ALTERNATE DISPUTE RESOLUTION SYSTEM

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About Course

Course Objective

This course aims to provide an in-depth understanding of Alternative Dispute Resolution (ADR) mechanisms, focusing on arbitration, conciliation, mediation, and Lok Adalats. It will equip students with the legal framework, procedures, and practical implications of dispute resolution outside traditional litigation. The course will also cover international arbitration laws, the enforcement of foreign awards, and the role of judiciary intervention.


Course Outcome

By the end of this course, students will be able to:

  1. Differentiate between various ADR mechanisms and their applications.
  2. Understand arbitration laws in India and their evolution from 1940 to the present UNCITRAL model.
  3. Analyze the essentials and validity of arbitration agreements.
  4. Examine the role and powers of the arbitral tribunal, including judicial intervention.
  5. Evaluate the enforcement and setting aside of arbitral awards.
  6. Comprehend the enforcement of foreign awards under the New York and Geneva Conventions.
  7. Distinguish between conciliation, negotiation, mediation, and arbitration.
  8. Assess the role of Lok Adalats and their significance in the Indian legal system.
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What Will You Learn?

  • ✔️ Fundamentals of ADR, including arbitration, conciliation, mediation, and Lok Adalats
  • ✔️ Key distinctions between arbitration, mediation, and expert determination
  • ✔️ The legal framework for arbitration in India (Arbitration Act of 1996)
  • ✔️ Essentials and validity of arbitration agreements
  • ✔️ Formation, jurisdiction, and powers of the arbitral tribunal
  • ✔️ Grounds for challenging and setting aside arbitral awards
  • ✔️ Enforcement of foreign arbitral awards under New York and Geneva Conventions
  • ✔️ Role of judiciary in ADR and extent of intervention
  • ✔️ Principles of conciliation and the duties of conciliators
  • ✔️ Legal Service Authorities Act and Lok Adalats in India

Course Content

Arbitration: meaning, scope and types

  • Session Recording | Lecture 1I 18 February 2025 I Introduction to ADR, Constitutional Provisions
  • Lecture 1 Notes

Arbitration agreement

Arbitration Tribunal

Award

Enforcement of foreign awards

Conciliation

Rule-making power

Lok Adalats

Resources

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