Annexure ‘CD – 01’

U T TA R P R A D E S H

FORMAT FOR COURSE CURRICULUM

L T P SW PSDA TOTAL
Course Title: Arbitration & ADR S CREDIT
UNITS
3 0 0 2 1 4
Credit Units: 4

Course Level: UG Course Code: LAW 118

Course Objectives: The course imparts to the students an understanding of the concept of alternate methods of resolving disputes in addition to the traditional
court oriented process. It focuses on an analytical study of arbitration law and practice in India and the relevant institutions monitoring the same. The paper also
focuses on other alternate dispute resolving mechanisms through State mediatory services under the supervision of the courts.

Pre-requisites: a. To have a preliminary understanding of the law relating to contract.

b. To have a general comprehension of adversarial system of dispute resolution.

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

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

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

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

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

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

Application of ADR methods (except Arbitration and Conciliation) in different types of disputes:
Commercial, and Financial Disputes; Family and Matrimonial Disputes; Labour and Industrial
Disputes; Consumer Disputes; Accidents Claims

Course Learning Outcomes:

a. To provide students a systematic learning opportunity to identify a range of alternative dispute resolution methods.
b. To disseminate knowledge about the law relating to arbitration, conciliation, mediation and negotiation.
c. To develop students’ ability to guide their clients in order to protect and advance their interests during and out of the court settlements.

Pedagogy for Course Delivery:

The course will primarily be theory based, with stress on case laws reported and unreported wherever applicable. Classroom
teaching and interaction will be essential part of teaching technique, however various remote learning methods like online
lectures, video conferencing, and e-assignments may also be part of the pedagogy and the students may be given assignments
covering theory and practical aspects of a given dispute.
PSDA Details:
 Mock Arbitration/Mediation/Negotiation Session (PSDA 1)
 Visit to Court/Mediation Centre/Arbitration Institute (PSDA 2)
 Community Services (PSDA 3)
 Representing Client in Mediation (PSDA 4)

Lab/Practical details, if applicable:

List of Experiments:
NA

Assessment/ Examination Scheme:

Theory L/T (%) Lab/Practical/Studio (%)

100% NA

Theory Assessment (L&T):

Components (Drop Class Test PSDAs PSDAs PSDAs Attendance End-term Examination
down) Project Proposals Reports Viva

Linkage of PSDA with

Internal Assessment
Component, if any
Weightage (%) 10% 5% 10% 10% 5% 60%
Lab/ Practical/ Studio Assessment:

Continuous Assessment/Internal Assessment End Term Examination

(____ %) (____ %)

Components (Drop down NA NA NA NA NA NA NA

Weightage (%) NA NA NA NA NA NA NA

Mapping of Continuous Evaluation components including PSDA with CLOs

Bloom’s Level Remembering Understanding Applying

>
Course CLO1 CLO2 CLO3
Learning To provide To disseminate To develop
Outcom students a knowledge students’
es systematic about the law ability to
learning relating to guide their
opportunity to arbitration, clients in
Assessment identify a conciliation, order to
type/PSDA range of mediation and protect and
alternative negotiation. advance their
dispute interests
resolution during and
methods. out of the
court
settlements
Class Test 
PSDAs Project   
Proposals
PSDAs Reports   
PSDAs Viva   
Text Reading:
1. Arbitration and Conciliation Act, 1996.
2. Legal Services Authority Act, 1987.
3. Singh, Avtar, Law of Arbitration and Conciliation, Eastern Book Company.
4. Paranjape, N.V., Arbitration and Conciliation Act, Central Law Publications.
5. Saharay, Madhusudan, Textbook on Arbitration & Conciliation with Alternative Dispute Resolution, Universal Law Publishing Co., Pvt. Ltd.
6. Rao, P.C., Arbitration and Conciliation Act, 1996, Universal Law Book Co., Pvt. Ltd.
7. Rao P.C. &Sheffield William, Alternative Dispute Resolution, International Centre for Alternative Dispute Resolution
8. Rao P.C. &Sheffield William, Alternative Dispute Resolution, International Centre for Alternative Dispute Resolution
9. Kawatra, G.K., The New Law of Arbitration and conciliation, Universal Law Publishing Co., Pvt. Ltd.
10. Chaudhary, S.K. Roy, Law of Arbitration Conciliation, Eastern Book Company
11. Saharay H.K., Law of Arbitration, Eastern Law House.
12. Gary B. Born, International Commercial Arbitration, Wolters Kluwer Law & Business

References:
• All India Reporter