Arbitration - Course Plan

Format No. QSP/7.1/01.
F01 (C)
IssueNo.04 Rev. No 4 Dated: June 7, 2014
UNIVERSITY OF PETROLEUM & ENERGY STUDIES

College of Legal Studies
Dehradun
COURSE PLAN
Programme : BA. LL.B. (Hons.) ENERGY LAWS 2010/ BBA. LL.B. (Hons)
Course
: Arbitration and Conciliation & Alternative Dispute Resolution
Mechanism
Semester
:X
Session
: Jan-May 2015
Batch
: 2010 -15
Subject Code : LLBL 461

No. of credits: 4
Prepared by : Charu Srivastava
Email
: csrivastava@ddn.upes.ac.in
Approved By
_______________________
HOD
UPES Campus
_______________________
Dean
Tel : +91-135-2770137
July.-December. 2014
Energy Acres
P.O. Bidholi, Via Prem Nagar
Dehradun -248 007 (U K)
Fax : +91 135- 27760904

Website : www.upes.ac.in
COURSE PLAN
Subject:
Duration
:
Arbitration and Conciliation

& Alternative Dispute
Resolution
Mechanism
Jan-May 2015
Course: BA. LL.B. (Hons.)
ENERGY LAWS 2010
Subject code:
LLBL 461
A. OBJECTIVES:
1. To understand the reasons for conflicts and examine the methods of conflict resolution.
2. To understand the limitations of litigation and to appreciate the advantages of Alternative
methods of dispute resolution.
3. To impress upon the learners that ADR was used historically. It is now being recognised
as well as appreciated by the policy makers and efforts are being made to use ADR methods
wherever possible instead of litigation.
4. To understand the theory and law relating to ADR.
5. To understand the clients problem and help the clients to make decisions.
6. Learn the strategic use of ADR methods.
B. COURSE OUTLINE
MODULE I: INTRODUCTION
MODULE II: MEDIATION
MODULE III: CONCILIATION
MODULE IV: ARBITRATION
MODULE V: OTHER ALTERNATIVE DISPUTE RESOLUTION SYSTEMS
C.PEDAGOGY
Interactive approach during the study. (Students are supposed to come prepared for the
topics for discussion in the class/ case studies/ Presentations/ Viva-voce), randomly any
student can be called on the board to solve the problems.
Work in small groups for Group Projects and personalized teaching
(Student counseling, mentoring and individual/group projects/ assignments, exercises using
Solver and excel etc.)
Presentations (Paper/Group Project)

Case Study
Group Projects (may include practical assignments)
Chalk and talk
Random Questioning
Reflections
Course room exercise
Case Analysis
D. COURSE COMPLETION PLAN
Sessions: 4 (lectures of 1 hour each) for a 4 credit course.

Total hours per week: 4 hours per week.
E. EVALUATION & GRADING
Description
1.
Weight age
Continuous Assessment
Schedule
30%
Detailed Below
2. Mid term Exam
20%
Academic Calendar
3.
50%
Academic Calendar
End term Exam
Internal Assessment: Marks 100 (shall be done based on the following 5 components):
Description
Weight age
Schedule:July.-December. 2014
1. Continuous Assessment
30%
Detailed Below
Continuous Assessment: (Marks 100 - converted to 30- ) shall be done based on the following 5
components:
a.
Two class tests/snap-test/quiz
20 Marks [02 X10 Marks]
b.
Assignment-1
20 Marks
c.
Project work
20 Marks (Abstract, Synopsis, final draft and
presentation)
Or
Court Room Exercise
20 Marks (Memorial + Presentation)
Or
Case Comment
20 Marks (Case Brief + Presentation)
d.
Subject grand viva
20 Marks
e.
Attendance
20 Marks
Formula for attendance marks:
67-75 %
0 Marks
75-80%
5 Marks
80-85%
10 Marks
85-90%
15 Marks
90%-100%
20 Marks
Four components will be used for internal assessment for this course (Total 100 marks), the
details of each component is as follows:
a) Home Assignment:
Assignment will be given on the pattern of End Term Examination and it must be hand
written, to submit/present on a definite date. The assignment should be attached with the
course plan as Annexure-1 It will have 20% weightage.
Individual Viva-voce will be conducted on the assignment.
b) Projects/Presentations/Paper Review/Case Analysis/Write-up/Paper
Publication/Moot Court Participation/Court Room exercise: Weightage 20 %
Faculty has choice to select any one component:
a. Project Topics covering entire syllabus and emerging areas withallotments.
b. Land Mark current and old Cases covering the entire syllabus withallotments
c. Moot Problem with allotments in groups
(i)
The case analysis should be an individual work. While the projectwork and the
Moot Court will be in groups.
(ii) Total number of students is 60 therefore, 15 groups of 4 memberseach will be
formed. Ideally it should be mix of male/female and backgroundCollege of Legal Studies
c) Every Group would be asked to prepare a topic from the suggested

List and go through the primary/secondary data collection and analysis/interpretation and
finally prepare a Group Report of Min. 20 pages.
They are also required to make a presentation on that topic on a scheduled date (would be
communicated in the class). The duration of a group presentation will be 15-20 minutes;
followed by 5-10 minutes discussion/query session.
d) Case Analysis/Group Discussions:
Groups would be formed for case analysis and evaluation would be made on their
presentation, analytic skills and his/her participation as critique.
The weightage would be 30% for this component.
e) Students are encouraged to review research papers and write/publish papers jointly
with the faculty.
2. Quizzes
Two Quizzes will be conducted, as per indicated in the Course Plan. Each quiz would be of
carrying 10% weightage. Therefore, two quizzes would carry 20% weightage i.e. 20 marks. It
may contain Multiple choice questions or short questions/key terms covering modules as
specified in the course plan and Research paper/ cases covered in the course pack to ascertain
that whether the students could understand the basic concepts or not. Most probably would
be online quiz on LMS. (Max. 45 Minutes)
Mid- Sem Examination: 20% Weightage
Mid- Sem examination shall be of two hour duration and shall be a combination of Objective,
short theory questions and numerical problems.
End -Sem Examination: 50% Weightage
End-Sem examination shall be of three hours duration. The examination paper shall have
objective & theory questions, short and long numerical problems.
Passing Criterion: minimum 40% of the highest

marks in the class
Student has to secure minimum 40% marks of the highest marks in
the class scored by a student in that subject (in that class/group
class) individually in both the End-Semester examination and
Total Marks in order to pass in that paper.
Attendance
Students are required to have minimum attendance of 75% in each subject. Students with less
than said percentage shall NOT be allowed to appear in the end semester examination. The
student obtaining 100% attendance would be given 5% bonus marks for internal assessment.
Cell Phones and other Electronic Communication Devices: Cell phones and other
electronic communication devices (such as Blackberries/Laptops) are not permitted in
classes during Tests or the Mid/Final Examination. Such devices MUST be turned off in the
class room.
E-Mail and LMS: Each student in the class should have an e-mail id and a pass word to
access the LMS system regularly. Regularly, important information Date of conducting
class tests, guest lectures, syndicate sessions etc. to the class will be transmitted via email/LMS. The best way to arrange meetings with us or ask specific questions is by email
and prior appointment. All the assignments preferably should be uploaded on LMS. Various
research papers/reference material will be mailed/uploaded on LMS time to time.
F. DETAILED SESSION PLAN
Each lecture should also mention a particular land mark Indian/foreign case with citation
SES
SIO
N
TOPIC
READINGS
PEDAGO
GY
MODULE I: INTRODUCTION
1. Overview of
course Plan
Cha
lk &
Talk
Exa
mpl
es
Dis
cuss
ion
PPT
2.
Alternate
Dispute
Resolutio
n:
Character
istics
Dr S.C. Tripathi, Arbitration and Conciliation Act,

1996 with Alternative means of settlement of
Disputes Central Law Publication. Pg 335-353
O.P Tiwari, Arbitration and Conciliation
Act 1996 with ADR,Allahabad Law
Agency 2010. Pg 363-372
3.
4.
5.
Madhusudan Saharay, Arbitration &

Conciliation with Aleternative dispute
Types of
Resolution, 2nd Edition (Universal law
ADR
Publishing Co. Pvt Ltd., 2011) pg 232-242
Disputes Kinds of
Disputes Justiciabl
e disputeDispute
Resolutio
n
in
adversary
system
Peter Gillies, Arbitration And Fragmentation Of

The Dispute Resolution Process Into Competing
Arbitral And Judicial Proceedings The Courts
Role, Unifying Competing Dispute Resolution
Processes into a One-stop Arbitration, (2009) 17
Asia Pacific Law Review 169.
Advantag
es
and
Disadvant
ages
PPT
Pres
enta
tion
Refl
ecti
ons
Exa
mpl
es
PPT
Pres
enta
tion
Refl
ecti
ons
Exa
mpl
es
PPT
Pres
enta
tion
Refl
ecti
ons
Exa
mpl
es
Whi
tebo
ard
Exa
mpl
es
Dis
cuss
.
Unilateral
- Bilateral
-Triadic
(Third
Party)
Interventi
on
6.
7.
Negotiati Dr S.C. Tripathi, Arbitration and Conciliation Act,

on
Th Disputes Central Law Publication. Pg 349-353
eo
rie
s
an
d
Fr
a
m
e
w
ion
Pres
enta
tion
Refl
ecti
ons
Whi
tebo
ard
Exa
mpl
es
Dis
cuss
ion
Pres
enta
tion
Ran
dom
Que
stio
ns
Lectu
re
White
boar
d
Exam
ples
Prese
ntati
on
or
ks
Sk
ill
s
an
d
Be
ha
vi
ou
r
Ba
rri
er
s
to
A
gr
ee
m
en
ts
MODULE II: MEDIATION
8.
9.
Introducti
on
Overview,
Purposes
and Uses.

Roles of Hiram E. Chodosh, MEDIATING MEDIATION IN

Mediators INDIA
,
Whi
tebo
ard
Dis
cuss
ion
Cas
e let
Lectur
e
Examp
les
Discus
sion
Presen
tatio
n
10.
11.
12.
Roles of
Parties,
http://www.indialawjournal.com/volume4/issue_1/art
Lawyers. icle_by_desia_kanuga.html
Ethics,
Fairness.
Neutrality
,
Confident
iality
http://supremecourtofindia.nic.in/MEDIATION
%20TRAINING%20MANUAL%20OF
%20INDIA.pdf
http://www.ukessays.com/essays/law/concept-ofconfidentiality-in-mediation-settlements-lawessay.php
Lectur
e
Examp
les
Discus
sion
Presen
tatio
n
Examp
les
Discus
sion
Reflec
tion
s
Examp
les
Discus
sion
Reflec
tion
s
MODULE III: CONCILIATION
13.
Meaning
and
concept
Avtar Singh, Law of Arbitration and

Concilation 8th Edition 2007, ECB
Publication. Pg 433-441
Presen
tatio
n
Examp
les
Discus
sion
14.
Arbitratio
n
and
Conciliati
on Act
Appointmen Act 1996 with ADR,Allahabad Law
t
of Agency 2010. Pg 334-337
conciliator
Powers and
functions of
conciliator
Agency 2010. Pg 337-338
15.
16.
17.
White
boar
d
Numer
ical
proble
ms
Discus
sion
Whiteb
oard
Exampl
es
Discuss
ion
Proceedings

Agency 2010. Pg 338-343
Whiteb
oard
Exampl
es
Discuss
ion
Settlemen
t
of
dispute
through
conciliati
on

Whiteb
oard
Exampl
es
Discuss
ion
MODULE IV: ARBITRATION
18.
Meaning
and
Concept
David St John Sutton, Russel on

Arbitration, London Sweet & Maxwell
2007 pg 1-0011-055
White
boar
d
Examp
les
Discus
sion
19.
Backgrou
nd
to
arbitratio
n
legislatio
n

Publishing Co. Pvt Ltd., 2011) pg 1- 13
20.
21.
Applicabl
e Law in Proposed Amendments To The Arbitration &
Arbitratio Conciliation Act, 1996, A Consultation Paper By
Ministry Of Law and Justice Government Of India.
n
Arbitrabil Arbitrability of Disputes, in Gerald Aksen, Karl

ity
of Heinz Bockstiegel, Paolo Michele Patocchi, and
Anne Marie Whitesell (eds.), Global Reflections on
disputes
International Law, Commerce and Dispute
Pres
enta
tion
Exa
mpl
es
Dis
cuss
ion
Pap
er
read
ing
Lectu
re
Exam
ples
Discu
ssio
n
Prese
ntati
on
Lectur
e
Discus
sion
22.
25.
Presen
tatio
n
Arbitratio
n
and
Conciliati
on Act
Historical 1996 with Alternative means of settlement of
Backgrou Disputes Central Law Publication. Pg 2-17
nd
and
objectives
of the Act
Lectu
re
White
boar
d
Exam
ples
Prese
ntati
on
Definition
of
Arbitration,
Arbitrator
etc
Justice R.P. Sethi, Law of Arbitration and

conciliation 2008, Published by Ashok Law House.
Pg 65-189
Domestic
Arbitration

Attributes
of
Domestic
Arbitration
23.
24.
Resolution : Liber Amicorum in Honour of Robert

Briner (ICC Publishing S.S., 2005)
Lectur
e
Examp
les
Discus
sion
Presen
tatio
n
Lectu
re
White
boar
d
Exam
ples
Prese
ntati
on
Lectu
re
White
boar
d
Exam
ples
Prese
ntati
on
26.
27.
28.
Internationa
l
Commercia
l arbitration

Lectu
re
White
boar
d
Exam
ples
Prese
ntati
on
Applicable
law
in
Internationa
l
Commercia
l
Arbitration
Arbitration
agreement
Lectu
re
White
boar
d
Exam
ples
Prese
ntati
on

Pg 171-221
David St John Sutton, Russel on
Arbitration, London Sweet & Maxwell
2007 pg 2-001 to 2-110
Rand
om
questio
ns
Exam
ples
Discu
ssio
n
PPT

Agency 2010. Pg 63-104

29

Pg 275-380
Appointment
of Arbitrator Avtar Singh, Law of Arbitration and
and
Jurisdiction
Lectu
re

Agency 2010. Pg 105-167
Termination Madhusudan Saharay, Arbitration &

of
Arbitrator
Power
to
refer parties Justice R.P. Sethi, Law of Arbitration and
to
Pg 222-238
arbitration
Interim
measures
by court
Proceedings Justice R.P. Sethi, Law of Arbitration and

in Arbitral conciliation 2008, Published by Ashok Law House.
Pg 381-416
Tribunal
30.
31.
32.
33.

Pg 239-273
Lectu
re
Exam
ples
White
boar
d
PPT
Lectu
re
Exam
ples
White
boar
d
PPT
Lectu
re
Exam
ples
White
boar
d
PPT
Lectu
re
Exam
ples

Agency 2010. Pg 210-236
34.
35.
36.
Termination Madhusudan Saharay, Arbitration &

of
nd
Edition (Universal law
Proceedings Resolution, 2
Arbitral
award


Setting
aside
of conciliation 2008, Published by Ashok Law House.
Pg 657-777
Arbitral
award
Discu
ssio
n
Prese
ntati
on
Lectu
re
White
boar
d
Exam
ples
Prese
ntati
on
Lectur
e
Examp
les
Discus
sion
Presen
tatio
n
Lectur
e
Examp
les
Discus
sion
Presen
tatio
n
Publishing Co. Pvt Ltd., 2011) pg 145- 181
37.
38.
39.

Finality and Publication. Pg 364-371
Enforcemen
t of Award
Lectu
re
Exam
ples
Discu
ssio
n
Prese
ntati
on

Lectu
re
Exam
ples
Discu
ssio
n
Prese
ntati
on
Appeal
Enforcem
ent
of
Foreign
Awards

Lectur
e
Examp
les
Discus
sion
Presen
tatio
n
40.
41.
Lectur
e
Examp
les
Discus
sion
Presen
tatio
n
o New York O.P Tiwari, Arbitration and Conciliation

Convention Act 1996 with ADR,Allahabad Law
Agency 2010. Pg 311-326
Awards
o Geneva
Convention
Awards
Lectur
e
Examp
les
Discus
sion
Presen
tatio
n

Agency 2010. Pg 327-332
A PRACTICAL GUIDE FOR DRAFTING
INTERNATIONAL ARBITRATION CLAUSE, By
R. Doak Bishop King & Spalding
MODULE V: OTHER ALTERNATIVE DISPUTE RESOLUTION SYSTEMS
Lokpal
Lokayukt
a
42.
43.
Lecture
Exampl
es
http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02ser/407_
Discuss
06_2013-AVD-IV-09012014.pdf
ion
Present
ation
http://www.thehindu.com/todays-paper/tp-in-school/all-about Lecture
lokayukta/article4270895.ece
Exampl
http://www.academia.edu/1982825/Lokpal_and_Lokayukta_in_I
es
ndia
Discuss

http://hp.gov.in/lokayukta/page/Role-of-Lokayukta.aspx
44.
Family
Courts
Section
89 and
Order X,
Rules 1A,
1B and
1C of
Civil
Procedure
Code
45.
46.
47.
Lok
Adalats
Legal
Aid in
India

http://doj.gov.in/?q=node/83
http://ncw.nic.in/pdfreports/Working%20of%20Family
%20courts%20in%20India.pdf
Civil Procedure Code

ion
Present
ation
Lecture
Exampl
es
Discuss
ion
Present
ation
Lecture
Exampl
es
Discuss
ion
Present
ation
Lecture
Exampl
es
Discuss
ion
Present
ation
Lecture
Exampl
es
Discuss
ion
Present
ation
48.
C.
Recent
developm
ent in the
field of
Alternate
Dispute
Resolutio
n in India
Lecture
Exampl
es
Discuss
http://fdr.cc/publications/AlternativeDisputeResolution_PR.pdf
ion
Present
ation
Evaluation Scheme: Continuous Evaluation

Description
1.
Marks
Schedule
Continuous
Assessment
2.
Mid Semester Exams
30 %
Detailed below
20 %
Refer Academic Calendar
3.
50 %
Refer Academic Calendar
End Semester Exam
G. SUGGESTED READINGS:
1. Justice R.P. Sethi, Law of Arbitration and conciliation 2008, Published by Ashok Law
House.
2. O.P Tiwari, Arbitration and Conciliation Act 1996 with ADR, Allahabad Law Agency
2010
3. David St John Sutton, Russel on Arbitration, London Sweet & Maxwell 2007
4. Madhusudan Saharay, Arbitration & Conciliation with Aleternative dispute Resolution,
2nd Edition (Universal law Publishing Co. Pvt Ltd., 2011)
5. Dr S.C. Tripathi, Arbitration and Conciliation Act, 1996 with Alternative means of
settlement of Disputes Central Law Publication.
6. Avtar Singh, Law of Arbitration and Concilation 8th Edition 2007, ECB Publication.
7. Dispute Resolution by Stephen B. Goldberg, Frank E.A. Sander and Nancy H. Rogers;
8. Introductory Mediation on Conflict Management compiled by Prof. D.K. Sampath;
9. Crisis of the Indian Legal System by Dr. Upendra Baxi
10. Alternate Dispute Resolution in India by Dr. P.C. Rao
11. Law relating to Arbitration and Conciliation by P.C. Markanda Wadhwa and Co. ; 4 th ed.
2001
12. Hand Book of Arbitration Practice by Bernstein Ronold ; Sweet and Maxwell
13. Environmental Conflict Resolution edited by Christopher Napier;Arbitration law by O.P.
Malhotra
ARTICLES
Hiram E. Chodosh, MEDIATING MEDIATION IN INDIA
Proposed Amendments To The Arbitration & Conciliation Act, 1996, A Consultation

Paper By Ministry Of Law and Justice Government Of India.
Emmanuel Gaillard Anti suit Injunctions issued by Arbitrators, International Council

for commercial Arbitration, International Arbitration 2006, Back to Basics.
Law Governing The Merits Of The Dispute, International Commercial Arbitration,

UNITED NATIONS CONFERENCE ON TRADE AND DEVELOPMENT.
Arbitrability of Disputes, in Gerald Aksen, Karl Heinz Bockstiegel, Paolo Michele

Patocchi, and Anne Marie Whitesell (eds.), Global Reflections on International Law,
Commerce and Dispute Resolution : Liber Amicorum in Honour of Robert Briner (ICC
Publishing S.S., 2005)
Peter Gillies, Arbitration And Fragmentation Of The Dispute Resolution Process Into
Competing Arbitral And Judicial Proceedings The Courts Role, Unifying Competing
Dispute Resolution Processes into a One-stop Arbitration, (2009) 17 Asia Pacific Law
Review 169.
William W. Park Arbitrationo f International Contract Disputes
A PRACTICAL GUIDE FOR DRAFTING INTERNATIONAL ARBITRATION
CLAUSE, By R. Doak Bishop King & Spalding
G: 3 Detailed CASE STUDIES

S.N Title
o.
Source
1.
2010 8 SCC 24
2.
3.
4.
Afcons Infrastructure Ltd. and Anr. v. Cherian Varkey

Construction Co. (P) Ltd. and Ors.
Sukanya Holdings Pvt. Ltd v. Jayesh H. Pandya and Anr
Salem Advocate Bar Association v. Union of India (UOI
Booz Allen and Hamilton Inc. v. SBI Home Finance Ltd. and
Ors.
5.
2003 5 SCC 531

2003 1 SCC 49
2011 5 SCC 532
2005 6 SCC 478
P.T. Thomas v. Thomas Job

6.
2011 1 SCC 466

Moti Ram (D) Thr. L.Rs. and Anr v. Ashok Kumar and Anr.
7.
2009 2 SCC 511

R. Manjula v. V. Raja
Bharat Aluminium Co v Kaiser Aluminium Technical

Services Inc
Civil Appeal No.

7019 of 2005
State of J&K v Dev Dutt Pandit
(1999) 7 SCC 339
10
Shashoua v Sharma
11
12
Dubai Islamic Bank PJSC v Paymentech
13
Jagdish Chander v Ramesh Chander
AIR (1998)SC
1297
(2007) 5 SCC 719
14
Renusagar Power Co. Ltd v General Electrical Company
(1984) 4 SCC 679)
15
16
Scott v. Avery
Atlantic shipping and Trading Company v. Drefus and
company
(1843-60) All ER 1
17
Indtel Technical Services Pvt Ltd v W. S. Atkins Plc,
(2008) 10 SCC
308
18
Reliance Industries Limited & Anr v. Union of India
CIVIL APPEAL
NO. 5765 OF 2014
19
M/S. System For International Agencies Vs. M/S. Rahul

Coach Builders Pvt. Ltd.
P. R. Shah, Shares and Stock Broker (P) Ltd. v/s M/s. B. H. H
. Securities (P) Ltd.
2015 STPL(Web)
116 SC
AIR 2012 SC 1866
20
[2009] EWHC 957

(Comm) (07 May
2009)
[2001] 1 LLR 65
K.K. Modi v K.N. Modi
(1922) 2 AC 250
G: 4 WEB SOURCES:
http://mc.manuscriptcentral.com/dsj
http://urbanindia.nic.in/policies/TransportPolicy.pdf
http://www.igi-global.com/journal/international-journal-operations-researchinformation/1141
www.elsevier.com
www.informs.org
www.or.pubs.informs.org
www.orsoc.org.uk
www.passengerterminaltoday.com
www.solver.com
www.ssrn.com
wwws.org
Database: Ebsco
H. Instructions
a) All students will be divided in groups comprising of 3- 4 students in each.
b) Students are expected to read the concerned sessions contents in advance before coming to the
class.
c) The session will be made interactive through active participation from students. The entire
session will be conducted through question-answer, reflections, discussion, current practices,
examples, problem solving activities and presentations etc.
d) In the case study session all students are expected to prepare their analysis and answers/decisions
in their respective groups. Any group may be asked to present their views and defend the same.
e) All schedules/announcements must be strictly adhered to.
f) The complete syllabus would be covered for Viva-voce and one must be thoroughly prepared to
appear for the viva and strictly appear on given time, otherwise, he/she will loose the marks.
g) Late entry(Max. 5 minutes from the class timing) in the class will not be allowed.
-----------------------------------------------------------------------------------------------------------------
Annexure-I
UNIVERSITY OF PETROLEUM & ENERGY STUDIES

COLLEGE OF LEGAL STUDIES
BA.,LLB(HONS.)/BBA.,LLB(HONS.)
SEMESTER
ACADEMIC YEAR: 2015 -16
SESSION: JAN- MAY
ASSIGNMENT I
FOR
Arbitration and Conciliation & Alternative Dispute Resolution Mechanism
(LLBL 461)
Under the Supervision of: Charu Srivastava

(TO BE FILLED BY THE STUDENT)
NAME:
_______________________
SAP NO:
_______________________
ROLL NO
-------------------------------------
Section A (10 Marks)

(Attempt all questions. Each questions carryequal marks)
General Question- subject matter
Write short notes on the following:
Q. No.1 Lex arbitri
Q. No.2 International Commercial Arbitration
Q. No.3 Mediation
Q. No. 4 Arbitral award
Section B (20 marks)- Conceptual Question

(Attempt all questions. Each questions carry equal marks)
Q. N0.6 What are the different modes of Dispute Resolution Processes and analyze
whether they are effective in India?
Q. N0.7 Define Arbitration agreement and comment upon whether the validity of the
Agreement can be challenged, if yes then who decides the matter?
Section C (20 marks)- Analytical question

(Attempt all questions. Each questions carryequal marks)
Q. N0.8 Critically analyze, Whether Alternative Dispute Resolution should be made
compulsory in India?
Q. N0.9 What are foreign awards? How these foreign arbitral awards are enforced in
India?
Section D (50 marks)

Q. No.10 Prepare a case study on Bharat Aluminium Co v Kaiser Aluminium Technical
Services Inc. Highlighting the following:
Facts of the case
Issues involved
Cases overruled
Decision and reason for the decision
Key findings of the court
Impact of BALCO judgment
INSTRUCTIONS TO STUDENTS
ON ASSIGNMENT SOLVING
1. All the questions of the assignment must be handwritten.

2. To answer your assignment questions you need to access multiple information sources
like
a.
b.
c.
d.
Your own prior experience.

Regular reading of Books, Law Journals, magazines and News papers
Reference Books
Browsing the internet for latest updates.
3. Please remember that due to the dynamic and rapidly changing global legal environment
and the continuously realigning geopolitical situation, your answers should capture and
depict the current contemporary information.
4. As a student of Law, we encourage to have a contrary point of view. But do ensure that
you can provide a logical justification to this view supported by verifiable facts, figures,
statues and decided cases by various higher courts.
5. Caution: Remember to provide original answers only as your Assignment submissions
will be run through an anti-plagiarism software (Turnitin).
Annexure-II
GUIDELINES FOR PROJECT WORK
The project will be completed as follows:
1. Abstract: One page in around 300 words
It may be in 3 paragraphs
a. Highlighting the topic
b. Areas of concern and expected solution
c. Scheme of research
d. Key words
2. Submission of synopsis
Synopsis should contain the following:
a. Statement of the Problem
b. Survey of the existing literature
c.
d.
e.
f.
g.
Identification of the issues

Objective and scope of the research
Research Methodology adopted
Probable outcome
Chpterisation
3. Submission of Final Project report after approval of synopsis.

a. Excluding the Cover page, index page and bibliography the main write up should be
around 20 pages. Single Space, Times New Roman, Font Size 11. Printed both sides
b. Project must have- Cover page stating Subject name, Title of the Project, Supervisor
name, Student details etc.
c. Students have to follow a uniform method of citation (the suggested method is Blue
Book 19th Edition) and must mention the same in the research methodology).
d. The main body of the project must contain- Introduction, different chapters,
conclusion, recommendation, foot notes and required bibliography.
4. The project work shall
a. Be focused on the problem
b. Include current status of knowledge in the subject (literature review);
c. Embody the result of studies carried out by him/her;
d. Show evidence of the students capacity for critical examination and judgment; and
e. Be satisfactory in presentation so far as language, style and form are concerned
5. The student shall indicate clearly and extensively in his/her project, the following:
a. The source from which referred information is taken;
b. The extent to which he/she has availed himself/herself of the work of others and the
portion of the /project work he/she claims to be his/her original work; and
c. Whether his/her project work has been conducted independently or in collaboration
with others.
6. A certificate to the effect that the project work carried out by the student independently or
in collaboration with other student(s) endorsed by the student shall form the part of the
submission for evaluation.
7. Every student who spends a specified period of time in an industry/organization/institute
for reasons of work related to his/her project work, with prior permission from the
Coordinator concerned will explicitly acknowledge working in the relevant
industry/organization/institute.
8. All projects submitted by the students will go through the process of plagiarism check
through the anti-plagiarism software (Ternitin). The report produced by the software will
necessarily be as per the standards prescribed by the university. If the report is below
standards the supervisor will reject the project and award zero marks.
LIST OF PROJECT TOPICS
Negotiation is the basis of all ADR methods A Critical Analysis
Role of Chief Justice in the appointment of the Arbitrator
Venture Global Engineering v. Satyam Computer Services, AIR 2008 SC 1061 An analysis
Lok - Adalats in India - A Critical analysis
Party autonomy in arbitration -A Critical analysis
Confidentiality in Mediation and Arbitration
Mediation in Environmental disputes
Business Negotiations
Importance of ADR in the current Indian scenario
International Commercial Arbitration
Conciliation under the Industrial Disputes Act - How different from the Conciliation under
Arbitration & Conciliation Act
Interim Relief in Arbitration
Permanent Lok - Adalats - A Critical analysis
Importance of Client Counseling
Impact of Patel Engineering Case on the competence of the Arbitration Tribunal
Conciliation in India Policy, Law & Challenges
Salem Advocates Bar Association Case A Critical Analysis
Grounds for challenge under the Arbitration and Conciliation Act, 1996
Lok - Adalats and Access to Justice
Arbitration in labour disputes and Arbitration in Commercial dispute - A comparative study
Role of ADR in takeovers & mergers
Court annexed Mediation A critical study
Section 89 of the CPC A critical analysis.
Mediation as extended Negotiation A critical analysis
Competitive Negotiation - A critical analysis
Collaborative Negotiation - A critical analysis
Arbitration Agreements
Enforcement of Foreign awards
Maritime Arbitration
Online Arbitration
Negotiation strategies A comparative analysis.
International Investment Disputes & ADR
Enforcement of ADR solutions
UNCITRAL Model law and Indian Arbitration law
Arbitration is one step before litigation - Critically examine
Element of Negotiation
Role of Judiciary in Promoting ADR
The interplay between Section 8 and 45 of the Arbitration & Conciliation Act, 1996.
Confidentiality issues in arbitral proceedings
Applicable Law to International Commercial Arbitrations: Analysis of Section 28 of the A & C

Act, 1996.
Effect of violation of orders of the Court under section 9 and violation of the orders of the arbitral
tribunal
Arbitration and government contracts
Patent illegality as a ground for setting aside an arbitral award
Arbitration agreement vis--vis the powers of the Court under S. 8 of Arbitration & Conciliation
Act
Derogation from the Arbitration and Conciliation Act (Scope and Limitation)
Public policy and foreign arbitral awards
Arbitration as a means of Dispute Resolution in Sport
Role of Courts Before and During Arbitration
Conciliation under the Arbitration & Conciliation Act: Emerging Issue
Arbitral proceedings and principles of natural justice
Hierarchy between Arbitral Tribunals and Courts
A Critical Analysis of Patel Engineerings case
Enforcement of arbitral award against non parties.
Arbitration in Matrimonial and Family matters
Equality and fair treatment of parties in arbitral proceedings
Consumer Arbitration Agreements
Competence of the Arbitral Tribunal to rule on its own jurisdiction
Deemed Arbitration Agreements: Validity and Viability.
Bias of the Arbitrator: Legal Remedies and Proposed Amendments
Arbitration in International Tax Dispute Resolution
Critical Study of interim measures under the A & C Act
Territorial Jurisdiction of the Courts under the A&C Act, 1996
Arbitration Agreement: A Critical Study of Section 7 of the A&C Act, 1996
A Critical Analysis of s. 43(3) of A &C Act
Applicability of Law of Limitation to Arbitration
Commercial dimension of disputes in International Commercial Arbitration
Principles guiding injunctions and discretionary reliefs under Sec. 9, and application of CPC
Amendment to the Application made under Section 34 of Arbitration & Conciliation Act
Arbitrability of Disputes under the A & C Act
Arbitration proceedings in India in comparison to those in UK.
Arbitration proceedings in India in comparison to those in US
Comparison of enforcement of arbitral awards in India and the United States
Comparative Analysis of the grounds of challenge to arbitral awards in India and Australia
Changing face of arbitration in India.

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Format No. QSP/7.1/01.

UNIVERSITY OF PETROLEUM & ENERGY STUDIES

Subject Code : LLBL 461

Fax : +91 135- 27760904

Arbitration and Conciliation

Course: BA. LL.B. (Hons.)

ENERGY LAWS 2010

MODULE II: MEDIATION

MODULE III: CONCILIATION

College of Legal Studies

MODULE IV: ARBITRATION

MODULE V: OTHER ALTERNATIVE DISPUTE RESOLUTION SYSTEMS

Presentations (Paper/Group Project)

D. COURSE COMPLETION PLAN

Sessions: 4 (lectures of 1 hour each) for a 4 credit course.

2. Mid term Exam

End term Exam

c) Every Group would be asked to prepare a topic from the suggested

Passing Criterion: minimum 40% of the highest

College of Legal Studies

F. DETAILED SESSION PLAN

College of Legal Studies

Dr S.C. Tripathi, Arbitration and Conciliation Act,

Madhusudan Saharay, Arbitration &

Peter Gillies, Arbitration And Fragmentation Of

College of Legal Studies

Negotiati Dr S.C. Tripathi, Arbitration and Conciliation Act,

College of Legal Studies

MODULE II: MEDIATION

Madhusudan Saharay, Arbitration &

Roles of Hiram E. Chodosh, MEDIATING MEDIATION IN

College of Legal Studies

MODULE III: CONCILIATION

Avtar Singh, Law of Arbitration and

College of Legal Studies

O.P Tiwari, Arbitration and Conciliation

Madhusudan Saharay, Arbitration &

College of Legal Studies

MODULE IV: ARBITRATION

David St John Sutton, Russel on

Madhusudan Saharay, Arbitration &

Arbitrabil Arbitrability of Disputes, in Gerald Aksen, Karl

College of Legal Studies

Justice R.P. Sethi, Law of Arbitration and

Avtar Singh, Law of Arbitration and

Resolution : Liber Amicorum in Honour of Robert

College of Legal Studies

Avtar Singh, Law of Arbitration and

Avtar Singh, Law of Arbitration and

O.P Tiwari, Arbitration and Conciliation

Justice R.P. Sethi, Law of Arbitration and

O.P Tiwari, Arbitration and Conciliation

Termination Madhusudan Saharay, Arbitration &

Proceedings Justice R.P. Sethi, Law of Arbitration and

Justice R.P. Sethi, Law of Arbitration and

College of Legal Studies

O.P Tiwari, Arbitration and Conciliation

Termination Madhusudan Saharay, Arbitration &

Avtar Singh, Law of Arbitration and

Justice R.P. Sethi, Law of Arbitration and