RESPONSE PAPER

Alternative Dispute Resolution 2nd Feb 2024

Dear students, you will be submitting your response paper (50 marks) on a topic relating to
ADR.

The response paper for this course would mean a paper wherein a student would record and
substantiate an opinion on a point, an issue, or a collection of points and issues raised related
to a research question. Although the said paper should resemble any other formal written
assignment in language and style, the emphasis is squarely on the quality of reasoning and
analysis, and not on the number of authorities cited. Given the word limit 3500-4500
(excluding footnotes), be very selective with citations so as to not undermine your original
arguments and analysis with lengthy quotations or copious footnotes.

Please remember that a response paper should provide your vision and your opinion of
the subject in a very critical manner. Do not fall in the trap of writing a legal paper simply
explaining the situation and legal background. This would not fit with the expectations of a
response paper.

Here are some guidelines I expect you to follow when writing and editing your response paper:

- Your paper should be structured with main parts (I/II/III) and sub-parts (A/B/C). This division
should reflect your angle of approach and match with the legal steps necessary to your
demonstration.
- You should write a brief introduction explaining the background of the subject, the interest
of it, and the research question(s) you will be trying to respond. Feel free to formulate the
research questions you deem the most appropriate to discuss the subject;
- Any legal statement should be accompanied by a footnote referring to a case, published book,
article or paper;
- Be careful to formulating clear and short sentences, with acceptable syntax, spelling and
grammar;
- Write a conclusion which briefly recalls the legal conclusions you found but more
importantly, which reflects your own opinion and critics about the subject.
Marks Division

Response Paper 50 marks

Criterion Marks

Introduction/Conclusion 10

Structure and Coherence 5

Personal opinion and analysis 15

Accuracy of the legal background 10

Reference & Research 10

Overall 50

Optional Viva/Presentation: 20 marks, in that case the Response Paper marks out of 50 will
be reduced to 30 Marks

Procedure

How to submit (topic): Kindly fill in your selected topic under the “Topic” column of the
Spreadsheet by 17th Feb 2024 (Saturday) 23.59: ADR Spring 24 Response Paper Topics

How to submit (paper): You will submit your paper through Microsoft Teams
Assignment. Name your paper following this pattern: “First Name Last Name” eg
Akash Gupta

Submission Date: 2nd April 2024 (Tuesday), 23:59

Late Submission: 5 marks penalty for delay of every 00.01-24:00 hours.

Plagiarism

All papers will go through the Turnitin- anti-plagiarism program. Importantly, there will be a
heavy penalty for plagiarism.

Stylistic Information

You can use any recognized complete system of referencing, like Oscola, Kluwer, Bluebook,
as long as you use it correctly and consistently. Kindly do not create any acknowledgements
or thank you pages.
Sample Response Papers (Only for reference)
Please find the Sampler Response Papers here: Sample Response Papers ADR

Suggestive List of Topics

1. Blockchain arbitration in India

2. Ssangyong case
3. Is Emergency arbitrator a good substitute to national courts' ordered interim measures?
4. Pathological arbitration agreements
5. Enforceability, advtange and inconvenient of online arbitration
6. Public policy as ground for denying enforcement of the arbitral award
7. The validity of the arbitration agreement
8. Ad favorem arbitrandum doctrine
9. Place of hearing and seat of arbitration: a different impact on Indian court's competence?
10. Following legal theories of arbitration, what conception has been adopted by India courts?
11. Why does the seat of arbitration matter?
12. The law governing the arbitration agreement
13. The Lex Arbitri Principle of non-intervention from State courts
14. The Res judicata effect of the arbitral award
15. How to bind a non-signatory party to an arbitration agreement?
16. Conflict of interest in international arbitration
17. The arbitral tribunal procedural powers
18. Interim mesures issued by the arbitral tribunal
19. The duty to reason the arbitral award
20. The law applicable to the merits of the case
21. Lack of consent to arbitration as a ground to challenge the arbitral award
22. Can an annuled award be enforced, and if not, do you think it should be possible?
23. The reciprocity reservation to enforce a foreign award under the New York Convention: what is your
24. The ICSID system as autonomous legal order
25. Evolution of arbitrability in India
26. Separability doctrine in India: it's origin and effect
27. The group of companies doctrine in India: what is the rational behind?
28. The effect of the arbitration agreement
29. Confidentiality of arbitration
30. Taking of evidence in domestic and international arbitration
31. NTPC v. Singer: Impact on Indian Arbitration
32. Fraud Arbitrability in India
33. Consumer Arbitration shall be allowed in India?
34. Competition Matters: Arbitrable in India?
35. Does Institutional Arbitration help to achieve more transparency?
36. Online Dispute Resolution: Success or Failure in India?
37. Unilateral Appointment of Arbitrators in India
38. Arbitrators Eligibility in India
39. Role of judiciary in Indian Arbitration
40. Doctrine of Separability and its implication
41. Public Policy as ground for setting aside the arbitral award
42. Can Arbitral Award be modified in India?
43. Patent illegality: a ground to set aside the arbitral award?
44. Public policy: different in domestic award and foreign award
45. MCIA: Success or Failure in India
46. IAMC: Success or Failure in India
47. Gaps in Rules of Institutional Arbitration in India
48. Access to Justice: Online Lok Adalat (Sama ODR Platform)
49. Two parties choosing a foreign seat: Critique
50. Time limit under the Arbitration Act
51. Arbitrator' Appointment Challenge
52. Emergency Arbitration: Fate in India
53. Judicial intervention in Arbitration: Roadblock in India's Dream of Becoming an Arbitration Hub
54. ADR from a Feminist Perspective