SVKM’s Narsee Monjee Institute of Management Studies

Name of School – Kirit P. Mehta School of Law

Program: B.A., LL.B. (Hons.) 8101 & B.B.A., LL.B. (Hons.) 8102 Semester : V
Module : Alternative Dispute Resolution (Clinical) Module Code:

Teaching Scheme Evaluation Scheme

Lecture Practical Term End
Tutorial Internal Continuous
(Hours (Hours Examinations (TEE)
(Hours per Credit Assessment (ICA)
per per (Marks- 0
week) (Marks - 100)
week) week) in Question Paper)
4 0 0 4 Marks Scaled to 100 Marks Scaled to 0
Pre-requisite:
1. The students should have basic knowledge of the adversarial and non- adversarial
systems.
2. The students should have a fundamental understanding of the judicial system in India
and its functioning.
3. The students should be familiar with basic aspects of negotiation and counseling.
Objectives:
1. To conduct a detailed examination of the theory and practice of ADR methods in the context
of an adversarial legal system, to develop an understanding of the operation and implications
of various ADR theories and practices and to assess their value.
2. To analyze the conceptual framework related to the Arbitration and Conciliation Act, 1996
along with its Amendments and examine the role played by Judiciary in interpreting the
various provisions of the Act, 1996.
3. To draft and review arbitration agreements, settlement contracts and arbitral awards.
4. To appreciate and develop the skills and elements involved in Negotiation, Mediation and
Conciliation.
Outcomes:
1. To comprehend and analyze various methods of resolving disputes outside the courts using
ADR system after assessing the strengths, weakness and challenges of various dispute
resolution systems (PLO 2a).
2. To trace the evolution and development of Arbitration and Conciliation Act, 1996 along
with its Amendments and interpret the judgments delivered by various tribunals and courts
(PLO 1a and 1b).
3. To develop the understanding of drafting and usage of standard clauses/provisions in
different arbitration agreements, settlement contracts and arbitral awards along with the
implications of each of them during the stage of enforcement (PLO 3b).
4. To identify and implement different techniques and skills required to make effective use of
ADR methods such as Mediation, Negotiation and Conciliation and their operation in both
legal and social contexts (PLO 1b and 2b).
Detailed Syllabus: ( per session plan )
Unit Description: Duration
(Hrs.)
1. Understanding ADR – introduction to ADR and adversarial and non- 2
adversarial systems
Basic Reading: 222nd Report of The Law Commission of India on Need for
Justice-Dispensation Through ADR, Etc. (2009)
Reference Reading: The Arbitration Law of India: A Critical Analysis by Sumeet
Kachwaha, Asia International Arbitrational Journal, Volume 1, Number 2, Pages
105-126 (2016).
 SVKM’s Narsee Monjee Institute of Management Studies
Name of School – Kirit P. Mehta School of Law
Pedagogy: Discussion and lecture method
2. Evolution of ADR system– Need for ADR mechanisms and history of 2
development
Basic Reading: UNCITRAL Model Law, 1996
Reference Reading: A Guide to the UNCITRAL Model Law on International
Commercial Arbitration, Legislative History and Commentary by Howard M.
Holtzmann, Joseph and E. Neuhaus, Kluwer Law International, ISBN:
9789065443052 (February, 2020).
Pedagogy: Discussion and lecture method
3. Emergence of ADR in India – Shift from courts to ADR Processes and insertion 2
of Sec 89 of CPC, Introduction to Online ADR systems
Basic Reading: 246th Report of the Law Commission of India on Amendments to
the Arbitration and Conciliation Act 1996 (2014) along with Section 89 of CPC
Reference Reading: Committee on Reforms of Criminal Justice System
Government of India, Ministry of Home Affairs (2003); Using ADR to resolve
online disputes; https://core.ac.uk/download/pdf/232773923.pdf
Pedagogy: Discussion and lecture method
4. Suitability of ADR Cases – Chalking out advantages and disadvantages of each 2
ADR process and the suitability of the processes based on dispute at hand
Basic Reading: Afcons infrastructure and Ors. v. Cherian Verkay Construction
and Ors (2010 (8) SCC 24)
Reference Reading: Salem Advocate Bar Association v. Union of India (2005
(6) SCC 344
Pedagogy: Case Analysis
5. ADR Procedures – Basics of Arbitration, Mediation, Conciliation, 2
Negotiations and Lok Adalats along with analyzing differences and
importance of each of the processes
Basic Reading: Law of Arbitration and Conciliation by Avtar Singh 11th Edition
(2018) pg. 495-525.
Reference Reading: 222nd Report of The Law Commission of India on Need
for Justice-Dispensation Through ADR, Etc. (2009)
Pedagogy: Group Discussion
6. Historical background of Arbitration in India– Understanding different 2
legislations before the Arbitration and Conciliation Act, 1996 along with their
critical analysis.
Basic Reading: 246th Report of the Law Commission of India on Amendments to
the Arbitration and Conciliation Act 1996 (2014).
Reference Reading: The Arbitration Law of India: A Critical Analysis by Sumeet
Kachwaha, Asia International Arbitrational Journal, Volume 1, Number 2, Pages
105-126 (2016).
Pedagogy: Discussion and lecture method
7. Definitions – Arbitration and Arbitral Awards along with understanding 3
different kinds of Awards and finality of awards
Basic Reading: Section 2 (1) (a) and (c)
 SVKM’s Narsee Monjee Institute of Management Studies
Name of School – Kirit P. Mehta School of Law
Reference Reading: Mohan Das v. ADJ No. 3, Jodhpur (2010)
Pedagogy: Discussion and Case analysis
8. Arbitrability of Disputes: - Test laid to determine disputes that are arbitrable 2
Basic Reading Cases: Booz Allen and Hamilton Inc v. SBI Home Finance Ltd. &
Others, (2011) 5 SCC 532; A. Ayyasamy v. A. Paramasivam and Others (2016) 10
SCC 386.; Vidya Drolia v. Durga Trading Corpn., (2021) 2 SCC 1
Pedagogy: Discussion and Case analysis
9. Composition of Arbitral Tribunal – Number and qualification of arbitrators, 3
choice of parties and duties of Arbitral tribunal
Basic Reading: Sections 2 (1) (d), 10 and 11
Reference Reading: Law of Arbitration and Conciliation by Avtar Singh 11th
Edition (2018) pg. 121-124.
Pedagogy: Discussion and lecture
10. Competent court and determination of jurisdiction– Competency and 2
jurisdiction of courts along with factors determining the same
Basic Reading: Section 2 (1) (e) r/w Amendment Act, 2015
Reference Reading: Bharat Aluminum Company Ltd. v. Kaiser Aluminum
Technical Services (2012)
Pedagogy: Case analysis and discussion
11. International Commercial Arbitration – meaning, understanding parties to 2
arbitration and difference between ICA and domestic arbitration
Basic Reading: Sec 2 (1) (f) and (h)
Reference Reading: International Commercial Arbitration, Law and recent
developments in India developed by Nishith Desai Associates with inputs from
- Singapore International Arbitration Centre (SIAC) (2019)
Pedagogy: Group discussion and Guest lectures
12. Seat and venue – determination of the same along with differences between the 3
two concepts
Basic Reading: Bhatia International v. Bulk Trading S.A., (2002) 4 SCC 105 to
MankastuImpex v. AirVisual Ltd., 2020 SCC OnLine 301; BBR (India) Pvt.
Ltd. v. S.P. Singla Constructions Pvt. Ltd 2022 (3) Arb LR 639 (SC)
Reference Reading: Section 20 of Arbitration and Conciliation Act, 1996 and
UNCITRAL Model Law Article 1 (3) Roger Shashoua v. Mukesh Sharma; Union
of India v. Hardy Exploration and Production (India) Inc; BGS SGS Soma JV v.
NHPC Ltd.
Pedagogy: Case analysis and discussion
13. Waiver – Understanding the concept under the Act along with various 2
illustrations
Basic Reading: Section 4 and 16 of Arbitration and Conciliation Act, 1996
Reference Reading: BSNL v. Motorola India Pvt. Ltd. (2009)
Pedagogy: Group discussion and case analysis
14. Drafting of Arbitration Agreement – Essential ingredients and Standard 3
clauses under Arbitration Agreement
 SVKM’s Narsee Monjee Institute of Management Studies
Name of School – Kirit P. Mehta School of Law
Basic Reading: Section 7 of Arbitration and Conciliation Act, 1996
Reference Reading: Rashid Raza Vs. Sadaf Akhtar Judgment dated 04
September 2019 in Civil Appeal No. 7005 of 2019.
Pedagogy: Case and arbitration agreement analysis
15. Interim Measures – Understanding the difference between relief being 3
granted by the court and the Arbitral tribunal
Basic Reading: Sections 9 and 17 of Arbitration and Conciliation Act, 1996
Reference Reading: East India Udyog Ltd. v. Maytas Infrastructure Ltd.
(2016); Arcelor Mittal Nippon Steel (India) Ltd. v. Essar Bulk Terminal Ltd.,
Civil Appeal No. 5700 of 2021
Pedagogy: Case analysis and discussion
16. Appointment of arbitrators– Understanding the process and role of courts in 3
the process of appointment
Basic Reading: Section 11 of Arbitration and Conciliation Act, 1996
Reference Reading: From Konkan Railway Corporation Ltd. v. Mehul
Construction Ltd. (2000) to Amendment Act, 2015
Pedagogy: Case analysis
17. Principle of Kompetenz – Kompetenz– Competency of tribunals to rule upon its 2
own jurisdiction and factors determining the same
Basic Reading: Article 16 of UNCITRAL Model Law and Section 16 of
Arbitration and Conciliation Act, 1996
Reference Reading: Uttarakhand Purv Sainik Kalyan Nigam Ltd. Vs. Northern
Coal Field Ltd. order dated 27 November 2019 in Special Leave Petition (C) No.
11476 of 2018.
Pedagogy: Lecture and Case analysis
18. Conduct of arbitral proceedings – understanding and analyzing the process of 1
arbitration post initiation of dispute laid down under the Act
Basic Reading: Chapter V, Sections 18-27 of Arbitration and Conciliation Act,
1996
Reference Reading: Law of Arbitration and Conciliation by Avtar Singh
11thEdition (2018) pg. 222-246.
Pedagogy: Group Discussion and lecture
19. Recourse against Arbitral Awards – Available grounds for challenging 3
arbitral awards and the development of public policy grounds
Basic Reading: Section 34 of Arbitration and Conciliation Act, 1996
Reference Reading: from Renusagar Power Co. Ltd. v. General Electric Co.
(1994) to GOI v Vedanta Ltd. CIVIL APPEAL NO. 3185 OF 2020 (Arising out
of SLP (Civil) No.7172 of 2020)
Pedagogy: Case analysis and lecture
20. Enforcement of foreign awards – understanding the concept along with 2
difference between the process of enforcement of domestic awards
Basic Reading: Sections 35 and Part II of Arbitration and Conciliation Act, 1996
Reference Reading: Law of Arbitration and Conciliation by Avtar Singh
11thEdition (2018) pg. 388-396 and 426-451.
 SVKM’s Narsee Monjee Institute of Management Studies
Name of School – Kirit P. Mehta School of Law
Pedagogy: Lecture and Group discussion
21. Amendments to Arbitration Act – understanding the need and trace the 2
developments to the Arbitration and Conciliation Act, 1996
Basic Reading: Amendment Acts of 2015 and 2019
Reference Reading: Board of Control for Cricket in India (BCCI) v. Kochi Cricket
Pvt. Ltd. and Ors.(2018) 6 SCC 287 and Hindustan Construction Co. Ltd. &Anr.
v. UOI & Anr. Writ Petition (Civil) No. 1074 of 2019.
Pedagogy: Case analysis and Guest lecture
22. Contemporary Issues: Arbitration Agreements and Stamp Duty/ Arbitration 2
and Insolvency and Bank/ Group of Companies Doctrine. Or any other
Contemporary Issue related to Arbitration to be discussed in the Multi Campus
Meeting and Finalized along with readings or an Introduction to Singapore
Convention on Mediation on International Settlements Agreements
23. Mediation–understanding the process and its techniques 2
Basic Reading: Mediation Training Manual of India by Mediation and
Conciliation Project Committee of Supreme Court of India available
at: http://supremecourtofindia.nic.in/mediation
Reference Reading: Thomas P Valenti and Tanima Tandon, Mediation in India-
Practical Tips and Techniques, in Shashank Garg (ed.) Alternative Dispute
Resolution, The Indian Perspective 187-248 (OUP 2018).
Pedagogy: Workshop on Mediation
24. Stages in Mediation process – from introduction to settlement, Pre – Institution 2
Mediation under Section 12A of Commercial Courts Act, 2015
Basic Reading: Mediation Training Manual of India by Mediation and
Conciliation Project Committee of Supreme Court of India available
at:http://supremecourtofindia.nic.in/mediation; Pre – Institution Mediation
under Commercial Courts Act; Chitra Narayan;
https://www.livelaw.in/columns/mediation-section-12a-commercial-courts-
act-pre-institution-mediation-commercial-dispute-interim-relief-code-of-civil-
procedure-212157
Reference Reading: United Nations Convention on International Settlement
Agreements Resulting from Mediation, 2018 (Singapore Convention on
Mediation)
Pedagogy: Workshop on Mediation
25. Conciliation in India – meaning, appointment, role of conciliators and 2
process
Basic Reading: Part III of Arbitration and Conciliation Act, 1996
Reference Reading: UNCITRAL Model Law on International Commercial
Conciliation with Guide to Enactment and Use 2016
Pedagogy: Group discussion and lecture
26. Negotiation – process, different styles and strategies 2
Basic Reading: To Be a Negotiator: Strategies and Tactics Lt. General Lazaro
Sumbeiywo (rtd.)Lazaro Sumbeiywo and the Mediation Support Project, Center
for Security Studies (CSS) Swiss Federal Institute of Technology, ETH Zurich
 SVKM’s Narsee Monjee Institute of Management Studies
Name of School – Kirit P. Mehta School of Law
Reference Reading: Negotiation Essentials for Lawyers by Andrea Kupfer
Schneider (Editor), Chris Honeyman (Editor), American Bar Association, ISBN-
13: 978-1641054805 (November 2020).
Pedagogy: Role play exercise
27. Removal of doubts & Feedbacks on Project 2
Total 60
Text Books:
 Law of Arbitration and Conciliation by Avtar Singh, 11th Edition Eastern Book Company,
ISBN: 9789388822848 (2018).
 Alternative Dispute Resolution: The Indian Perspective New Edition by Shashank Garg, Oxford
University Press, ISBN-13: 978-0199483617 (March 2018).
Reference Books:
 Law Relating to Arbitration and Conciliation, Dr. P.C. Markanda, Naresh Markanda,
Rajesh Markanda; 9th Edition, LexisNexis (2016).
 Alternative Dispute Resolution: The Advocate's Perspective, Cases and Materials, 5th
Edition by Edward Brunet, Charles B. Craver, Ellen E. Deason, ISBN 978-1-63281-545-3
(2018).
 Law & Practice of Alternative Dispute Resolution in India – A Detailed Analysis,
Anirban Chakraborty, LexisNexis (2016).
 Negotiation Essentials for Lawyers, Andrea Kupfer Schneider (Editor), Chris Honeyman
(Editor), American Bar Association, ISBN-13:978-1641054805 (November 2020).
 Arbitration & Conciliation Act, 1996 (Lawmann's), Kamal Publishers, 2017 edition, ISBN- 13:
978-9384668679 (2017).
 Negotiating for Success: Essential Strategies and Skills, George J. Siedel, Van Rye Publishing,
LLC, ISBN-13: 978-0990367192 (2016).
 Mediation -Practice and Law (The path to Successful Dispute Resolution), SriramPanchu,
2nd Edition, ISBN: 9789351434917 (2015).
 Law of Arbitration & Conciliation, Justice R S Bachawat, Vol 1 & 2, 6th Edition, Lexis Nexis,
ISBN: 9788131252314 (2017).

Any other information: Latest and updated case laws to be incorporated while teaching.
Details of Internal Continuous Assessment (ICA): 50 Marks

Components Marks
Test 1 20 marks
Quiz 10 marks
Group Discussion 10 marks
Class Participation 10 marks

Dhawal Gandhi
Signature Signature
(Prepared by Mr. Dhawal Gandhi) (Approved by Dean Dr. Durgambini Patel)