SC 108
3. Sabastian Horgray v. Union of India, AIR 1984 SC 571
4. State of Bombay v. Union Motors Ltd, 1953 SCR 572
5. Surya Dev Raj v. Ram Chandra Rai, (2003) 6 SCC 675
Topic 4: Reliefs
• Damages
• Directions
• Constitutional Tort and Compensatory Relief.
• Continuous Mandamus
• Interpretational Meaning of Article 142.
• Concept of Other Relief.
Case Laws:
1. A.R Ante v. R.S Nayak, AIR 1988 SC 1895

2. DK Basu v. State of West Bengal, AIR 1997 SC 610
3. Rudal Shah v. State of Bihar, AIR 1993 SC 1086
Topic 5: Principles
• Illegality
• Irrationality
• Alternative Remedy
• Procedural Impropriety
• Proportionality
• Due Process
• Reasonableness
Case Laws
1. Trilok Chand v. Munshi, AIR 1970 SC 898
2. Kashinath v. Speaker, SCC 1993 (2) 703
3. Shambu Ram Yadav v. Hanuman Das Khatri, (2001) 6 SCC 1
\
Topic 6: Miscellaneous Doctrines
27
• Judicial activism and Judicial Overreach
• Doctrine of Political Question
• Access to Justice
F. TEXT BOOKS/ REFERENCE BOOKS
1. TEXT BOOKS
• Asim Pandya, Writs and Other Constitutional Remedies (2009).

I.P Massey, Administrative Law
• D.D Basu, Constitutional Remedies and Writs
2. ARTICLES
• David P Currie, Positive and Negative Constitutional Rights, 53 University of Chicago

Law Review 864 (1986)
• John C Jefferies, The Right Remedy Gap in Constitutional Law, 107 Yale L.J (1999)
• Justice G. Yethirajulu, Article 32 and The Remedy of Compensation, (2004) 7 SCC (J)
49.
• Fritz Scharpf, Judicial Review and the Political Question: A Functional Analysis, Yale
Law Journal, Vol. 45, pp. 517-597.
Lecture Plan:
TOPI
LECTURE NO. CS MODE OF DELIVERY
an
1-5 Concept of Right d
Remedi
es Lecture and Discussion
Prerogative
6-7 Writs Lecture
Judi an
8-12 cial Review d
Enforceability Lecture and Discussion
13- 16 Scope of Article 32 Lecture
28
Scope and Nature of
17- 22 Article
226 and 227 Lecture
a
Appella n
23- 28 te d Original
Jurisdiction of Supreme
Court Lecture and Discussion
Complete Justice
29-31 Doctrine Lecture
32-36 Writ of Prohibition and Writ
of Certiorari Lecture and Discussion
o Mandamu an
37-40 Writ f s d Lecture and Discussion
Habeas Corpus
41-42 Concept of Public Litigation Lecture and Discussion
Reli o Compensati
43-44 ef f on in
Constitutional Matters Lecture and Discussion
Nature and Scope of
45-48 Reliefs
under the Constitution Lecture and Discussion
Political Question and
49-51 Judicial
Revi
ew Lecture and Discussion
Activism and
52-56 Overreach Lecture and Discussion
Total Hours: 59
Lecture Hours: 56
29
Course Curriculum
I.P. VALUATION & MANAGEMENT |10 Credits|

Session: January – May 2022 | Faculty: Ms. Kanika Dhingra|
Class: BA/BBA LLB IX Semester (IPR Hons.)
A. INTRODUCTION
Intellectual Property Rights have become a completely separate genre of valuable assets that
are being owned and transacted into by the Companies, both national and international these
days. Hence, there has emerged a growing need to denote the intellectual property rights as
an intangible asset and as such it has the same value and worth as that of a tangible asset of
the company. The IPR as an intangible asset appear on the balance sheet of the company and
affect the worth of all the assets of the company grossly when it comes to entering into
transactions like mergers and acquisitions, licensing and assignments and those involving
taxation and transfer pricing. The course seeks to delve into the matters concerning valuation
and management of an IP of a company and the risks and considerations involved while
applying the different methods available while valuing an IP, and the way in which all the
methods differently affect and influence the ultimate value of an IP. All these considerations
that are involved in choosing and applying a method to value an IP determine the actual value
and worth of an asset and affect the decision making process to undertake a particular
business transaction involving the transfer, use or acquisition of an IP as an asset. Apart from
this IP Management is inclusive of IP Dispute resolution mechanism that seeks to apply ADR
to IP Disputes and to test the arbitrability of IP Issues vis-à-vis litigation process.
B. COURSE OUTCOMES
At the end of the course, the students would be able to:

[CO. 1] Understand the significance of intellectual property as a valuable intangible asset.
[CO.2] Know the different types of valuation standards and methods.
[CO.3] Explain the different approaches used in IP Valuation and their relevance for IP
holders.
[CO.4] Understand the need and procedure for IP Audit and Management.
[CO.5] Relate the concept of arbitration to the IP Disputes and determine arbitrability of
the same.
[CO.6] Understand the various issues relating to intellectual property in different phases
such as the pre-filing, during filing and post filing of application for grant of IP
rights.
[CO.7] Understand the taxability of IP assets.
[CO.8] Identify issues in damage calculation in IP litigation.
C. PROGRAM OUTCOMES
lawyering skills to perform competent legal analysis, reasoning, and problem solving in
domestic and international law contexts;
30
entrepreneurships, and corporate entities.
D. ASSESSMENT PLAN

Continuous Assessment 3 Tests (Best 2 will be 30
considered)
Project 20
E. CURRICULUM
TOPIC 1: Valuation and Intellectual Property: An Introduction
 What is valuation- Concept, Meaning and Importance?

 Purpose and objective
 Determinants of valuation
 Subject matter- tangible and intangible assets
 Valuation of tangible and intangible assets
 Issues and challenges surrounding valuation of assets
 Valuation Standards: National and International
References:
1. The importance of the valuation of intellectual property assets- valuation mechanisms,

WIPO Paper- OMPI/PI/BUE/98/1 and WIPO/IP/BJ/96/9
2. IP Valuation and Strategies- WIPO/IP/SIN/99/13
3. Importance of assessing the value of IP- WIPO/IP/BJ/96/3
4. Jody C. Bishop, The Challenge of Valuing IP, North Western Technology Journal
(available at-
http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1011&contex
t=njtip)
31
5. European Commission Report on IP Valuation (available at-
https://ec.europa.eu/research/innovation-
union/pdf/Expert_Group_Report_on_Intellectual_Property_Valuation_IP_web_2.pdf)
6. Paul Flignorand David Orozco, Intangible Asset and Intellectual Property Valuation- A
Multidisciplinary Perspective (available at-
http://www.wipo.int/sme/en/documents/ip_valuation_fulltext.html)
7. International Valuation Standard , 2013- Framework and Requirements (available at-
http://www.ivsc.org/sites/default/files/IVS%202013%20without%20guidance.pdf)
8. International valuation Standard on Intangible assets 210 (available at-
http://www.ivsc.org/sites/default/files/ivs210_intangible_assets.pdf)
9. International Accounting Standard 36: Impairment of Assets (available at-
http://ec.europa.eu/internal_market/accounting/docs/consolidated/ias36_en.pdf)
10. IAS 36 (available at- http://www.iasplus.com/en/standards/ias/ias36)
11. Accounting Standards 26 Intangible assets (available at-
http://www.mca.gov.in/Ministry/notification/pdf/AS_26.pdf)
12. Research report 134, Worldwide application of IFRS 3, IAS 38and IAS 36, related
disclosures, and determinants of non-compliance, (available at-
http://www.accaglobal.com/content/dam/acca/global/PDF-technical/financial-
reporting/rr-134-001.pdf)
13. Impairment Accounting- the basics of IAS 36, Earnest & Young, (Available at-
http://www.ey.com/Publication/vwLUAssets/Impairment_accounting_IAS_36_0810/$FI
LE/Impairment%20accounting%20IAS%2036%200810.pdf)
TOPIC 2: IP as an Intangible Asset
 What is an asset
 Characteristics of an asset
 Difference between tangible and intangible assets
 IP as an asset- characteristics, limitations and exceptions
 What is and what is not intangible asset
 Categories of intangible assets-identifiable and unidentifiable
 Considerations before analysis
 Reasons for intangible asset valuation
 Intangible asset valuation report
References:
1. IASB Conceptual Framework of Asset, World Standard Setters Agenda Paper (available
at- http://www.ifrs.org/Current-Projects/IASB-Projects/Conceptual-Framework/Other-
Public-Meetings-Observer-Notes/Documents/WSSAGENDAPAPER1A.pdf)
2. Elements of Financial Accounting, Statement of Financial Accounting Concepts No.6
(available at-
http://www.fasb.org/cs/BlobServer?blobkey=id&blobwhere=1175822102897&blobheade
r=application%2Fpdf&blobcol=urldata&blobtable=MungoBlobs)
3. Trying to Grasp the Intangible (available at-
http://www.wiley.com/college/bcs/0471363049/updates/ch12_intangible.pdf)
4. “Goodwill and Other Intangible Assets,” Statement of Financial Accounting Standards
No. 142 (available at-
32
http://www.fasb.org/cs/BlobServer?blobcol=urldata&blobtable=MungoBlobs&blobkey=i
d&blobwhere=1175820927971&blobheader=application%2Fpdf)
5. Summary on Goodwill and Other Intangible Assets,” Statement of Financial Accounting
Standards No. 142 (available at-http://www.fasb.org/summary/stsum142.shtml)
6. Intangible Assets and Impairment of Assets (available at-
highered.mheducation.com/sites/dl/free/0077114523/.../SampleChap.pdf)
7. Jeffrey H. Matsuura, An Overview of Intellectual Property and Intangible Asset
Valuation Models, 14 Research management Review, 2004 (available at-
http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.467.6261&rep=rep1&type=pdf
)
8. Kelvin King, The Value of Intellectual Property, Intangible Assets and
Goodwill(available at-
http://www.wipo.int/sme/en/documents/value_ip_intangible_assets_fulltext.html)
9. Paul Flignorand David Orozco, Intangible Asset and Intellectual Property Valuation- A
Multidisciplinary Perspective (available at-
http://www.wipo.int/sme/en/documents/ip_valuation_fulltext.html)
TOPIC 3: General Methods and Techniques of Valuation
 Tangible vs. intangible asset valuation

 Cost approach- Reproduction and Replacement cost
 Market approach
 Income approach- CAPM and DCF model
 Relief From Royalty Method
 Premium Pricing and Residual Value method
 Option pricing Model
 Rule of Thumb- The effect after Uniloc v. Microsoft ruling
 Critical appraisal of each of these approaches
References:
1. WIPO Module 11 on IP Valuation (available at-

http://www.wipo.int/export/sites/www/sme/en/documents/pdf/ip_panorama_11_learning_
points.pdf)
2. WIPO, IP valuation: The Inside story (available at- http://www.wipo.int/multimedia-
video/en/sme/multimedia/flash/11/swf/map.swf)
TOPIC 4: IP Valuation Techniques
 Patent Valuation Techniques

 Asset Strength approach
 The Pay-Off Method
 Trademark (Brand) Valuation
 Can Goodwill be valued?
 Domain Names Valuation & Dispute Settlement
 Copyright Valuation
 Software Valuation
33
References:
1. Methodologies for determining value of IP – WIPO/IP/BJ/96/5 and WIPO/IP/BJ/96/7

2. Parameters of Valuation Techniques- WIPO/IP/BJ/96/8
3. Valuation of Invention and Research Results- WIPO/AVI/PH/97/2
4. Pricing Intangible Asset- Methods of Valuation- OMPI/VPI/LIM/98/2
5. Martin A. Bader and Frauke Rüether, Still A Long Way To Value-Based Patent Valuation
(available at-
http://www.wipo.int/edocs/mdocs/sme/en/wipo_insme_smes_ge_10/wipo_insme_smes_g
e_10_ref_theme06_01.pdf)
6. \WIPO Paper on Trademark Licensing (available at-
points.pdf)
7. Tatjana Antić, et al., Brand Valuation, (available at
http://www.efos.unios.hr/repec/osi/journl/PDF/InterdisciplinaryManagementResearchIV/I
MR4a12.pdf)
8. Akshat Panday, “Valuation of Intellectual Property Assets”, Eastern Law House 2010
9. William J. Murphy, John L. Orcutt & Paul C Remus , “Patent Valuation”, John Wiley &
Sons Inc, 2012
10. Gorden V Smith & Russell L Parr , “Valuation of Intellectual Property and Intangible
Asssets”, John Wiley & Sons Inc, 2000
TOPIC 5: IP Management, Audit and Taxation
 Meaning and concept of IP Management

 Need for IP Management
 IP Management Strategies
 Managing Patents, Trademarks and Copyrights
 IP Due Diligence
o Copyrights
o Patents
o Brands
o Designs
 Meaning and concept of Audits
 Need and importance
 Considerations while conducting an IP Audit
 Patent Audit Plan
 Copyright Audit Plan
 Trademark Audit Plan
 Taxation and IP
References:
1. Commercialization issues of IP- WIPO/AVI/MTY/02/4

2. Akshat Panday, “Valuation of Intellectual Property Assets”, Eastern Law House 2010
3. William J. Murphy, John L. Orcutt& Paul C Remus , “Patent Valuation”, John Wiley &
Sons Inc, 2012
34
Asssets”, John Wiley & Sons Inc, 2000
5. IP Audit Tool- WIPO (available at-
http://www.wipo.int/edocs/pubdocs/en/intproperty/927/wipo_pub_927.pdf)
6. WIPO Module 10 on IP Audits (Available at-
points.pdf)
7. H.S. Chawla, Managing Intellectual Property Rights for better transfer and
commercialization of Agricultural Technology, Journal of IPR, Vol. 12, May 2007, pp
330-340
8. K.D. Raju, Intellectual Property Taxation: Need for a comprehensive Policy and Law in
India, Journal of IPR, Vol. 13, November 2008, pp 563-573
9. Karuna Jain & Vandana Sharma, Intellectual Property management System: An
Organizational Perspective, Journal of IPR, Vol. 11, September 2006, pp 330-333
10. Tulika Rastogi, IP Audit: Way to a Healthy Organization, Journal of IPR, Vol. 15, July
2010, pp 302-309
11. Lee Moerman, Accounting for Intellectual Property: Inconsistencies and Challenges,
Journal of IPR, Vol. 11, July 2006, pp 243-248
12. Mrinalini Kochupillai & Matthew A. Smith, Patent Valuation with Consideration For
Emerging Technology, Journal of IPR, Vol. 12, January 2007, pp 154-164
TOPIC 6: Other IP Valuation Concerns
 Dispute Settlement in IP - Arbitrability of IP Disputes, Mediation, Conciliation,

WIPO Arbitration & Mediation, ICANN Domain Name Dispute Settlement, Early
Neutral Evaluation
 Damage Calculation in IP Litigation
 Appreciation of Evidences in IP Cases: Patent, Trademark, Copyrights
 Securitization of IP Assets
 Remedies in IP Litigation
 Principles for grant of Injunctions in IP cases
 IP Insurance
 IP Indemnity
 Relevance of IP for Startups/MSMEs.
References:
1. William Grantham, “Arbitrability of International IP Disputes”, 1996, Available at:

https://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?referer=https://www.google.co.i
n/&httpsredir=1&article=1146&context=bjil
2. WIPO CENTER, Update On The WIPO Arbitration And Mediation Center’s Experience
In The Resolution Of Intellectual Property Disputes, Available at:
https://www.wipo.int/export/sites/www/amc/en/docs/nouvellesmarch2009.pdf
3. BY JOSEPH P. ZAMMIT AND JAMIE HU, “Arbitrating International Intellectual
Property Disputes”, Available at:
http://arbitrationlaw.com/files/articles/aaa_arbitrating_international_intellectual_property
_disputes.pdf
35
4. “Arbitrability of Intellectual Property Disputes”, Available at:
https://www.aippi.org/download/reports/forum/forum07/12/ForumSession12_Presentatio
n_Lawrence_Boo.pdf
5. Jayant Kumar, “Intellectual Property Securitization: How Far Possible and Effective”,
2006, Available at:
http://nopr.niscair.res.in/bitstream/123456789/3563/1/JIPR%2011%282%29%2098-
102.pdf
6. Hiroyuki Watanabe , “Intellectual property as Securitized Assets”, Available at:
https://www.iip.or.jp/e/e_summary/pdf/detail2003/e15_20.pdf
7. Akshat Panday, “Valuation of Intellectual Property Assets”, Eastern Law House 2010.
Sons Inc, 2012
Assets”, John Wiley & Sons Inc, 2000
F. TEXT BOOKS/REFERENCE BOOKS
1. Akshat Panday, “Valuation of Intellectual Property Assets”, Eastern Law House 2010.
Sons Inc, 2012
Assets”, John Wiley & Sons Inc, 2000
***
NOTE: Project topics shall be assigned during the course of the semester.
Lecture Plan:
Lecture No. Topics Mode of Delivery

1-10 Valuation and Intellectual Lecture, Discussion, Presentations & Self-
Property: An Introduction Study
11-18 IP as an Intangible Asset Lecture, Discussion, Presentations & Self-

Study
19-30 General Methods and Lecture, Discussion, Presentations & Self-
Techniques of Valuation Study
31-40 IP Valuation Techniques Lecture, Discussion, Presentations & Self-

Study
41-48 IP Management, Audit and Lecture, Discussion, Presentations & Self-
Taxation Study
49-57 Other IP Valuation Lecture, Discussion, Presentations & Self-
Concerns Study
Total Hours: 60 hrs.

Lectures: 57 hrs.
Continuous Assessment: 3 hrs.
36
Course Curriculum
IP DISPUTE RESOLUTION | 10 Credits
Session: January-May 2022| Faculty: Mr. Arunabha Banerjee|
Class: BA/BBA LLB X SEMESTER [IPR LAW HONORS]
A. INTRODUCTION
Any ownership over a property or transfer of a right is incomplete without remedies that
may be availed of in case the same is infringed or transgressed or the choices that the parties
may make when it comes to settling the disputes. The same is the case with intellectual
property rights and they are increasingly being recognised as properties, though intangible,
that can be owned, transferred or even assigned like any other property. In order to ensure
that the rights are preserved it is important that any terms or contracts entered into for
securing the rights over the same are also enforceable in the sense that in case of any breach
the settlement of any dispute between the parties may be availed easily. Since with more and
more burden on the Courts to determine the rights of the respective parties to a dispute in a
conventional manner by way of litigation, there has emerged the need to settle peacefully the
disputes out of Courts, and as a result, almost in all fields of law, the Alternative Dispute
Resolution Mechanism has been gaining gravity these days. So is the case with IPR and
disputes arising there of.
The present course seeks to delve into the arbitrability of IP Disputes and the challenges
or limitations that are there while engaging with the same. The course seeks to study further
the international and the national mechanisms as far as out of court settlement of IP Disputes
is concerned. Although in India the use and application of ADR to IP disputes is far from
being a realised in the real sense of the term at present, however rulings by the Courts in
some of the cases indicate the willingness of both the parties and the adjudicating authorities
to ensure inclination of dispute settlement by way of ADR as the same has certain important
advantages vis-à-vis litigation.
B. COURSE OUTCOMES

[1] Appreciate the role of prominent Alternate Dispute Resolution Mechanisms (notably
Mediation and Arbitration) towards settling of IP related disputes and strategize towards
improving their effectiveness.
[2] Know the current developments and concerns surrounding solving of IP related disputes
nationally and internationally.
[3] Provide effective legal solutions and policy related advice towards improvement of
dispute resolution in IPR.
C. PROGRAM OUTCOMES
solving in domestic and international law contexts; 
communication;
[PO.3]. Demonstrate the ability to conduct domestic and international legal research
and collaborate effectively with others in a variety of legal settings and contexts; 
37
[PO.5]. Reviews and critically appraises legal literature and evidence for the purpose
of ongoing improvement of the practice of law and exhibits commitment and aptitude for life-
long learning and continuing improvement; 
development.
entrepreneurships, and corporate entities 
management, discipline, workplace culture, teamwork, giving and receiving feedback, and
D. ASSESSMENT PLAN

3 Tests (Best 2 will be 30
Continuous Assessment considered)
Project 20
End Term Exam Online 50
E. CURRICULUM
PART I
[INTRODUCTION]
Topic 1: Introduction to IP Litigation and Dispute Resolution

 Forums available for IP dispute settlement- Civil and Criminal proceedings and ADR
 Arbitrability and Adjudication of IP Disputes
 Different types of ADR mechanisms
 Negotiation
 Mediation
 Arbitration
 Other mechanisms
 Advantages and Disadvantages of ADR vis-à-vis Litigation
References:
1. Lee Jae Sung, Settlement Solution by ADR on Dispute in Intellectual Property Right,
29 J. ARB. Stud. 121 (2019).
2. Ay Yunus Emre, Intellectual Property Disputes and International Arbitration, 58 ZB.
RADOVA 929 (2021).
38
3. Arbitration of Intellectual Property Disputes, 19 No. 1 IBA Arb. News 88
4. Marc Jonas Block, THE BENEFITS OF ALTERNATE DISPUTE RESOLUTION
FOR INTERNATIONAL COMMERCIAL AND INTELLECTUAL PROPERTY
DISPUTES, 44 Rutgers L. Rec. 1
Topic 2: Arbitrability of IP Disputes

 Arbitrability Issues arising in IP Disputes
 Breach of Contract
 Validity Claims
 Infringement of rights
 Threat of prosecution
 Anti-trust Issues
 Criminal Conduct
 Fair use and exceptions
 Application of ADR to IP Disputes

 Commercial Copyrights and Software Disputes
 Commercial Patent Disputes
 Patent Claim construction and Issues in Interpretation
 SEP disputes relating to FRAND Terms
 Commercial trademark and Trade-dress disputes
 IP Licensing disputes
 Trade Secret and Unfair Competition disputes
 Disputes relating to TK, Traditional Cultural Expression and Genetic
Resources
References:
1. Kenneth R. Adamo, Proceedings of the 2nd Annual Symposium International
Arbitration: Practice and Modern Developments April 1, 2011, 2 Global Bus. L. Rev.
7
2. M. Scott Donahey, UNIQUE CONSIDERATIONS FOR THE INTERNATIONAL
ARBITRATION OF INTELLECTUAL PROPERTY DISPUTES, 65-APR Disp.
Resol. J. 38
3. Julien Chaissea and A. Marisport, ARBITRATION CLAUSES IN INTELLECTUAL
PROPERTY CONTRACTS: PAST, PRECEDENCE, AND FUTURE, 54 Int'l Law.
397
39
PART II
[THE INTERNATIONAL ADR REGIME FOR IP]
Topic 1: WIPO Arbitration and Mediation Centre

 WIPO Mediation
 WIPO Arbitration & Expedited Arbitration
 WIPO Mediation, Arbitration, Expedited Arbitration and Expert Determination Rules
and Clauses, 2020
 Settlement Trends
 Drafting Dispute Resolution Clauses
References:
1. WIPO ADR Arbitration and Mediation Center, Guide to WIPO Arbitration
2. WIPO ADR Arbitration and Mediation Center and Korean Intellectual Property
Office, WIPO Guide on Alternative Dispute Resolution (ADR) Options for
Intellectual Property Offices and Courts
3. Leandro Toscano, WIPO ADR Arbitration and Mediation Center, Have you
considered WIPO mediation and arbitration services for your patent disputes?
Topic 2: TRIPS Dispute Settlement Body
 Basic Principles under TRIPS governing dispute settlement
 Rules and Procedures governing dispute settlement
 Proceedings at the DSB
 Jurisprudence under the TRIPS DSB
References:
1. Anne Hiaring, Fish or Fowl? The Nature of WTO Dispute Resolution under TRIPS,
Annual Survey of International & Comparative Law, 2006, Volume 12, Issue 1
2. Peter K. Yu, The TRIPS Enforcement Dispute, 89 Neb. L. Rev. 1046 (2011)
3. Thomas E. Volper, TRIPS Enforcement in China: A Case for Judicial Transparency,
33 Brook. J. Int'l L. (2007).
4. Daniel Gervais, China—Measures Affecting the Protection and Enforcement of
Intellectual Property Rights, The American Journal of International Law , Jul., 2009,
Vol. 103, No. 3 (Jul.,2009), pp. 549-555
Topic 3: ICANN Uniform Domain Name Dispute Resolution Policy & Rules (UDRP)
 Scope of the ICANN Uniform Domain Name Dispute Resolution Policy

 Overview of the Administrative Procedure
 Preparing and filing a Complaint
 Preparing and filing a Response
 Role of the Administrative Panel
40
References:
1. Elizabeth C. Woodard, The UDRP, ADR, and Arbitration: Using Proven Solutions to
Address Perceived Problems with the UDRP, 19 FORDHAM INTELL. PROP. MEDIA &
ENT. L.J.1169 (2009)
2. Alpana Roy & Althaf Marsoof, A Critical and Comparative Review of auDRP and
UDRP Domain Name Decisions, 19 J. WORLD INTELL. PROP. 203 (2016).
3. John Magee, Domain Name Disputes: An Assessment of the UDRP as against
Traditional Litigation, 2003 U. ILL. J.L. TECH. & POL'y 203 (2003).
PART III
[DISPUTE RESOLUTION IN INDIA]
Topic 1: Infringement of IP
 Infringement of Copyrights
a. Issues involved in ownership, assignment and licensing of copyrights
b. The case of Neighbouring/Related rights and Copyright Societies
 Infringement of Trademarks
a. Well-known Marks
b. Trade- dress and get-up
c. Trademark Dilution and Comparative Advertising issues
 Infringements of Patents
a. Cases relating to compulsory licenses
b. Issue of parallel imports and regulatory use
 Disputes relating to overlapping IP

a. Copyright-Design Interface
b. Trademark-Design Interface
c. Musical Works-Trademark Issues
d. Artistic Works-Trademark conflicts
 Considerations involved in choosing the dispute settlement options
Cases:
1. Gurukrupa Mech Tech Pvt. Ltd. v. State of Gujarat and Ors, R/Criminal Misc.
Application Nos. 15682, 15685 and 15686 of 2017
2. Indian Performing Rights Society Ltd. v. Eastern India Motion Pictures Association,
AIR 1977 SC 1443
41
3. Indian Performing Right Society Ltd. v. Aditya Pandey and Ors., FAO(OS) Nos. 423-
424/2011
4. Saregama Ltd. v. The New Digital Media and Ors., (2018)1WBLR(Cal)329
5. Engineering Analysis Centre of Excellence Private Limited v. The Commissioner of
Income Tax and Ors, 2021 SCC Online SC 159
6. Amway India Enterprises and Ors. v. The Deputy Commissioner of Income Tax and
Ors., [2008] 111 ITD 112 (Delhi)
7. Super Smelters Limited and Ors. v. SRMB Srijan Private Limited, 2020 (81) PTC 101
(Cal)
8. SRMB Srijan Pvt. Ltd. v. Shreegopal Concrete Pvt. Ltd, G.A. No. 261 of 2019 in C.S.
No. 15 of 2015, Decided on January 30, 2019
9. Apollo Tyres Ltd. v. Pioneer Trading Corporation and Ors, 2017 (72) PTC 253 (Del)
10. Carlsberg Breweries A/S v. Som Distilleries and Breweries Limited, 2017 (70) PTC
413 (Del)
11. Rolex Sa v. Alex Jewellery Pvt. Ltd. and Ors, 2009 (41) PTC 284 (Del)
12. Brahmos Aerospace Pvt. Ltd. v. FIITJEE Limited and Ors, 2014 (58) PTC 90 (Del)
13. ITC Limited v. Godfrey Phillips (India) Limited, MANU/MH/0820/2020
14. Khursheed Anwar Mohammad Ali and Ors. v. Merit Healthcare Pvt. Ltd, 2015 (61)
PTC 457 (Bom)
15. Cadila Health Care Ltd. v. Cadila, 2001 PTC 541 (SC)
16. Tata Sons Ltd. v. A.K. Chaudhary, 2009 (40) PTC 54 (Del.),
17. Advance Magazine Publishers, Inc. and Ors. v. Just Lifestyle Pvt. Ltd,
MANU/MH/1892/2016
18. Horlicks Ltd. and Ors. v. Heinz India Private Limited, 2019 (77) PTC 45 (Del)
19. Reckitt Benckiser India Private Limited v. Hindustan Unilever Limited, CS(COMM)
340/2021 & IAs.8999-9005/2021
20. Bayer Corporation v. Union of India and Others, WRIT PETITION NO.1323 OF
2013
21. Novartis AG v. Cipla Ltd. 2015 (61) PTC 363 (Del)
22. Merck Sharp and Dohme Corp. and Ors. v. SMS Pharmaceuticals Limited, 2021 (87)
PTC 398 (Del)
Topic 2: ADR and Indian IP Regime
 Early Neutral Evaluation: a consideration of the ‘Bawa Masala Company Case’
 Domain Name Dispute Settlement mechanism
42
Cases:
1. Sanjay Lalwani v. Jyostar Enterprises, O.A.NO.1194 OF 2018 (Decided on 3rd
September, 2020)
2. Golden Tobie Private Limited v. Golden Tobacco Limited, IA No.6080/2021
3. Hero Electric Vehicles Pvt. Ltd. & Anr. v. Lectro EMobility Pvt. Ltd. & Anr,
CS(COMM) 98/2020 and I.A. 3381/2020 (Decided on 2nd March, 2021)
Topic 3: IP Dispute Settlement and Litigation
 Civil litigation
 Criminal litigation
PART IV
[OTHER CONCERNS FOR IP DISPUTE RESOLUTION]
Topic 1: Issues of Jurisdiction in IP Disputes

 General Grounds of Jurisdiction: In Personam Jurisdiction, Defendant’s Domicile and
Exclusionary Mechanisms
 Jurisdiction over Contractual Disputes
 Jurisdiction to Order Provisional and Protective Measures
 Choice of Court Agreements, Appearance of the Defendant
 Multiple Defendants
 Coordination of Proceedings: Lis Pendens and Beyond
 ADR in Cyberspace issues concerning IP: Online IP Dispute Resolution

 E-commerce and ODR
 Virtual worlds and computer assisted ODR
 Issues and practical difficulties
 Cross-border jurisdiction issues
Cases:
1. Indian Performing Rights Society Ltd. v. Sanjay Dalia, (2015) 10 SCC 161
2. Ultra Home Construction (P) Ltd. v. Purushottam Kumar Chaubey, 2016 SCC
OnLine Del 376
3. World Wrestling Entertainment Inc. v. Reshma Collection, (2014) 60 PTC 452
4. Banyan Tree Holding (P) Ltd. v. A. Murali Krishna Reddy, 2009 SCC OnLine Del
3780
43
5. Millennium & Copthorne International Ltd. v. Aryans Plaza Services (P) Ltd, 2018
SCC OnLine Del 8260
6. Burger King Corpn. v. Techchand Shewakramani, 2018 SCC OnLine Del 10881
7. Exxon Mobil Corpn. v. Exoncorp (P) Ltd., 2019 SCC OnLine Del 9193
8. HT Media v. Brainlink International, 2020 SCC OnLine Del 1703
References:
1. Jeremy Lack, Addressing the IP Dispute Resolution Paradox: Combining Mediation
with Arbitration and Litigation, Global Arbitration Review,
https://globalarbitrationreview.com/guide/the-guide-ip-arbitration/first-
edition/article/addressing-the-ip-dispute-resolution-paradox-combining-mediation-
arbitration-and-litigation
2. European Commission, Press Release, Solving disputes online: New platform for
consumers and traders,
https://ec.europa.eu/commission/presscorner/detail/en/IP_16_297
3. NITI Aayog, Designing the Future of Dispute Resolution, The ODR Policy Plan for
India, https://www.niti.gov.in/sites/default/files/2021-11/odr-report-29-11-2021.pdf
Topic 2: Remedies
 Injunctions
 John Doe Orders
 Anton Piller orders
 Mareva Injunctions
 Norwich Pharmacal order
 Criminal Sanctions
 Quantification of Damages
Cases
1. Reliance Big Entertainment Pvt. Ltd. v. Jyoti Cable Network, 2011 SCC OnLine Del
5709
2. Balaji Motion Pictures Ltd. v. BSNL, 2016 SCC OnLine Bom 4636
3. Eros International v. BSNL, 2016 SCC OnLine Bom 10315
4. Reliance Big Entertainment Pvt. Ltd. v. Jyoti Cable Network, 2011 SCC OnLine Del
5709
5. UTV Software Communication Limited v. Home Cable Network Ltd, CS(OS) No
821/2011
6. Red Chilies Entertainments Pvt Ltd v. BSNL, CS No 601/2017
44
7. National Garments v. National Apparels, (1990) PTC 98
8. Shiv Kumar Chadha v. Municipal Corporation of Delhi, (1993) 3 SCC 161
9. Gujarat Bottling Co. Ltd. v. Coca Cola Company, 1995(5) SCC 545
10. Bucyrus Europe Ltd v. Vulcan Industries Engineering Co Pvt Ltd, 2005 (30) PTC 279
11. Autodesk Inc. v. Mr. Kumar Sam Prahlad, CS (OS) 2375 of 2007
12. Microsoft Corporation v. Dhiren Gopal, FAO (OS) No. 624 of 2009
13. Autodesk Inc. v. Mr. Rajiv P. Gandhi & Ors, CS (OS) No. 366 of 2009
14. Microsoft Corporation v. Lokesh Kumar, CS (OS) No. 878 of 2010
15. Microsoft Corporation v. Jaysukh Patel, CS (OS) No. 878 of 2011
16. Microsoft Corporation v. Arunava Jana, CS (OS) No. 478 of 2011
17. Google Inc. v. Equustek Solutions Inc., 2017 SCC 34
Topic 3: Miscellaneous
 Effect of Dispute Settlement on Access to Medicines
 Disputes relating to Anti-Competitive practices in IP
1. Aamir Khan Productions Pvt. Ltd. v. Union of India, (2010) 112 Bom L R 3778
2. Entertainment Network (India) Limited v. Super Cassette Industries Ltd, 2008 (5) OK
719
3. Samsher Kataria v. Honda Siel and Ors (Case No. 03/2011)
4. K Sera Sera Digital Cinemas Limited v. Pen India Ltd and Ors (Case No. 97/2016)
5. Telefonaktiebolaget L M Ericsson v. Competition Commission of India & Anr (WP(C)
464/2014 & CM Nos. 911/2014 and 915/2014)
Lecture Plan:
LECTURE TOPICS Mode of Delivery

NO.
PART I [INTRODUCTION]
1-4 Introduction to IP Litigation and Dispute Lecture and Discussion

Resolution
5-7 Arbitrability of IP Disputes Lecture and Discussion

PART II [THE INTERNATIONAL ADR
REGIME FOR IP]
8-14 WIPO Arbitration and Mediation Centre Lecture and Discussion
15-18 TRIPS Dispute Settlement Body Lecture and Discussion
45
19-22 ICANN Uniform Domain Name Dispute Lecture and Discussion
Resolution Policy & Rules (UDRP)
PART III [DISPUTE RESOLUTION IN
INDIA]
23 – 30 Infringement of IP Lecture and Discussion
31 – 36 ADR and Indian IP Regime Lecture and Discussion
37 – 40 IP Dispute Settlement and Litigation Lecture and Discussion
41 – 43 Part II [The International ADR Regime Lecture and Discussion

For IP]
44 – 45 Part III [Dispute Resolution In India] Lecture and Discussion
PART IV [OTHER CONCERNS IN IP

DISPUTE RESOLUTION]
46 – 50 Issues of Jurisdiction in IP Disputes Lecture and Discussion
51 – 53 Remedies Lecture and Discussion
54-55 Miscellaneous Lecture and Discussion
Lecture Hours: 55 hours

Continuous Assessment: 3 hours
Total: 58 hours
46
COURSE CURRICULUM
TRADE IN SERVICES AND AGRICULTURE |10 Credits |

Session: January – May 2022 | Faculty: Dr. Rosmy Joan |
Class: UG X Semester (International Trade and Investment Law Hons.)
A. INTRODUCTION
Part I of this curriculum deals with services trade. The General Agreement on Trade in
Services (the “GATS”), negotiated and concluded as a result of the Uruguay Round of
multilateral trade negotiations, when it came into effect in 1995 was the first multilateral
agreement covering this important and growing area of services trade. It has a potentially
broad scope of application, in the sense that most measures imposed by governments –
national, regional and local – affecting trade in services are covered, with the important
exception of services supplied in the exercise of governmental authority and certain
specific sectors, such as air transport services. However, the general obligations that
apply to all measures affecting trade in services are few, most notably the most-favoured-
nation (“MFN”) and transparency obligations. Many other key obligations, such as
market access and national treatment, apply only when and if a WTO Member has
decided to make specific commitments relating to a particular service sector in its
Schedule. The GATS is a complex web of rights, obligations, exemptions/exceptions and
specific commitments. Despite its obvious detail and complexity, the GATS remains a
“work in progress”. This course curriculum is designed with an objective to provide
advanced, academic and practical understanding of GATS under the WTO legal
framework.
Part II of this curriculum examines both the agricultural sector specific provisions in the
Agreement on Agriculture and the general WTO rules in a number of other WTO
Agreements, which can impact agricultural trade.
B. COURSE OUTCOMES
At the end of the course, students will be able
[CO.1]. To equip students with an advanced understanding of the WTO-GATS
Agreement within the global trade regime;
[CO.2]. To study the nature, scope and type of trade in services framework within the
GATS framework;
[CO.3]. To introduce students to the political economy dynamics of GATS and its
impacts on developing countries;
[CO.4]. To study the interface between GATS and National Regulatory regimes;
[CO.5]. To familiarize students with WTO jurisprudence on GATS and to expose the
potential problems of WTO dispute settlement mechanism in relation to GATS;
[CO.6]. To introduce contemporary and topical issues, including unilateral commitments
of developing countries, with special emphasis on India in liberalizing the services
economy and commitments in trade in services largely proliferating through bilateral and
regional trade agreements;
[CO.7]. To expose legal and development challenges in relation to specific sectors; and
46
[CO.8]. To understand the main legal provisions affecting trade in agricultural products.
C. PROGRAM OUTCOMES
solving in domestic and international law contexts;
communications;
professional values and application of knowledge of professional ethics to representation
of clients, performance of duties as an officer of the courts, and behaves in a sensitive
manner toward clients and colleagues of all cultures and backgrounds;
life-long learning and continuing improvement;
development;
[PO.7]. Using technology in legal practice;
entrepreneurships, and corporate entities;
management, discipline, workplace culture, team work, giving and receiving feedback,
and achieving balance in one’s life in a multidisciplinary environment.
D. ASSESSMENT PLAN
3 Test (best 2 will be 30

considered)
Project 20
47
E. CURRICULUM
PART I: TRADE IN SERVICES
 Trade in Services and the National and International Framework

 Historical, Political-Economy and the Uruguay Round Perspectives of Trade in
Services: The Birth of GATS
 Overview of the framework of General Agreement on Trade in Services
TOPIC 2: Scope and Definition
 Status of the Norm in the Context and Structure

 Definition of Services
 Modes of Supply
 Measures by Members
 Service Supplied in the Exercise of Governmental Authority
TOPIC 3: General Obligations and Disciplines
 MFN Treatment
 Transparency
 Increasing Participation of Developing Countries
 Economic Integration and Labour Markets Integration Agreements
 Domestic Regulation and Recognition
 Monopolies and Exclusive Service Suppliers;   Restrictive Business Practices
 Payments and Transfers; Restrictions to Safeguard the   Balance-of-Payments
 Emergency Safeguard Measures; Subsidies; Government Procurement
 General Exceptions and Security Exceptions
TOPIC 4: Specific Commitments
 Market Access
 National Treatment
 Additional Commitments
 Schedules of Specific Commitments
TOPIC 5: Progressive Liberalization
 Preamble Recital 3
 Negotiation of Specific Commitments
 Schedules of Specific Commitments
 Modification of Schedules
TOPIC 6: Dispute Settlement
48
 Consultations
 Dispute Settlement and Enforcement
 Special Procedures for Specific Services Sectors
Cases
Appellate Body Reports
 Report of the Appellate Body, Canada – Certain Measures Affecting the

Automotive Industry, WT/DS139/AB/R, WT/DS142/AB/R, adopted on 19 June
2000.
 Report of the Appellate Body, European Communities – Regime for the
Importation, Sale and Distribution of Bananas, WT/DS27/AB/R, adopted on 25
September 1997.
 Report of the Appellate Body, Korea – Measures Affecting Imports of Fresh,
Chilled and Frozen Beef, WT/DS161/AB/R, WT/DS169/AB/R, adopted on 10
January 2001.
 Report of the Appellate Body, United States – Standards for Reformulated and
Conventional Gasoline, WT/DS2/AB/R, adopted on 20 May 1996.
 Report of the Appellate Body, United States – Import Prohibition of Certain
Shrimp and Shrimp Products, WT/DS58/AB/R, adopted on 6 November 1998.  
Panel Reports
 Reports of the Panel, Canada – Certain Measures Affecting the Automotive

Industry, WT/DS139/R, WT/DS142/R, adopted on 19 June 2000, as modified by
the Appellate Body Report, WT/DS139/AB/R.
 Reports of the Panel, European Communities – Regime for the Importation, Sale
and Distribution of Bananas, WT/DS27/R/GTM, WT/ DS27/HND,
WT/DS27/R/ECU, WT/DS27/R/USA, WT/DS27/R/MEX, adopted 25 September
1997, as modified by the Appellate Body Report, WT/DS27/AB/R.
 Report of the Panel, European Communities – Regime for the Importation, Sale
and Distribution of Bananas – Recourse to Article 21.5 by Ecuador,
WT/DS27/RW/ECU, adopted on 6 May 1999.
Readings
 WTO Secretariat, A Handbook on GATS, Cambridge University Press, Geneva

(2005).
 Markus Krajewski, National Regulation and Trade Liberalization in Services:
The Legal Impact of the General Agreement on Trade in Services (GATS) on
National Regulatory Autonomy, Kluwer Law International, The Hague (2003).
 Trade in Services Negotiations: A Guide for Developing Countries, Sebastian
Saez, World Bank Publication, 2010.
 Impediments to Trade in Services: Measurement and Policy Implications, By C.
Findlay.
49
 Max Planck commentaries on World Trade Law, WTO Trade in Services, By
Rüdiger Wolfrum, Peter-Tobias Stoll, Clemens Feinäugle Legal Guide to GATS,
By Nellie Munin, 2010 Kluwer law International BV, The Netherlands.
 WTO Secretariat, GATS – Fact and Fiction (WTO, 2001). 
 WTO Secretariat, Guide to the GATS – An Overview of Issues for Further
Liberalization (Kluwer Law International, 2000).
 WTO Secretariat, “Part III: The Results of the Uruguay Round for Services” in
Guide to the Uruguay Round Agreements (Kluwer Law International, 1999).
 Werner Zdouc, “WTO Dispute Settlement Practice Relating to the GATS”,
Journal of International Economic Law, 1999, 295-346.
 Aly K. Abu-Akeel, “The MFN as it Applies to Services Trade: New Problems for
an Old Concept”, Journal of World Trade, 1999, Vol. 33, No. 4, 103-129.
 Hoekman B., Mattoo A. and English P. (eds.), Development, Trade and the WTO:
A Handbook (World Bank, 2002).
 Bernard Hoekman and Carlos A. Primo Braga, “Protection and Trade in Services”,
Policy Research Working Paper 1747, World Bank, 1997.
 International Trade Centre, Business Guide to the General Agreement on Trade in
Services, Revised Edition (ITC, 2000).
PART II: TRADE IN AGRICULTURE

 Agriculture in the WTO

 Agriculture and Developing Countries
 Agreement on Agriculture and Other WTO Agreements
TOPIC 8: Agreement on Agriculture
 Market Access
 Domestic Support
 Export Subsidies
 Dispute Settlement
Cases
 European Communities – Regime for the Importation, Sale, and Distribution of

Bananas (“EC – Bananas III”), WT/DS27/ECU, as modified by the Appellate
Body Report WT/DS27/AB/R, adopted 25 September 1997.
 EC – Regime for the Importation, Sale, and Distribution of Bananas (“EC –
Bananas III”) WT/ DS27/R/ECU, WT/DS27/R/MEX, WT/DS27/R/USA, adopted
22 May 1997, WT/DS27/AB/R, adopted 9 September 1997.
 EC – Measures Concerning Meat and Meat Products (“EC – Hormones”),
WT/DS26/R/USA, adopted 18 August 1997, WT/DS48/AB/R, adopted 16
January 1998.
 United States – Tax Treatment for “Foreign Sales Corporations” (“US – FSC”),
WT/DS108/R, adopted 20 March 2000, as modified by the Appellate Body
50
Report, WT/DS108/AB/R.
 GATT Panel Report, United States Tax Legislation (DISC), L/4422 - 23S/98,
adopted in December 1981.
 Appellate Body Report, Canada – Measures Affecting the Importation of Dairy
Products (“Canada – Dairy”), WT/DS103/AB/R and Corr.1, WT/DS113/AB/R
and Corr.1, adopted 27 October 1999.
 Appellate Body Report, Chile – Price Band System and Safeguard Measures
Relating to Certain Agricultural Products (Chile – Price Band System),
WT/DS207/AB/R, adopted 23 October 2002.
 Appellate Body Report, Korea – Definitive Safeguard Measure on Import of
Certain Dairy Products (“Korea – Dairy”), WT/DS98/AB/R, adopted 12 January
2000.
 Korea – Measures Affecting Imports of Fresh, Chilled and Frozen Beef (“Korea –
Various Measures on Beef”), WT/DS161/R, WT/DS169/R, adopted 10 January
2001, as modified by the Appellate Body Report, WT/DS161/AB/R,
WT/DS169/AB/R.
 European Communities – Measures Affecting the Importation of Certain Poultry
Products (“EC – Poultry”), Panel Report, WT/DS69/R, adopted 23 July 1998, as
modified by the Appellate Body Report, WT/DS69/AB/R.
 Japan – Measures Affecting Agricultural Products (“Japan – Agricultural
Products II”), WT/ DS76/R, adopted 27 October 1998, WT/DS76/AB/R, adopted
22 February 1999.
 Australia – Measures Affecting Importation of Salmon (“Australian – Salmon”),
WT/DS18/R, adopted 12 June 1998, WT/DS18/AB/R, adopted 20 October 1998.
Readings
 The Implications of the Uruguay Round Agreement on Agriculture for

Developing Countries - A Training Manual, By Stephen Healy, Richard Pearce, &
Michael Stockbridge.
 M. G. Desta, “The Law of International Trade in Agricultural Products”, Kluwer
Law International, 2002.
 T. E. Josling, S. Tangermann, T. K. Warley, “Agriculture in the GATT”, London,
1996.
 J. A. McMahon, “Trade and Agriculture: Negotiating a New Agreement?”
Cameron May 2001.
Lecture Plan:
LECTURE TOPICS Mode of Delivery

NO
1-2 Introduction Lecture & Interaction
51
3-5 Genesis of GATS Lecture, & Discussion
6-8 Overview of GATS Lecture, self-study, &

Discussion
9-14 Scope and Definition Lecture, self-study, &

Discussion
15-20 General Obligations and Disciplines Lecture, self-study, &

Discussion
21-24 MFN & Transparency Lecture & Discussion
25-32 Specific Commitments Lecture, Discussion
33-37 Progressive Liberalization Lecture, self-study, &

Discussion
38-42 Dispute Settlement Lecture, self-study, &

Discussion
43-48 Agriculture in the WTO, Developing Lecture, self-study, &

Countries and Agriculture Discussion
49-54 Agreement on Agriculture Lecture, self-study, &

Discussion
55-56 GATS and AoA Lecture, self-study, &

Discussion
Total Hours: 60
Class Hours: 57
Continuous Assessments Hours: 03
52
Course Curriculum
SUBJECT: INTERNATIONAL COMMERCIAL ARBITRATION| 10 credit|

Session: January – May 2022 | Faculty: Dr. Nidhi Gupta|
Class: BA/BBA LLB X Semester [Trade and Investment Law Hons.]
A. INTRODUCTION
Arbitration has emerged as one of the most preferred methods for resolution of disputes
arising mainly out of commercial contracts. Its popularity lies in the comparative advantages
it has over litigation process. This is more evident in the realm of commercial transactions
involving cross-border trade and business. Rising acceptance of arbitration in last few
decades has given rise to extensive developments, both at the normative and institutional
levels, in arbitration laws and also in methods of conducting arbitration. While debate
relating to ad hoc v institutional arbitration has given way in favour of latter, arbitrations laws
of different countries have also undergone significant transformations. Indian legal system is
gearing up for institutional arbitration, especially in wake of the recent 2018 Amendment
Bill, Indian arbitration laws and jurisprudence is also in a process of rapid developments,
especially during last decade. Research and training in arbitration laws is something which
needs to be given central importance, especially for the students willing to pursue career in
the world of commercial laws. This course provides a rigorous introduction to the field of
international commercial arbitration, which has become the default means of settling
international disputes. The course will deal with the internationalist elements of the subject
matter, but will also examine international commercial arbitration from an Indian
perspective.
B. COURSE OUTCOMES
[CO.1] To provide students with the fundamental legal and jurisdictional underpinnings of
the international commercial arbitration as a system of dispute resolution,
[CO.2] To offer working knowledge of the Indian and International procedural mechanisms
for conducting international commercial arbitrations, and the enforcement of international
commercial arbitration awards in domestic courts,
[CO.3] To develop critical appreciation for developments in law and jurisprudence relating to
international commercial arbitration,
[CO.4] To make students appreciate the reform areas in ICA and also to appreciate the key
challenges in using arbitration as a method of dispute resolution,
[CO.5] To develop an understanding of investor-state dispute resolution through arbitration.
C. PROGRAM OUTCOMES
53
D. ASSESSMENT PLAN
Continuous Assessment 3 Tests (Best three will be 30

considered)
Project 20
End Term Exam (Closed 50

Book)
E. COURSE OUTLINE
Topic 1- INTRODUCTION TO INTERNATIONAL COMMERCIAL ARBITRATION
 Concept and nature of arbitration

 Hybrid nature of Arbitral Process and the different types of arbitral processes
 Essential Characteristics of International Commercial Arbitration
 Reasons for choosing International Commercial Arbitration and the Increasing
Popularity of Arbitration as a means of commercial dispute resolution
 The Legal basis for arbitration : Paulsson’s three dimensional thesis
 Introduction to the five systems of law interacting in an international commercial
arbitration.
Articles and Book Chapters:

 Mustill, “Arbitration: History and Background” (1989) 6:2 J. Int’l Arb. 43
 Böckstiegel, “The Role of Arbitration within Today’s Challenges to the World
Community and to International Law” 2006 22:2 Arb. Int’l 165.
 Jan Paulsson, “Arbitration in Three Dimensions”, LSE Law, Society and Economy
Working Papers 2/2010 available at : http://ssrn.com/abstract=1536093.
 Brewster, Rachel. "Rule-based dispute resolution in international trade law." Virginia
Law Review (2006): 251-288.
54
 “Overview of International Commercial Arbitration” in Gary Born, INTERNATIONAL
COMMERCIAL ARBITRATION Vol 1, pg 20-65; Kluwers Wolters (2010)
 “An Overview of International Arbitration” in Alan Redfern , J. Martin Hunter , et al.,
REDFERN AND HUNTER ON INTERNATIONAL ARBITRATION, (© Nigel Blackaby, Martin
Hunter, Constantine Partasides, Alan Redfern; Oxford University Press 2009) pp. 1 -
83
 Morris S. Rosenthal, “Arbitration In The Settlement Of International Trade Disputes”,
11 Law & Contmep. Probs. 808.
 UNCITRAL 2012 DIGEST OF CASE LAW ON THE MODEL LAW ON INTERNATIONAL
COMMERCIAL ARBITRATION (1985, WITH AMENDMENTS AS ADOPTED IN 2006) (United
Nations Publication, 2012) pp. 7- 15.
Cases
 TDM Infrastructure Pvt. Ltd vs. UE Development Pvt. Ltd. [2008 (2)
ARBLR439 (SC)]
 Channel Tunnel Group Ltd v Balfour Beatty Construction Ltd [1993] AC 334
 Private Company “Triple V” Inc. Ltd. v. Star (Universal) Co. Ltd. and Sky
Jade Enterprises Group Ltd., High Court—Court of First Instance, Hong
Kong, 27 January 1995
Topic 2: LEGISLATIVE ENACTMENTS REGULATING ARBITRATION AND ICA

IN INDIA
 Legal initiation to law and Jurisprudence relating to Arbitration in Pre-Independence

Era
 The Arbitration Act, 1940 and its Key Features
 Transition from the 1940 Act to 1996 Act
 Main Features of the 1996 Act
 The 2015 Amendment Act
 The 2018 Amendment Bill
Topic 3: ARBITRATION AGREEMENT
 Agreement to Arbitrate
- Capacity of parties to enter into agreement
- New York Convention 1959: Art II and Art V
- Writing requirement [Model law options]
- Meaning of ‘defined legal relationship whether contractual or not’
- Meaning of the Term Commercial
- Parties to an arbitration agreement and Role of Non-Signatories
- Severability
- Arbitrable Subject Matter
- Drafting of Clauses and Model clauses from Institutional Arbitrations
- IBA Guidelines for Drafting International Arbitration Clauses, 7 October
2010
55
 Leboulanger, “The Arbitration Agreement: Still Autonomous?” in Albert Jan van den
Berg (Ed.), International Arbitration 2006: Back to Basics? ICCA Congress Series
2006 Montreal 13 (Kluwer Law International 2007) p. 3.
 Niel Kaplan, QC, “Is the Need for Writing as Expressed in the New York Convention
and the Model Law Out of Step with Commercial Practice?” [1996] Vol 12 No 1
Arbitration International 27
 Adam Samuel, “Separability …some awkward questions”, [2000] ADRLJ 36
 Lawrence Boo, “The Writing Requirement- Is there really a need for change?”, [2008]
DRI vol 2, no 1, 75
 Ross B. Bricker, Courtney M. Beemer, and Amy D. Wills, “Creative Drafting of
Arbitration Clauses: Resurrecting Arbitration’s Benefit by Moving Beyond the
Boilerplate”
 John M. Townsend, “DRAFTING ARBITRATION CLAUSES: Avoiding the 7
Deadly Sins”
Cases:
1. Smith Ltd. v. H&S International, 1991 2 Lyod’s Reports 127
2. Union of India v. Mc Donnell Douglas Corp., 1993 2 Llyod’s Report 48
3. Sapphire International Petroleum v. National Iranian Oil Co.(1964) 13 ICLQ 1011
4. American Independent Oil Co. Inc. v. State of Quwait, (1982) 21 ILM 976
5. Fili Shipping Company Ltd v Premium Nafta Products Limited (Fiona Trust) [2007] 2
All ER 1053
6. Mitsubishi Motors Corporation v. Soler Chrysler-Plymouth, 105 S Ct 3346
7. CLOUT 406 (Bundesgerichtshof; II ZR 373/98 ) and 407(Bundesgerichtshof; III ZB
55/99) - German Supreme Court
8. World Sport Group v MSM Satellite Arising out of S.L.P. (C) No. 34978 of 2010)
[Decision of January 24, 2014]
9. Kaverit Steel Crane v Kone, 1974 (2)NZ;R 246,
Topic 4: ARBITRAL TRIBUNAL
 Establishment of Arbitral Tribunal

- Constitution of Tribunal
- Appointment of Arbitrators
- Impartiality and Independence of Arbitrators
- Challenge and Replacement of Arbitrators
 Jurisdiction of the Tribunal

- Powers & Duties of Arbitrators
- Challenges to Jurisdiction
- Determination of Jurisdiction
- Kompetenz – Kompetenz Principle
Articles:
 Singhal, “Independence and Impartiality of Arbitrators” (2008) Int’l Arb. L. Rev. 124
 John J. Barceló, “Who Decides the Arbitrators’ Jurisdiction? Separability and
Competence-Competence in Transnational Perspective”, 1116 Vanderbilt Journal of
Transnational Law, Vol. 36, [2003]
56
 Chatterjee, “The Reality of the Party Autonomy Rule in International Arbitration”
(2003) 20:6 J. Int’l Arb. 539.
 Rogers, “The Vocation of the International Arbitrator” (2005) 20 Am. U. Int’l L. Rev.
957.
 Franck, “The Role of International Arbitrators” (2006) 12 ILSA J. Int’l & Comp. L.
499
 William W. Park, “The Arbitrator’s Jurisdiction to Determine Jurisdiction”, 13 ICCA
Congress Series 55, ICCA Congress, Montréal 2006
 Alan Scott Rau, On Integrity in Private Judging, Arbitration International, (© LCIA;
Kluwer Law International 1998, Volume 14 Issue 2) pp. 115 - 156
 Charles B. Rosenberg, The Death of the Two-Headed Nightingale: Why the Paulsson–
van den Berg Presumption that Party-Appointed Arbitrators are Untrustworthy is
Wrongheaded, Arbitration International, (© LCIA; Kluwer Law International 2013,
Volume 29 Issue 1) pp. 7 - 44
 R. Doak Bishop and Lucy Reed, Practical Guidelines for Interviewing, Selecting and
Challenging Party-Appointed Arbitrators in International Commercial Arbitration,
Arbitration International, (© LCIA; Kluwer Law International 1998, Volume 14 Issue
4) pp. 395 - 430
 IBA Guidelines on Conflicts of Interest in International Arbitration, 2004
Cases:
1. SBP & Co v Patel Enggineering Ltd [2005] 8 SCC 618
2. NTPC Ltd v Siemens Atkeingesellschaft AIR 2007 SC 1491
3. Pando Compania Naviera SA v. Filmo SAS, (1975) 1 QB 742
4. Commonwealth Coatings Corp. v. Continental Causality Co. 393 U.S 145 (1968)
5. AT & T Corporation v Saudi Cable [2000] 2 Lloyd's Rep 127
6. Commonwealth Coatings Corp v Continental Casualty 393 US 145 (1968)
7. AAY and others v AAZ [2009] SGHC 142
8. Pan Atlantic Group Inc. v. Hassneh Insurance Co. of Israel Ltd, [1992] ADRLJ 179
9. Veritas Shipping Corp. v. Anglo-Canadian Cement Ltd [1966] 1 Lloyd’s Rep. 76, 77
(QB) (English High Ct.).
Topic 5: APPLICABLE LAWS

Law Governing the Arbitration Agreement
The Lex Arbitri - Seat Theory v Delocalisation theory; the ICSID Model
Applicable Substantive Law
Determination of Applicable Law in absence of Express Choice
Controversy relating to applicability of Indian Law in Foreign Seated
Arbitrations
 “Applicable Laws” in Alan Redfern , J. Martin Hunter , et al., REDFERN AND HUNTER
ON INTERNATIONAL ARBITRATION, (© Nigel Blackaby, Martin Hunter, Constantine
Partasides, Alan Redfern; Oxford University Press 2009)
 Michael Pryles, Choice of Law Issues in International Arbitration, Vol 63 No 3
Arbitration Int’l 200-209
 Craig M. Gertz, The Selection of Choice of Law Provisions in International
Commercial Arbitration: A Case for Contractual Depecage, 12 Nw. J. Int'l L. & Bus.
163 (1991-1992)
57
 Carlo Croff, The Applicable Law In An International Commercial Arbitration: Is It
Still A Conflict Of Laws Problem?, The International Lawyer, Vol. 16, No. 4 (Fall
1982), pp. 613-645
 Chapter 19: Choice of Substantive Law in International Arbitration in Gary B. Born ,
International Commercial Arbitration, Second Edition (© Kluwer Law International;
Kluwer Law International 2014) pp. 2614 - 2778
Cases
1. Kabab-ji SAL v Kout Food Group, 2021 UKSC 48, October 27, 2021
2. Enka Insaat v Insurance Compant Chubb, 2020 UKSC 38
3. Sulamérica Cia Nacional De Seguros S.A. and others v Enesa Engenharia S.A [2012]
EWCA Civ 638
4. Arsanovia Ltd v Cruz City 1 Mauritius Holdings [2013] 2 All ER 1
5. Habas Sinai Ve Tibbi Gazlar Istihsal Andustrisi AS v VSC Steel Company Ltd [2013]
EWHC 4071 (Comm)
6. The Libyan Oil Nationalisation Arbitrations (Texaco, BP Oil, Liamco) (1981) VI
7. Sapphire International Petroleum Ltd. v The National Iranian Oil Company, (1964)
13 ICLQ 1011
8. Naviera Amazonica Peruana SA v. Compania Internacional de Seguros del Peru
[1988] 1 Lloyd’s Rep. 116, 118 (English Ct. App.)
9. Abu Dhabi Inv. Auth. v. Citigroup, Inc., No. 13-1068-cv (2d Cir. Feb. 19, 2014)
10. Konkar Indomitable Corp. v. Fritzen Schiffsagentur und Bereederungs GmbH, 1981
U.S. 9637 (S.D.N.Y.)
11. B v. A [2010] EWHC 1626
12. Zurich Ins. Co. v. Ennia Gen. Ins. Co., 882 F.Supp. 1438, 1440 (S.D.N.Y. 1995)
13. Final Award in ICC Case No. 12112, XXXIV Y.B. Comm. Arb. 77, 81 (2009)
Topic 6: ARBITRATION PROCEDURE
 Interim Measures
 Pre-hearing Procedure & Evidence Gathering - Conflict of Laws Issues
 Hearings
 Privacy and Confidentiality
 Judicial Intervention
Articles:
 Paulsson, “The Timely Arbitrator: Reflections on the Böckstiegel Method” in Law
of International Business and Dispute Settlement in the 21st Century, Liber
Amicorum Karl-Heinz Böckstiegel (2001) 607.
 Jason Fry, “Interim Measures Of Protection: Recent Developments And The Way
Ahead”, Int. A.L.R. 2003, 6(5), 153-160
 IBA Rules on the Taking of Evidence in International Arbitration, 2010
 Matthias Schrerer “The Limits of the IBA Rules on the Taking of Evidence in
International Arbitration: Document Production based on Contractual or Statutory
Rights”, (2010) 13 Intl Arb LR 195-200.
58
Cases:
1. Delphi Petroleum Inc v Derin Shipping and Trading Ltd (1993) 73 FTR 241
2. Overseas Fortune Shipping Pvt Ltd v Great Eastern Shipping Co Ltd [1987] 1 Loyds
Rep. 270
3. Brandeis v Brokers Ltd v Black [2001] 2 All ER 980
4. Derby and Co Ltd v Weldon (No 9) [1991] 2 All ER 901
5. Esso Australia Resources Ltd v Plowman (1995) 183 CLR 10
6. Bulgarian Foreign Trade Bank v A.I. Trade Finance Inc (2000) 15(12) Mealey's
International Arbitration Report 44 and 52 (Swedish Supreme Court)
7. Metalclad Corporation v United Mexican States, Final Award, 2 September 2000
8. Mitsui Engineering and Shipbuilding Co Ltd v Easton Graham Rush and Another,
[2004] 2 SLR 14
9. United States v. Panhandle Eastern Corp. et al. , 118 F.R.D. 346 (1988, Del)
10. Amazon.Com NV Investment Holdings v Future Retail Ltd. , Civil Appeals no. 4492-
93 of 2021, Supreme Court, Decided on August 6, 2021
Topic 7: ARBITRAL AWARD AND ITS ENFORCEMENT

- Types of Awards
- Formal Requirements of an Award
- International Conventions
- Recourse against Arbitral Award
- Judicial Review of Awards
- Grounds to Refuse Enforcement
 “Chapter 26: Recognition and Enforcement of International Arbitral Awards” in

Gary B. Born , International Commercial Arbitration, Second Edition (© Kluwer Law
International; Kluwer Law International 2014) pp. 3394 - 3731
 Sumeet Kachwaha, Enforcement of Arbitration Awards in India, Asian International
Arbitration Journal, Vol. 4, No 1, pp-64-82
 Fali S. Nariman, Application of the New York Convention in India, Journal of
International Arbitration, 2008 Vol. 25, Issue 6 pp. 893 – 898.
 Nadia Darwazeh and Friven Yeoh, Recognition and Enforcement of Awards under the
New York Convention, Journal of International Arbitration, 2008 Volume 25 Issue 6,
pp. 837 - 856
 Aakanksha Kumar, “Foreign arbitral awards enforcement and the public policy
exception - India's move towards becoming an arbitration-friendly jurisdiction”, Int.
A.L.R. 2014, 17(3), 76-85
Cases:
1. Chiswell Shipping Ltd v State Bank of India [1987] 1 Lloyd’s Report 157
2. Hassal v Childrens’ & Womens’ Health Centre of British Columbia [2001] BCD Civ
J 2705
59
3. European Grain and Shipping Ltd v Johnson [1982] 3 All ER 989
4. Agrimex Ltd v Tradigrain SA [2003] EWHC 1656
5. Renusagar Power Corp Ltd v General Electric Co AIR 1994 SC 859
6. ONGC v SAW Pipes Ltd AIR 2003 SC 2629
7. Venture Global Engineering v Satyam Computer Services Ltd AIR 2008 SC 1061
8. Phulchand Exports v OOO Patriot (2011) 10 SCC 300, SC Decision, October 12,
2011
9. Shri Lal Mahal Ltd v Progetto Grano Spa Civil Appeal No.5085 of 2013, SC
Decision of July 3, 2013.Soleimany v Soleimany [1998] 3 WLR 811
10. Enercon (India) Ltd v Enercon GMBHCivil Appeal No. 2006 of 2014, February 14,
2014.
11. Creighton v Quatar (2000) XXV Yearbook of Commercial Arbitration 458, decision
of the Cour de cassation of July 6, 2000
12. Ambassade de la Federation de Russie en France v Compagnie NOGA d’Importation
et d’Exportation SA, Cour d’Appel de Paris (1 Ch. A) August 10, 2000, (2001) XXVI
13. Indian Organic Chemical Ltd. v. Subsidiary 1(US) Subsidiary 2 (US) and Chemtex
Fibres Inc. (1979) IVYB Commr. Arb. 271.
14. Astro Nusantara International BV v PT Ayunda Prima Mitra [2012] SGHC 212
15. Ssangyong Engineering and Construction Co. Ltd. v NHAI, (2019) 15 SCC 131
Topic 8: CISG and Arbitration

- Introduction to the Convention on International Sale of Goods and its relevance as a
convention on uniform substantive law
 Jeffrey Waincymer, The CISG and International Commercial Arbitration: Promoting
a Complimentary Relationship Between Substance and Procedure,
http://www.cisg.law.pace.edu/cisg/biblio/waincymer2.html
 Robert Koch, “The CISG as the law applicable to Arbitration Agreements”
http://www.cisg.law.pace.edu/cisg/biblio/koch5.pdf
Chapter 7, Arbitration as an Alternative to National Courts, in Joseph F. Morrissey,
Jack M. Graves, International Sales Law and Arbitration: Problems, Cases and
Commentary(Kluwer Law International, 2008).
 Eugenio V. Villanueva, JR., International Law of Sales, Contracts, and Arbitration,
The International Lawyer, Vol. 7, No. 4 (October 1973), pp. 830-837
Topic 9: INVESTMENT TREATY ARBITRATION
 Growth of investment arbitration

 Investor protection
 Overlap of Treaty-Based rights and contract-based rights
 Overview of the ICSID System
 Investment Treaty Arbitration: The Indian Experience [Vodafone, Dabhol, White
Industries, Cairn Energy, Antrix v Devas cases]
 Anti Arbitration Injunctions
60
 Emerging forms of ISDS : The UNCITRAL ICS System, the CETA ICS and its
Constitutional Challenges, The EU Proposed ICS Model in TTIP and its
constitutional challenge in Germany

 Chapter 13: Recognition and Enforcement of International Arbitral Proceedings and
Awards in R. Doak Bishop , James Crawford , et al. (eds), Foreign Investment
Disputes: Cases, Materials and Commentary, (Kluwer Law International; Kluwer Law
International 2014) pp. 1177 - 1276
 W Michael Reisman, International Investment Arbitration and ADR: Married But
Best Living Apart, ICSID Review, 2010
 Luke Nottage and J.Romesh Weeramantry , Investment Arbitration in Asia: Five
Perspectives on Law and Practice , Arbitration International, 2012 Volume 28 Issue 1
pp. 19 - 62
 Gus Van Harten and Martin Loughlin, “Investment Treaty Arbitration as a Species of
Global Administrative Law”, EJIL (2006), Vol. 17 No. 1, 121–150
 Prabhash Ranjan & Deepak Raju, “The Enigma of Enforceability of Investment
Treaty Arbitration Awards in India”, Asian Journal of Comparative Law, Vol. 6: Iss.
1, Article 5,(2011)
 Thomas Kendra and Anna Bonini, Dealing with Corruption Allegations in
International Investment Arbitration: Reaching a Procedural Consensus?, Journal of
International Arbitration, (© Kluwer Law International; Kluwer Law International
2014, Volume 31 Issue 431 4) pp. 439 - 453
 Prabhash Ranjan, “The White Industries Arbitration: Implications for India’s
Investment Treaty Program” Investment Treaty News, April 13, 2012
Cases
1. White Industries Australia Limited v. The Republic of India, UNCITRAL Award of
Nov 30, 2011
2. National Gas S.A.E. v. Arab Republic of Egypt, ICSID Case No. ARB/11/7
3. BG Group PLC v. Republic of Argentina, US Supreme Court decision of March 5,
2014
SUGGESTED READINGS
 Gary B. Born, International Commercial Arbitration, Third Edition (Kluwer Law

International; Kluwer Law International 2021).
 Rene David, Arbitration in International Trade, Kluwer Law and Taxation, The
Hague, 1985
 Julian D M Lew, Comparative International Commercial Arbitration, Kluwer Law
International, The Hague, 2003
 David Sutton (et.al.), Russell on Arbitration, Sweet & Maxwell, London, 1997
61
 Alan Redfern and Martin Hunter (eds.), Law and Practice of International
Commercial Arbitration, Sweet & Maxwell, London, 2004
 Herbert Kronke (et.al.), Recognition and Enforcement of Foreign Arbitral Awards: A
Global Commentary on New York Convention, Kluwer Law International, The
Hague, 2010.
 Simon Greenberg et al., International Commercial Arbitration: An Asian-Pacific
Perspective Cambridge University Press, 2011.
 Loukas A. Mistelis et al., International Arbitration and International Commercial
Law: Synergy Convergence and Evolution, Wolters Kluwer, New York , 2011
 Jan Paulsson, The Idea of Arbitration, Oxford, 2013.
Lecture Plan

No.
1-4 Introduction to Arbitration Lecture, Case Studies,
Problem based Exercises
5-9 Legislative Framework for ICA in India Lecture, Discussions
10-11 Meaning of the Term- ICA in India and the Lecture, Problem based
related controversy Exercise
12-14 Arbitration Agreement: Capacity of parties Lecture, Case Studies,
to enter into agreement; New York Problem based Exercises
Convention 1959: Art II and Art V; Writing
requirement [Model law options]; Meaning
of ‘defined legal relationship whether
contractual or not’; Meaning of the Term
Commercial
15 Parties to an Arbitration Agreement- Role Lecture, Case Studies,

of Signatories and Non-Signatories Problem based Exercises
16-17 Concept of Severability Lecture, Case Studies,
18-19 The Concept of Arbitrability of Disputes Lecture, Case Studies,
and its Expanding Scope Problem based Exercises
20-23 Arbitral Tribunal: Constitution and Lecture, Case Studies,
Composition Problem based Exercises
24-26 Impartiality and Independence of Lecture, Case Studies,
Arbitrators Problem based Exercises
-27-28 Challenge and Replacement to Arbitrators Lecture, Case Studies,
29-30 Powers and Duties of Arbitrators Lecture, Case Studies,
31-34 Determination of Jurisdiction and Issues Lecture, Case Studies,
relating to Jurisdiction of Arbitral Problem based Exercises
Tribunals; Principle of Kompetenz-
Kompetenz
62
35-38 Laws Applicable in ICA, Controversy Lecture, Case Studies,
Relating to Applicability of Indian Laws in Problem based Exercises
Foreign Seated Arbitration
39-41 Arbitration Procedure: Interim Measures- Lecture, Case Studies,
Role of Courts, Powers of Arbitral Tribunal Problem based Exercises
42-43 Pre-hearing Procedure & Evidence Lecture, Case Studies,
Gathering - Conflict of Laws Issues Problem based Exercises
44-45 Privacy and Confidentiality of Hearings Lecture, Case Studies,

46 Immunity to Arbitrators Lecture, Case Studies,
47-51 Enforcement of Awards: Issues and Lecture, Case Studies,
Challenges Problem based Exercises
52-56 Investment Treat Arbitration Lecture, Case Studies,
Total Hours: 60
Lecture Hours: 57
63
Course Curriculum
LAW RELATING TO CYBER CRIMES| 10 Credits |
Session: January- May 2022| Faculty: Ms. Preeti Badola |
Class: BA/BBA LL.B X SEMESTER(Criminal Law Hons.)
A. INTRODUCTION
The emergence of modern information and technology-based societies in which the

exercise of economic, political, and social power increasingly depends on the opportunities to
access, manipulate, and use information and information infrastructure has created opportunities
enforcement and national security responses. To deal with the new emerging menace of cyber
crime we have only one legislation in place, IT Act, 2000 which did not deal with much of
internet crime. Even though the 2008 amendment Act took care of some major internet crimes
we are still lacking in many areas.
One of the important objective of this course to lay down policy for various issues
regarding internet crimes for India taking into account the global initiatives. This course explores
how a "networked" world has bred new crimes and new responses, and investigates how
information and communication technology (ICT) has become a tool, a target, and a place of
criminal activity and national security threats, as well as a mechanism of response. This course
addresses such questions as how emerging technologies challenge existing laws and criminal
procedures; how nation-states regulate criminal conduct across traditional geographic and
political boundaries; what reasonable expectations of privacy are in cyberspace; and how control
is shifting from traditional mechanisms of law enforcement to new regulatory regimes, including
technology.
B. COURSE OUTCOMES
[CO.1] Acquaint with the basic rationale and various terminologies involved in the
criminal legal framework dealing with Cyber Space in India
[CO.2] Conceptualize the core of criminal liability and penal sanction in Cyber
Crimes
[CO.3] Encapsulate the national as well as international legal framework of cyber-
space and its various procedural intricacies
[CO.4] Identify and categorise the nature of various cyber-crimes and precise legal
provisions dealing thereto
[CO.5] Inspect the components of cyber investigation, adjudication and trial
applicable under concerned legal enactments
[CO.6] Analyse the role, functioning and liabilities of entities forming the canvas of
cyber space
[CO.7] Describe the contents of cyber activities resulting into cyber crimes
[CO.8] Indicate the synthesis of various national as well as international legal norms
dealing with cyber crimes
[CO.9] Analyse the judicial ethos dealing with cyber-crimes and its reflection under
contemporary cyber laws in India.
64
C. PROGRAM OUTCOMES
[PO.1].Demonstrate the ability to think like a lawyer and basic proficiency in professional
[PO.2].Demonstrate communication skills, including effective listening and critical reading,
[PO.3].Demonstrate the ability to conduct domestic and international legal research and
[PO.4].An appreciation, understanding, and inculcation of the moral, ethical, and professional
[PO.5].Reviews and critically appraises legal literature and evidence for the purpose of
ongoing improvement of the practice of law and exhibits commitment and aptitude for life-
long learning and continuing improvement;
[PO.6].Understand the impact of professional lawyering skills in societal and environmental
[PO.7].Using technology in legal practice
[PO.8].Equip with knowledge, passion and drive to excel as leaders in the legal profession,
[PO.9].Explore and understand specific issues relating to workplace such as time
-
D. ASSESSMENT PLAN
Criteria Description Weghtage (%)

3 Test (best 2 will be 30%
Continuous Assessment considered)
Project 20%
End Term Exam Closed Book 50%
TOPIC- I. Nature and Concept of Cyber Crimes

 Classification of Cyber Crimes
 Fundamental aspects of Cyber Crimes: Mensrea and actus reaus,
65
 Types of cyber offences to be criminalized: Spamming, hacking, cyber stalking, theft of
service, denial of service attacks, salami slicing, data transfer fraud,
 Computer Viruses, Time Bombs, Trojans, Malicious Code (Malware)
Readings:
 US v. SABLAN, 92 F.3d 865 (1995) (relationship of "mens rea" to "damages," and how are
damages calculated).
 US v. MIDDLETON, 231 F.3d 1207 (2000) (Factual Background, pp. 1208-09, Part B.
Damages, p. 1213, and Part C. Sufficiency of Evidence, pp. 1213-14).
 Jyh-An Lee, Hacking into China's Cybersecurity Law, 53, Wake Forest L. Rev. 57 (2018).
 Josh Goldfoot; Aditya Bamzai, A Trespass Framework for the Crime of Hacking, 84 Geo. Wash.
L. Rev. 1477, (2016).
 Sara Sun Beale; Peter Berris, Hacking the Internet of Things: Vulnerabilities, Dangers, and Legal
Responses, 16 Duke L. & Tech. Rev. 161 (2017-2018).
 Maneela, Cyber Crimes: The Indian Legal Scenario, 11, US-China L. Rev. 570 (2014).
 Danielle Keats Citron, Addressing Cyber Harassment: An Overview of Hate Crimes in

Cyberspace, 6 Case W. Res.J.L. Tech. & Internet 1 (2014-2015)
TOPIC –II: Cyber Crimes and Procedural Aspects:

 Investigating Internet Crime: cyber cells, search, seizure, digital evidence
 Prosecution of internet crime.
 Online intermediary liability
 Admissibility of electronic records and issues in the admission of digital evidence
 International aspects and Jurisdictional issues
 Budapest convention.
Readings:
 Milana Pisaric, Electronic Records as Digital Evidence, 43 Zbornik Radova 519 (2009).
 Jacqueline J. DeGaine, Digital Evidence, 2013 Army Law. 7 (2013).
 Paul W. Grimm; Daniel J. Capra; Gregory P. Joseph, Authenticating Digital Evidence, 69 Baylor
L. Rev. 1 (2017).
 Mrinalini Singh; Shivam Singh, Cyber Crime Convention and Trans Border Criminality, 1
Masaryk U. J.L. & Tech. 53 (2007).
TOPIC – III: Cyber Terrorism, Pornography, and online gambling

 Need for comprehensive national cyber security
 Monitoring and surveillance of potentially harmful websites
 Cyber Crime and fund raising
 Cyber network based attacks
 Pornography in India: policy and regulation.
66
 Child porn and the law
 Sending offensive messages S 66A
 Voyeurism S 66E
 Sexually explicit content and child pornography S 67A ND s 67B
 Policy problems with a national or cyberspace standard
 Constitutional and statutory rules governing obscenity
 Online Gambling: UNLAW FUL INTERNET GAMBLING ENFORCEMENT ACT OF
2006(enacted as Title VIII of the Security and Accountability For Every Port Act of 2006 or
SAFE Port Act, Pub. L. 109-347):
Statutes:
 Communications Decency Act of 1996 (Title V of the Telecommunications Act of 1996).
 Child Online Protection Act (COPA) of 1998 (47 U.S.C. 231). (Cf. Children's Online Privacy
Protection Act of 1998 (COPPA) 16 USC 6501-6506).
 Children's Internet Protection Act (CIPA) of 2000 Children’s Internet Protection Act (CIPA),
Pub. L. No. 106-551, Div. B., Tit. XVII, 114 Stat. 2763A-335 (2000).
 Child Protection and Obscenity Enforcement Act of 1988 (Pub. L. 100–690, title VII, subtitle N
(§7501 et seq.), Nov. 18, 1988, 102 Stat. 4485, 18 U.S.C. § 2251 et seq.) (enforced through "2257
Regs" guidelines, 28 CFR 75).
Readings:
 Dan-Calin Besliu, Cyber Terrorism - A Growing Threat in the Field of Cyber Security, 6 Int'l J.
Info. Sec. & Cybercrime 35 (2017).
 Loan Marcel, The Components of Cyber-Terrorism, 2 Int'l J. Info. Sec. & Cybercrime 49 (2013).
 Ioana Martin, Cyber Security Strategies - An Overview, 4 Int'l J. Info. Sec. & Cybercrime 33
(2015).
 Gerard V. Bradley, Prolegomenon on Pornography, 41 Harv. J. L. & Pub. Pol'y 447 (2018).
 Godwin Tan, Is Pornography Merely Obscene: Feminist Perspectives on the Regulation of
Pornography, 5 UK L. Student Rev. 97 (2017).
 Shannon Russell, The Criminalisation of Extreme Pornography: Legitimacy and Scope, 3
Edinburgh Student L. Rev. 51 (2017).
 Avinash Bajaj v State, 116(2005)DLT427
 Fimbros v State of Kerala, AIR 2006 Ker 279
 Ashcroft v. ACLU, 542 U.S. 656 (2004).
 MILLER v. CALIFORNIA, 413 U.S. 15 (1973) (Miller Test - community standards; "lacks
serious literary, artistic, political, or scientific value").
 U.S. v. AMERICAN LIBRARY ASSOC., 539 U.S. 194 (2003) (LII) (upholding Children’s
Internet Protection Act (CIPA).
TOPIC – IV: Online fraud issues and challenges:

 Identity Theft; Intellectual Property Theft;
 Theft of computer resource S66B
 Identity theft and impersonation S 66C and S66D
 Tampering with the source code S65,
 Syed Asifuddin v The State of Andhra Pradesh, 2005 Crilj 4314.
Readings:
 Eric Holm, The Darknet: A New Passageway to Identity Theft, 6 Int'l J. Info. Sec. & Cybercrime
41 (2017).
67
N. S. Nappinai, Cyber Crime Law in India: Has Law Kept Pace with Engineering Trends - An Empirical
Study, 5 J. Int'l Com. L. & Tech. 22 (2010)
LECTURE PLAN:
Lecture No. Topic Mode Of Delivery

1-3  Classification of Cyber Crimes Lecture and
 Fundamental aspects of Cyber Crimes/Cyber Interaction
offences/Online Crimes: Mensrea and actus reaus,
4-6  US v. SABLAN, 92 F.3d 865 (1995) (relationship Lecture,

of "mens rea" to "damages," and how are damages Interaction,
calculated). Discussions
 US v. MIDDLETON, 231 F.3d 1207 (2000)
(Factual Background, pp. 1208-09, Part B.
Damages, p. 1213, and Part C. Sufficiency of
Evidence, pp. 1213-14).
7-11  Need for criminalization of offences in cyber Lecture, Self

space Study, Discussion
 Types of cyber offences to be criminalized
12-16  International dimensions to cyber crimes – Lecture, Self

Budapest convention. Study, Discussion
 Online intermediary liability
 Computer Viruses, Time Bombs, Trojans,
Malicious Code (Malware)
17-22  Investigating Internet Crime: cyber cells, search, Lecture, Self

seizure, digital evidence Study, Discussion
 Computer forensics
 Prosecution of internet crime,
23-27  Admissibility of electronic records and issues in Lecture, Self

the admission of digital evidence Study, Discussion
 International aspects and Jurisdictional issues
28-30  Need for comprehensive national cyber security Lecture, Self

 Monitoring and surveillance of potentially Study, Discussion
harmful websites
31-35  Cyber Crime and fund raising Lecture, Self
 Cyber network based attacks Study, Discussion
 Should sentencing law and policy take into
account the differences between traditional crimes
and cyber crimes
 Cyber security measures: Computer Emergency
Response team. NERT
68
36-46 Pornography and online gambling Lecture, Discussion
47-50  Identity Theft; Intellectual Property Theft; Lecture, Discussion

 Theft of computer resource S66B
50-54  Identity theft and impersonation S 66C and S66D Lecture, Self
 Tampering with the source code S65, Study, Discussion
55-57  Syed Asifuddin v The State of Andhra Pradesh, Lecture, Self

2005 Crilj 4314. Study, Discussion
Total Hours: 60
Lecture Hours: 57
Continuous Assessment Tests: 03
69
Course Curriculum
COMPARATIVE CRIMINAL LAW |10 Credits |

Session: January- May 2022| Faculty: Renjith Thomas|
Class: BA/BBA LL.B X SEMESTER (Criminal Law Hons.)
A. INTRODUCTION
This course will look at Comparative Law as a discipline, focusing on its method, history, and
contemporary problems. It will also examine selected Criminal Law issues in different
jurisdictions and administration of criminal justice in these jurisdictions from a comparative
perspective. This course will have a comparative analysis of both substantive and procedural
criminal laws.
B. OBJECTIVE OF THE COURSE
The objectives of this course are:
 To understand the general principles of criminal liability underlying the Indian criminal
justice system and to compare them with other jurisdictions.
 To understand the relationship between substantive criminal law and criminal procedure
in relation to issues such as the principles of territoriality, equality before the law
including the right to a fair trial, and the right to legal representation in the civil and
common law systems.
 To acquire basic knowledge of the procedures for investigating, prosecuting and judging
crimes in both adversarial and inquisitorial-based systems.
C. COURSE OUTCOME
At the end of the course, students will be able:
[CO.1]. To gather knowledge of enforcement system in a comparative framework and they will
be acquainted with different systems of criminal law and criminal procedure.
[CO.2]. To apply relevant theories and laws in Criminal Law in diverse jurisdictions.
[CO.3]. To make connections to theories and readings when analysing comparative Criminal
Law issues; and theorize, generalize, and hypothesize on these issues.
[CO.4]. To gain important skills in evaluating sources, researching, writing, normative analysis
of text, as well as some oral argumentation in Comparative Criminal Law.
70
D. PROGRAM OUTCOMES
lawyering skills to perform competent legal analysis, reasoning, and problem solving in domestic
and international law contexts;
[PO.5]. Reviews and critically appraises legal literature and evidence for the purpose of ongoing
improvement of the practice of law and exhibits commitment and aptitude for lifelong learning
and continuing improvement;
judiciary, public service, non-profit & non-governmental organizations, entrepreneurships, and
corporate entities
[PO.9]. Explore and understand specific issues relating to workplace such as time management,
discipline, workplace culture, team work, giving and receiving feedback, and achieving balance
in one’s life in a multidisciplinary environment.
D. ASSESSMENT PLAN

considered)
Project 20%
71
COURSE OUTLINE
TOPIC1: LEGAL CULTURES AND CRIMINAL JUSTICE SYSTEM
 Introduction, Aims and Methods.

 Common Law & Civil Law
 Socialist Law
 Islamic Law
 Origin of criminal law
 presumption of innocence
 Principles of legality, Classification of offences – kinds of punishments
Recommended Readings:
Book Chapters
1. Ashworth, Andrew, and Michael Redmayne. The Criminal Process. 5th ed. Oxford:
Oxford University Press, 2019.
2. Dammer, H. R. and Albanese, J. S. Comparative criminal justice systems, 5th edition.
Belmont, CA: Cengage/Wadsworth, 2014.
3. Pakes, F. Comparative Criminal Justice. Gloucester, UK: Willan Publishing, 2004.
4. Reichel, P. Comparative Criminal Justice Systems, 7th edition. Upper Saddle River, NJ:
Pearson, 2018.
5. Terrill, R. World Criminal Justice Systems: A Comparative Survey, 8th edition.
Cincinnati, OH: Anderson Publishing, 2012.
6. M.A. Dupont-Morales, Michael K Hooper & Judi Schmidt (eds), Handbook of Criminal
Justice Administration, Marcel Dekker Publishers, New York, 2000
7. Tim Newburn and Richard Sparks (eds), Criminal Justice and Political Cultures, Willan
Pub., Cullompton, 2004
8. Hannah Arendt, Eichmann in Jerusalem: A Report on the Banality of Evil, Penguin Pub.,
London,2006
9. Alison Liebling and Shad Maruna (eds), The Effects of Imprisonment, Willan Pub.,
Cullompton,2006
Articles:
1. Dubber, Markus D., “Criminalizing Complicity: A Comparative Analysis,” 5 Journal of

International Criminal Justice (2007), 977.
2. Dubber, Markus D., “Theories of Crime and Punishment in German Criminal Law,” 53
American Journal of Comparative Law (2006), 679.
3. Hörnle, Tatjana, “Distribution of Punishment: The Role of a Victim’s Perspective,” 3
BuffaloCriminal Law Review (1999), 175.
72
4. David F. Forte, Comparative Criminal Law and Enforcement: Islam, Encyclopedia of
Crime and Justice, New York, 2002 pp. 192-199
5. US Department of Justice, World Factbook of Criminal Justice Systems, Bureau of
Justice " Statistics Washington DC. 1993
TOPIC 2: ASPECTS OF COMPARATIVE CRIMINAL POLICY
 Systems of Administration of Criminal Justice (Adversarial & Inquisitorial)

 Hierarchy of criminal courts and their jurisdiction
 Policing and Prosecution
 Law of arrest and procedure – rights of arrested and accused – evidentiary value of
statements – bail procedure
 Power and functions of judicial officer in investigation- prosecuting agencies- role of
public prosecutor.
Book Chapters
Pearson, 2018.
6. Charles B. Fields and Richter H. Moore, Comparative and International Criminal Justice:
Traditional and Nontraditional Systems of Law and Control, 2" Edition, Waveland Press
Inc., Long Grove Illinois, 2005
7. M.A. Dupont-Morales, Michael K Hooper & Judi Schmidt (eds), Handbook of Criminal
Justice Administration, Marcel Dekker Publishers, New York, 2001
8. Tim Newbum and Richard Sparks (eds), Criminal Justice and Political Cultures, Willan
Pub, Cullompton, 2004
9. Peter J. Koppen and Steven D. Penrod (eds), Adversarial versus Inquisitorial Justice:
Psychological Perspectives on Criminal Justice Systems, Kluwer Academic/Plenum
Publishers, New York, 2003
Articles:
1. Anderson, policing the World: Interpol and the Politics of International Police Co-
Operation, Clarendon Press, Oxford, 1989
73
2. J. Vagg, Context and Linkage: Reflections on Comparative Research and
'Internationalism' in Criminology, British Journal of Criminology, Vol. 33,1993, pp. 541-
554
TOPIC 3: PROCEDURAL ASPECTS FROM A COMPARATIVE PERSPECTIVE
 Types of trial – speedy justice – role of judge, prosecution and defense attorney during
trial,
 Punishment and Sentencing process.
 Victim’s role in penal process
 Plea bargaining
 Appeal procedure – legal aid – public participation in criminal justice.
 Probation and Community Punishment
 Extradition
 Mutual Legal Assistance
Book Chapters
1. Brown, David, David Farrier, Sandra Egger, Luke McNamara, and Alex Steel. Criminal
Laws: Materials and Commentary on Criminal Law and Process in New South Wales 4th
ed. Sydney: Federation Press, 2006.
2. Keith Bryett and Osborne, Criminal Prosecution, Procedure and Practice:
International Perspectives, Stationery Office, Belfast, 2000
Pearson, 2018.
Articles:
1. Louise Mallinder, Transforming International Criminal Justice: Retributive and

Restorative Justice in the Trial Process, Br. J. Criminal, 46:155-157, 2005, p. 448
2. Declan Roche, Truth Commission Amensties and the International Criminal Court,
British Journal of Criminology, 45:565-581, 2005
3. Stefano Betti. New Prospects for Inter-State Cooperation in Criminal Matters:
The Palermo Convention, International Criminal Law Review, Vol. 3 No.2, 2003 pp.
151-167
74
4. A Bossard, Interpol and Law Enforcement: Response to Transnational Crime, 11 Police
Studies, (1998), 177
TOPIC 4: GENERAL PRINCIPLES FROM A COMPARATIVE PERSPECTIVE
 General Exceptions
 Infancy,
 Insanity
 Consent,
 Necessity and
 Private defense
 Abetment and Attempt
Book Chapters
1. Bronitt, Simon, and Bernadette McSherry. Principles of Criminal Law. 3d ed. Sydney:
Thomson Reuters, 2010.
2. Roach, Kent. Criminal Law. 4th ed. Toronto: Irwin Law, 2009.
Pearson, 2018.
8. Elliott, Catherine. French Criminal Law. Devon: Willan Publishing, 2001.
9. Bohlander, Michael. Principles of German Criminal Law. Oxford: Hart Publishing, 2009.
Articles:
1. Dubber, Markus D., “Penal Law and Sexuality: Recent Reforms in German Criminal
Law,” 3 Buffalo Criminal Law Review (2000), 639.
2. Dubber, Markus D., “Social Expectations in the Criminal Law: The ‘Reasonable Person’
in a Comparative Perspective,” 11 New Criminal Law Review (2008), 1.
TOPIC 5: SPECIFIC OFFENCES FROM A COMPARATIVE PERSPECTIVE
 Culpable homicide and Murder

 Rape and unnatural offences
 Defamation
75
Recommended Readings
Book Chapters
1. Dressler, Joshua. Understanding Criminal Law. 5th ed. Newark, NJ: LexisNexis, 2009.
2. LaFave, Wayne R. Criminal Law. 5th ed. St. Paul, MN: West, 2010.
3. Model Penal Code and Commentaries (Official Draft and Revised Comments).
Philadelphia, PA: American Law Institute, 1980, 1985.
4. Robinson, Paul H. Criminal Law. New York: Aspen Publishers, 1997 (2d ed. 2011)
5. George F. Cole, Stanislaw J. Frankowski and Marc G. Gertz (eds.), Major Criminal
Justice Systems: A Comparative Survey, 2nd Edition, Sage Publications, Newbury Park,
California, 1987
6. Delmas Marty, Mireille and J.R. Spencer, European Criminal Procedures, Cambridge
University Press. New York, 2002
7. John Hatchard, Barabara Huber and Richard Vogler (eds.), Comparative Criminal
Procedure, BIICL. London, 1996
Articles:
1. Dubber, Markus D.,, “Offensive Behavior and German Penal Law,” 5 Buffalo Criminal
Law Review (2001), 255.
2. Dubber, Markus D.,, “Penal Law and Sexuality: Recent Reforms in German Criminal
Law,” 3 Buffalo Criminal Law Review (2000), 639.
3. Dubber, Markus D.,, “Social Expectations in the Criminal Law: The ‘Reasonable Person’
in a Comparative Perspective,” 11 New Criminal Law Review (2008), 1.
4. Malcom Davies, Comparative Criminal Law and Enforcement: England and Wales,
Encycicpr.: Crime and Justice, New York, 2002 pp. 182-192
5. Nancy Loucks, Contrasting Prisoners Rights: A Comparative Examination of England
and Germ. Br. J. Criminal, 45: 999-1001, 2004 p. 289
6. Trevor Jones and Tim Newburn, Comparative Criminal Justice Policy - Making in the US
and UK, I J. Criminal, 45:55-80,2005
Reference Readings
Judges and Judging in the History of the Common Law and Civil Law: From Antiquity to
Modern times edited by Paul Brand and Joshua Getzler CUP 2012
Charting the Divide Between Common and Civil Law Thomas Lundmark OUP USA, 27-Sep-
2012
The Civil Law Tradition: An Introduction to the Legal Systems of Europe and Latin America
John Henry Merryman, Rogelio Pérez-Perdomo Stanford University Press, 21-May-2007
76
Comparative criminal justice systems: A topical approach by Reichel, Philip L. 6th ed. Boston:
Pearson 2013.
Comparative Criminal Justice Systems by Harry R. Dammer (Author), Jay S. Albanese (Author)
Cengage Learning; 5th ed (January 4, 2013)
* The faculty shall disseminate pertinent reference materials for each lecture. These reference
materials may consist of articles, videos, books etc.
Lecture Plan
Lecture No Topics Mode of Delivery

1-5 Introduction to Comparative Criminal Law Lecture & Interaction
6-8 Introduction, Aims and Methods. Lecture & Interaction
9-12 Common Law & Civil Law Lecture & Interaction
13 - 16 Presumption of innocence Lecture & Interaction
Principles of legality, Classification of offences
17 - 21 Policing and Prosecution Lecture & Interaction
Law of arrest and procedure – rights of arrested and
accused – evidentiary value of statements – bail procedure
22 - 28 Power and functions of judicial officer in investigation- Lecture & Interaction
prosecuting agencies- role of public prosecutor.
29 - 33 Types of trial – speedy justice – role of judge, prosecution Lecture & Interaction
and defense attorney during trial,
Punishment and Sentencing process.
34 - 37 Victim’s role in penal process Lecture & Interaction
Plea bargaining
38 - 40 Appeal procedure – legal aid – public participation in Lecture & Interaction
criminal justice.
41 - 44 Probation and Community Punishment Lecture & Interaction
Extradition
Mutual Legal Assistance
45 - 50 General Exceptions Lecture & Interaction
51 - 52 Abetment and Attempt Lecture & Interaction
53 - 57 Specific Offences from a Comparative Perspective Lecture & Interaction
Total Hours: 60
Lecture Hours: 57
Continuous Assessment: 3 Hrs.
77
COURSE CURRICULUM
FINANCIAL MARKETS AND REGULATORY SYSTEMS |10 CREDITS |
SESSION: JANUARY – MAY 2022 | FACULTY: MR. SARTHAK MISHRA|
SEMESTER – Class: BA/BBA LLB X SEMESTER (BUSINESS LAW HONOURS)
A. INTRODUCTION
Financial Markets and Regulatory Systems is an advanced undergraduate course designed to
analyze financial products, markets and organizations. Topics addressed include: flows of
funds; financial intermediation; financial organizations/services; central banking and
monetary policy; financial markets focusing largely on fixed income and equity markets;
management of financial risk; international financial markets and organizations, and current
and emerging trends in financial markets. The global business environment has changed
drastically. It has changed the financial markets also around world. New financial products,
their operations and regulatory framework have entered in the financial scenario in a big way
never seen before. Hence, the students are required to have an in-depth knowledge of the
Financial Markets basics, with the legal frame work in mind, which regulate the financial
market, in order to understand the changing world of finance. The purpose of this course
therefore is to familiarize the students with the concepts of Financial Markets and making
them aware about its importance in the functioning of an economy as it has assumed cardinal
importance in the light of increase in trade and globalization.
B. COURSE OUTCOMES
At the end of the course, students will be able to:
[CO.1]: describe the concept and significance of Financial Markets.
[CO.2]: enumerate the functions of Financial Markets.
[CO.3]: classify and contrast between different kinds of Financial Markets.
[CO.4]: outline the evolution of the Capital Markets and discuss the issues related with long
term financing.
[CO.5]: discuss and explore the concept and intricacies of primary and secondary markets.
[CO.6]: highlight the significance of money market and its impact on economy.
[CO.7]: enumerate and discuss various capital market and money market instruments.
[CO.8]: discuss and comprehend the concept of derivatives and the related regulations.
[CO.9]: discuss the legal framework of SEBI (ICDR) Regulations, 2009.
[CO.10]: delineate the concept of Credit Rating and Securities Lending and Analysis.
[CO.11]: discuss the regulation of stock exchanges in India.
[CO.12]: enumerate and highlight the significance of various financial market participants.
78
[CO.13]: discuss the role of various financial market regulators like SEBI, RBI etc.
C. PROGRAM OUTCOMES
ongoing improvement of the practice of law and exhibits commitment and aptitude for life-
long learning and continuing improvement;
D. ASSESSMENT PLAN
Criteria Description Weightage of Marks

considered)
Project 20%
E. CURRICULUM
79
PART I
TOPIC 1: FINANCIAL MARKETS IN INDIA AND REGULATION–AN OVERVIEW
 Overview of Financial Markets

 Significance of Financial Markets for an Economy
 Segments of Financial Markets
 Functions performed by the Financial Markets
 The flow of funds in the Financial Markets
 Financial Market Regulatory Framework
 Financial Information Analysis
 Financial Management
PART II
TOPIC 2: PRIMARY AND SECONDARY MARKET
 Primary Market
 Secondary Market
 Share Capital and Public Issue
Topic 3: MARKET PARTICIPANTS
 Merchant banker,
 Stock Brokers,
 Registrars,
 Underwriters,
 Portfolio Managers,
 Debenture trustees,
 Foreign Institutional Investors,
 Custodians,
 Venture Capitalists,
 Depositories and Depository Participants
TOPIC 4: CAPITAL MARKET
 The Evolution of the Capital Market

 Characteristics of Capital Market
 Long-Term Finance And Its Difficulties
References:
1. Meir Kohn, Financial Institutions and Markets, Tata Mc Graw-Hill Publishing Company,
New Delhi, 2008, Chapter 19, Pp. 559-597
2. Anthony Saunders, Marcia Millon Cornett, Financial Markets and Institutions: An
Introduction to the Risk Management Approach, Third Edition, Tata McGraw Hill
80
Education Private Limited, New Delhi, Chapter 8, Pp. 253-286
PART III
TOPIC 4: MONEY MARKET
 Money Market Instruments

 Functions Of Money Market
TOPIC 5: MONEY MARKET AND THE ECONOMY
 Money Market Characteristics

 Relationship between interest rates and bond prices
 Difference between interest rates and rates of return
 Difference between nominal and real interest rates
 Difference between primary and secondary bond markets
 The economic forces that determine bond prices
References:
PART IV
TOPIC 6: DERIVATIVE INSTRUMENTS
 Derivative Securities
 Forwards and Futures
 Options
 Swaps
 Regulation of Futures and Options Markets
References:
81
PART V
TOPIC 7: REGULATORY FRAMEWORK
 Regulation of Capital Market

 Regulation of Money Market
 Regulation of Commodities Market
References:
1. N. Gopalsamy, Capital Market- The Indian Financial Scene.pg 300-315
2. Bharat's Guide to Indian Capital Market :pg 1042-1048,1073-1077
3. The SEBI Act, 1992
4. The Securities Contract (Regulation) Act, 1956
5. Insurance Regulatory and Development Authority of India Act, 1999
6. Reserve Bank of India Act, 1935
7. http://finmin.nic.in/financial_regulators/financial_regulators.asp
F. TEXTBOOK AND REFERENCES
I. Textbooks:
 Stephen Cecchetti and Kermit Schoenholtz. Money, Banking, and Financial Markets.
McGraw Hill/Irwin, 2015. Fourth Edition
 Anthony M. Santomero, David F. Babbel, Financial Markets, Instruments, and
Institutions, McGraw-Hill Europe; Second Edition, 2001
 Anthony Saunders, Marcia Millon Cornett, Financial Markets and Institutions: An
Introduction to the Risk Management Approach, Tata McGraw Hill Education Private
Limited, Third Edition , New Delhi.
II. References:
 Bharati V, Pathak, Indian Financial System, Pearson Education, New Delhi,2007

 BholeL.M.,Financial Institutions and Markets, Tata Mc Graw Hill Publications, 2008
 Fabozzi&Modiglani, Capital Markets; Institutions and Instruments, Prentice Halls
Indian Ltd. 4th ed.,2008
 Gomez,A. Financial Markets, Institutions, and Financial Services, Prentice Halls
India Ltd, New Delhi,2009
82
 Meir Kohn, Financial Institutions and Markets, Tata Mc Graw-Hill Publishing
Company, New Delhi, 2008
 Ravi M. Kishore, Financial Management, Taxmann Allied Services (P.) Ltd., New
Delhi, 2007
 Newspapers: The Business Line, The Economic Times, Business Standard, Financial
Express.
Additional Notes:
1. You are recommended to maintain knowledge of current financial market events by
reading various business-related Journals and the Economic Times.
2. You may also read business publications such as Business Today, the Economist, Business
Week, Fortune, Forbes India, Inc. India, Business World, Business India, Silicon India,
Outlook Business, Business and Economy, India Business Journal, Outlook Money
Construction, World Money Today, Business Week, Franchise Plus, Business etc.
* IMPORTANT NOTE
1. The reading material is preliminary and suggestive. The faculty shall distribute
pertinent study materials as pre/post lecture content (from time to time). Students must
keep themselves abreast of the distributed materials and clarify their respective
doubts with the faculty.
2. The faculty member-in-charge of the course reserves the right to modify any of the
contents, terms and conditions, provided in this curriculum.
3. A list of project topics would be notified to the class after the commencement of the
session.
Lecture Plan:
1-4 Financial markets in India and regulation–an Lecture, Interaction &

overview
Discussion
5-10 Financial Market Regulatory Framework Lecture, Interaction &

Discussion
11-16 Exchange Rate Regimes & the Foreign Lecture, Interaction &
Exchange Market
Discussion
17-23 Capital Market Lecture, Interaction &

Discussion
83
24-30 Money Market Lecture, Interaction &
Discussion
31-38 Derivative instruments Lecture, Interaction &

Discussion
39-60 Regulatory Framework Lecture, Interaction &

Discussion
Total Hours: 64
Lecture Hours: 60
84
Course Curriculum
LAW OF PROJECT FINANCE| 10 Credits |
Session: January – May 2022 | Faculty: Ms Ruth Vaiphei|
Class: Class: BA/BBA LLB X SEMESTER BUSINESS LAW HONOURS
A. INTRODUCTION
There are multiple perspectives on what project finance consists of. The one that will be
generally followed in this course is that it mostly comprises financing the development or
exploitation of a right, natural resource or any other asset, where the majority portion of the
financing is not contributed by the holders of any form of share capital, and where such
financing is sought to be repaid mostly out of any revenue that the concerned project yields.
Such projects usually require huge initial investments, but may have long pay-offs, mostly
stemming from cash-flow of the project, with the project sponsors preferring to protect their
assets and balance sheets from risks associated with the project by way of actions such as ring-
fencing. Asset-specific financial structuring is therefore often the hallmark of project finance.
Over the years, project financing has established its credentials as a highly effective instrument
for financing the delivery of investments and other services into the domain of infrastructural
development all over the world, especially in sectors such as transport, energy, environment and
even social infrastructure such as hospitals and schools. While public-private partnership models
have been given a fillip with project finance taking care of the underlying risk management, the
transactions involved in this discipline are often complex and require specific expertise including
analysis, structuring, negotiation and appreciation of the myriad stakeholder interests involved.
B. COURSE OUTCOMES
[CO.1]. Gain insight into the motivations and objectives of the various parties involved in a
project.
[CO.2]. Have an understanding of the fundamental concepts underlying any public procurement
by way of competitions, bidding etc.
[CO.3]. Identify suitable corporate structures and financial plans for different projects based on
the requirements and interests of the parties involved, including how to make the project appear
an attractive prospect to the lenders.
[CO.4]. Learn about the various contracts involved in a standard project, the import of the
clauses therein, the negotiation between the parties in relation to said contracts and the
documentation involved.
[CO.5]. Analyse the risks associated with various projects, manage such risks by different
methods including insurance and contractual framework.
[CO.6]. Apply the international principles and best practices in the contexts of projects in India.
C. PROGRAM OUTCOMES
lawyering skills to perform competent legal analysis, reasoning, and problem-solving in
84
values and application of knowledge of professional ethics to a representation of clients, the
performance of duties as an officer of the courts, and behaves sensitively toward clients and
colleagues of all cultures and backgrounds;
[PO.5]. Reviews and critically appraises legal literature and evidence for ongoing
improvement of the practice of law and exhibits commitment and aptitude for life-long
learning and continuous improvement;
judiciary, public service, non-profit & non-governmental organizations, entrepreneurship, and
corporate entities
[PO.9]. Explore and understand specific issues relating to the workplace such as time
management, discipline, workplace culture, teamwork, giving and receiving feedback, and
D. ASSESSMENT PLAN
Criteria Description Weightage of Marks

considered)
Project/Mid Term 20%
E. CURRICULUM
TOPIC1: INTRODUCTION TO PROJECT FINANCE
1. Definition of Project finance
2. Basic Characteristic
3. Difference between project finance and corporate finance
4. Evolution of project finance
5. Project types
6. Critical Steps in a project
TOPIC 2: LEGAL ASPECTS OF PROJECT FINANCE

1. The general role of a lawyer
2. The Project Company
3. The Contract Structure
4. Staffing
TOPIC 3: MARKET, PROJECT FEASIBILITY AND PROMOTER ANALYSIS
1. Market Sizing
2. Market Insight area
3. Market research approach
4. Business model and Promoter analysis
5. Project feasibility analysis
85
TOPIC 4: PROJECT RISK
1. Project conceptualization risk
2. Financial closure risk
3. Project construction risk
4. Political risk and Policy risk
5. Market risk; supply chain risk and exchange risk
6. Force Majeure
TOPIC 5: INFRASTRUCTURE AND PRIVATE PUBLIC PARTNERSHIP (PPP)

1. Background
2. PPP Model
3. Parties to a PPP Model
4. PPP Process
5. Model concession agreement
TOPIC 6: FINANCING THE PROJECT

1. Bankability
2. Long term and short-term finance
3. Lease
4. Role of Non-Banking finance companies
5. Novel structures in infrastructure finance
F. TEXTBOOKS/ REFERENCE BOOKS
1. TEXTBOOKS
 JOHN NIEHUSS, INTERNATIONAL PROJECT FINANCE IN A NUTSHELL,
 STEFANO GATTI, PROJECT FINANCE IN THEORY AND PRACTICE,
 GRAHAM D. VINTER, PROJECT FINANCE: A LEGAL GUIDE
2. REFERENCE
 JOHN NIEHUSS, INTERNATIONAL PROJECT FINANCE IN A NUTSHELL, Chapter 2 (2015).
 STEFANO GATTI, PROJECT FINANCE IN THEORY AND PRACTICE, Chapter 4 & 7 (2013).
 FINANCIAL AND STRATEGIC MANAGEMENT, INSTITUTE OF COMPANY SECRETARIES
INDIA READING MATERIAL
 PRAHALAD CK, COMPETING FOR THE FUTURE, HARVARD BUSINESS SCHOOL PRESS (1994)
 HIGH LEVEL COMMITTEE ON FINANCING INFRASTRUCTURE (INTERIM REPORT)
 A GUIDEBOOK ON PUBLIC-PRIVATE PARTNERSHIP IN INFRASTRUCTURE
 STEFANO GATTI, PROJECT FINANCE IN THEORY AND PRACTICE, Chapter 1 (2013).
 STEFANO GATTI, PROJECT FINANCE IN THEORY AND PRACTICE, Chapter 4 & 7 (2013).
 GRAHAM D. VINTER, PROJECT FINANCE: A LEGAL GUIDE, Chapters 1,3 & 15 (2003).
 JOHN NIEHUSS, INTERNATIONAL PROJECT FINANCE IN A NUTSHELL, Chapter 3-6 (2015).
 JOHN D. FINNERTY, PROJECT FINANCING: ASSET BASED FINANCIAL ENGINEERING,
Chapters 7 (2013).
 KIATCHAI SOPHASTIENPHONG, YIBIN MU & CAROLOTTA SAPORITO, SOUTH ASIAN BOND
MARKETS: DEVELOPING LONG-TERM FINANCE, Chapter 1 & 3 (2008).
 GRAHAM D. VINTER, PROJECT FINANCE: A LEGAL GUIDE, Chapters 6 & 7 (2003).
 JOHN NIEHUSS, INTERNATIONAL PROJECT FINANCE IN A NUTSHELL, Chapter 11-13
(2015).
 JOHN D. FINNERTY, PROJECT FINANCING: ASSET BASED FINANCIAL ENGINEERING, Ch. 8
86
(2013).
 KIATCHAI SOPHASTIENPHONG, YIBIN MU & CAROLOTTA SAPORITO, SOUTH ASIAN BOND
MARKETS: DEVELOPING LONG-TERM FINANCE, Chapter 1 & 3 (2008).
 GRAHAM D. VINTER, PROJECT FINANCE: A LEGAL GUIDE, Chapters 6 & 7 (2003).
 JOHN NIEHUSS, INTERNATIONAL PROJECT FINANCE IN A NUTSHELL, Chapter 11-13
(2015).
 JOHN D. FINNERTY, PROJECT FINANCING: ASSET BASED FINANCIAL ENGINEERING, Ch. 8
(2013).
 Julian D. M. Lew, Arbitration and Other Dispute Settlement in Project Financing, in
NON-JUDICIAL DISPUTE SETTLEMENT IN INTERNATIONAL FINANCIAL TRANSACTIONS 289-
300 (Norbert Horn & Joseph J. Norton Eds., 2000).
G. LECTURE PLAN:
Class Topics Mode of

Hours Delivery
1-10 Introduction to understanding of traditional financing and Lecture &

its lacunae Interaction
11-20 Legal Aspects of Project Finance Interaction,

Discussion and
Self Study
21-30 Analysis of various aspect of Project finance Interaction,
Discussion and
Self Study
31-36 Risk analysis ad mitigation in Project finance Interaction,
Discussion and
Self Study
37-45 Valuation Techniques and approaches Interaction,
Discussion and
Self Study
46-50 PPP models, Tendering issues, Cost-Benefit Analysis Interaction,
Discussion and
Self Study
51-60 Dispute Resolution in project Finance Interaction,
Discussion and
Self Study
Total Hours: 60
Lecture Hours: 57
87

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COURSE CURRICULUM

NATIONAL LAW UNIVERSIT Y, JODHPUR

Course Coordinator: Dr. KRANTI KAPOOR

S.NO. TITLE ANNEXURE NO.

1 Academic Calendar Annexure-I

2 Attendance Chart Annexure-II

3 List of Subjects Annexure-III

ACADEMIC CALENDAR 2021-22

S. No. Event Date Day

STUDENT CORNER: ATTENDANCE

SUBJECTS January February March April May Total %

STUDENT CORNER: CONTINUOUS ASSESSMENT

S.NO Courses Compulsory/ Faculty Page No.

2 Drafting, Pleading & Conveyancing Compulsory Dr. Anjali Thanvi 14-18

6 IP Dispute Resolution IPR Hons. Mr.Arunabha Banerjee 36-45

PRIVATE INTERNATIONAL LAW | 6 credit|

At the end of the course, students will be able to

[CO.1]Understand general concepts and principles of conflict of laws and their

Criteria Description Weightage (%)

Continuous Assessment 3 Tests (Best two will be 30

TOPIC 2: General Principles

 Traditional rules relating to jurisdiction

TOPIC 4: Recognition and Enforcement of Foreign Judgments

 Basis of Enforcement of Foreign Judgments

TOPIC 5: Conflict of Laws Issues in International Arbitration

 Lex Arbitri and Curial Law

TOPIC 6: Law of Contract

 Proper Law of Contract

TOPIC 7: Law of Torts

 Lex Loci Delicti

TOPIC 8: Law of Property

 Distinction between Movables and Immovables

TOPIC 10: Family Law

Recognition of Foreign Divorce Decree:

Custody and Guardianship:

Recognition of Foreign Custody orders:

Lecture Topic Mode of Delivery

END TERM EXAM Closed Book 50

TOPIC 2: PLEADINGS IN CIVIL MATTERS

TOPIC 3: CONSTITUTIONAL MATTERS

TOPIC 4: CRIMINAL MATTERS

(a) F.I.R., Private complaint

TOPIC 5: CORPORATE MATTER

Total Hours: 84 Hours

AFFIRMATIVE ACTION & DISTRIBUTIVE JUSTICE

[C.O. 1] - Understand the various viewpoints with respect to distributive justice.

3 Test (best 2 will be 30

End Term Exam Closed Book 50

 Meaning and concept of justice

1. Amartya Sen, Idea of Justice, Harvard University Press, 2009

2. H.L.A. Hart, The Concept of Law, 2nd ed. (Oxford, 1994)

3. Ian Mcleod, Legal Theory, (2007), Palgrave Macmillan, pp. 18-41

4. Richard A Posner, Frontiers of Legal Theory, Universal Book Company, 2006,

TOPIC 2: DISTRIBUTIVE JUSTICE AND INDIAN CONSTITUTION

 Fundamental Rights and Distributive Justice

1. DevanesanNesiah, Discrimination with reason: The policy of reservations in the

2. H.M.Seervai, Constitutional Law of India, N.M.TripthiPvt.Ltd., 1993

3. M.P.Jain, Indian Constitutional Law, LexisNexis ButterworthsWadhwa, Nagpur,

1. Air India v. NergeshMeerza (1981) 4 SCC 335

TOPIC 3: UPLIFTMENT OF WEAKER SECTION/VULNERABLE GROUPS

 Special provision for women(Constitution, Legislations, Women’s

1. Apparel Export Promotion Council v. AK Chopra (1999) 1 SCC 759

TOPIC 4: ADVANCEMENT OF BACKWARD CLASSES THROUGH