Prac cal Training-II

Module II

2.1. The Arbitration and Conciliation Act, 1996

ADR means Alternative Dispute Resolution which includes

various methods of settling a dispute without getting into
the intricacies of the court. It is a method where parties try
to resolve their disputes privately in front of a third-
person expert. The decision is binding on the parties like
the decision of the court. It includes methods like
arbitration, mediation, conciliation and negotiation. These
work on the principles of justice, legal aid and speedy
trial as given under Article 39A of the Indian Constitution.
Even Section 89 of the Code of Civil Procedure, 1908
provides settling disputes by way of ADR. The
proceedings are flexible and creative. It provides
satisfying solutions with reduced cost and time and thus, is
an emerging field in Law. The Parliament felt the need and
passed an act regarding this matter. The article deals with an
act on arbitration and conciliation known as Arbitration and
Conciliation Act, 1996. It lays out the object, extent and
applicability and discusses the important provisions under
the Act. Applicability of the Arbitration and Conciliation Act,
1996
The Act applies to the whole of India but Part I, Part II, Part
III and Part IV will extend to Jammu and Kashmir only if they
relate to international commercial arbitration or conciliation.
The Act was enforced on 22nd August 1996 but the
ordinance was promulgated by the President on 16th
January 1996. The other two ordinances i.e., Arbitration
and Conciliation ordinances were passed on 26th March
and 21st June 1996 respectively.

Objectives of the Arbitration and Conciliation Act, 1996 :

Earlier, the law on arbitration was dealt with under 3
acts which eventually became outdated. As a result of
which the bodies of trade and industry and experts of
arbitration demanded and proposed amendments to make
the Act responsive and at par with the needs of the society.
It was felt that the economic reforms in the country can only
be dealt with if domestic and international commercial
disputes and their settlement are not outside the
purview of such reforms. The United Nations in 1985
adopted the Model Law on International Arbitration and
Conciliation and asked all the countries to give due
importance to it.
This resulted in the enforcement of the said Act. The
various objectives of the Act are:
1. Cover international and domestic commercial
arbitration and conciliation comprehensively.
2. Make a procedure which is fair, efficient and capable of
meeting the needs of the society for arbitration and
conciliation.
3. Provides reasons by the tribunal for granting any arbitral
award.
4. Ensure that the tribunal does not exercise its jurisdiction
beyond the limits.
5. Minimise the role of courts and reduce the burden on the
judiciary.
6. It permits the tribunal to opt for arbitration and
conciliation as a method of dispute settlement.
7. It makes sure that every award is enforced in the same
manner as the decree of the court.
8. It provides that the conciliation agreement reached by
the parties has the same effect as the award granted by an
arbitral tribunal.
9. It also works on the enforcement of foreign awards.

Scheme of the Arbitration and Conciliation Act, 1996 The

Act is divided into four parts:
1. Part I (Sections 2-43) – Applies to the place of arbitration
in India. The award granted is treated as a domestic award.
2. Part II (Sections 44-60) – Enforcement of foreign awards.
3. Part III (Sections 61-81) – Conciliation.
4. Part IV (Sections 82-86) – Supplementary provisions.

It contains three schedules:

1. Schedule I – Convention on the recognition of foreign
awards of arbitration.
2. Schedule II – Protocol to be followed on arbitration
clauses.
3. Schedule III – Convention for the execution of foreign
arbitral awards.
Definitions under the Arbitration and Conciliation Act,
1996
Section 2 of the Act gives various definitions of some
important terms given in the Act. These are:
1. Arbitration – Section 2 (1)(a) of the Act defines arbitration
as to any arbitration which is either administered or not by a
permanent arbitral institution.
2. Arbitration agreement – Section 2(1)(b) of the Act
says that for arbitration agreement Section 7 of the Act
must be referred.
3. Arbitral award – this has not been defined clearly in
Section 2(1)(c) but mentions that it includes interim award.
4. Arbitral tribunal – it means a sole arbitrator or panel
of arbitrators who help in arbitration. (Section 2(1)(d)).
5. Courts – Section 2(1)(e) defines courts. It includes civil
courts having original jurisdiction in a district and the High
Court having jurisdiction to decide issues related to the
subject matter of the arbitration.
6. International commercial arbitration – defined under
Section 2(1)(f). It means arbitration in disputes arising out of
a legal relationship, whether contractual or not and where
one party is a national of another country, a body corporate
in another country, company under the control of any other
country or government of a foreign country.

Legal analysis of the Arbitration and Conciliation Act, 1996

Arbitration (Part I)
It is defined under Section 2 (1)(a) of the Act. It is an
alternative to litigation in courts and is advantageous as it
provides flexibility and confidentiality. According to Black
Law Dictionary, it means a method of resolving disputes
which includes two parties and a neutral third party whose
decision is binding on both parties.
Section 8 of the Act talks about the powers of any
judicial authority to refer a case to arbitration. It must be
followed by an arbitration agreement. The Hon’ble Supreme
Court in the case of P. Anand Gajapati Raju v. P.V.G Raju
(2000) gave certain requirements necessary for referring
parties to arbitration:
• An arbitration agreement must be there.
• A party must bring an action in court against others.
• The subject matter must be the same as in arbitration.
• One party demands arbitration in court.
In another case of Booz Allen and Hamilton Inc. v. SBI Home
Finance Ltd. (2011), it was held that there is no time limit
to file an application but it should be filed before
submission of the first statement related to the dispute.
Further, Section 9 provides that the parties to arbitration
may at any time refer to the court for interim measures.
Types of Arbitration
1. Domestic arbitration – It means that the proceedings of
arbitration will take place as per Indian laws and be subject
to Indian jurisdiction.
2. International and commercial arbitration – This is done
in cases involving disputes out of a legal relationship where
one of the parties is a foreign national, body corporated in
some other country, a company or group which is under
the control of some other country and government of a
foreign country.
3. Institutional arbitration – It is administered by arbitration
institutions like the Indian Council of Arbitration, the
International Centre for Alternative Dispute Resolution
(ICADR) etc.
4. Statutory arbitration – some acts provide for the
resolution of disputes by arbitration. In case there is any
inconsistency between any Act and Part I of the Arbitration
Act then the provisions given in that Act will prevail.
5. Ad hoc arbitration – It means an arbitration where
parties agree without any assistance from the Arbitral
tribunal.
6. Fast track arbitration – It is also called documentary
arbitration. The arbitration proceedings are very fast and
time-saving. It is solely based on the claim statement by one
party and its written reply by another.
7. Look–sniff arbitration – It is a combination of an arbitral
process and the opinion of an expert. There are no formal
submissions and hearings under this.
8. Flip–flop arbitration – It is also called pendulum
arbitration. The parties in this type of arbitration create the
cases before and then invite the arbitrator to decide any one
of the two options.

Advantages of arbitration :
• A person appointed as arbitrator is based on the whims of
the parties.
• If parties agree only then an arbitral tribunal is taken into
matter.
• It is inexpensive and saves time.
• It ensures a fair trial.
• Gives freedom to the parties from judicial intervention.
• Parties choose the place of arbitration themselves
(Section 20).
• The proceedings are kept private and confidentiality is
maintained.
• The arbitral award is enforced in the same way a decree of
the court is enforced.
Disadvantages of arbitration :
• It does not always guarantee an expeditious resolution.
• The procedure is at times uncertain.
• It cannot give remedies like punishment, imprisonment,
injunction, etc. which are given in courts.
• Due to flexibility, it is ineffective.
• The method cannot be easily used in disputes involving
multiple parties.

Cases not referred to arbitration :

Generally, cases of civil rights where the remedy is the
damages are referred to arbitration but Section 2(3) of the
Act gives the list of such cases which cannot be submitted
to arbitration. These are:
• Winding up proceedings of any company. (Haryana
Telecom Ltd. v. Sterlite Industries (1999);
• Disputes that have to be determined by any particular
tribunal as the law may provide;
• Proceedings related to insolvency;
• Probate proceedings;
• Question of will and genuineness;
• Guardianship matters;
• Succession disputes;
• Disputes related to immovable property;
• Illegal transaction cases;
• Proceeding under Section 145 of the Code of Criminal
Procedure; and
• A criminal case cannot be referred to arbitration;
Arbitral tribunals
Composition of tribunals
It is the creation of an agreement which conforms with
the law. Section 10 of the Act enables the parties to
determine freely the number of arbitrators to settle their
dispute. The only restriction is that the number of such
arbitrators must not be even. If the parties are not able to
decide then there will be only 1 arbitrator. But if there are
even number of arbitrators then the agreement cannot be
held invalid merely on this ground. (Narayan Prasad Lohia v.
Nikunj Kumar Lohia, 2002).

Procedure for appointment of arbitrators :

Further, Section 11 of the Act provides the procedure for
the appointment of arbitrators. The valid requirements for
any such appointment are:
• Party must give proper notice of appointment to the other
party. If it does not do so, the appointment is held invalid.
• A person appointed as an arbitrator must be duly
informed and his consent must be taken.
• The consent must be obtained before finalising his
appointment. It also says that if the parties fail to appoint an
arbitrator within 30 days of the request or if two arbitrators
are appointed and not the third one, then the
appointment will be made by Chief Justice or any person
on his behalf designated by him but with the prior request of
the parties.
Termination of arbitrator :
The grounds for termination are given under Section 14 and
Section 15 of the Act. These are:
• If he is not able to perform his functions without undue
delay (whether de jure or de facto),
• If he withdraws or is terminated by the parties,
• He shall be terminated where he withdraws himself or by
agreement of the parties.
• On his termination, a substitute arbitrator will be appointed
as per Section 15.

Jurisdiction :
Section 16 of the Act provides that the tribunal will act
in its jurisdiction. If the arbitral tribunal has no
jurisdiction, then a plea will be raised but not later than
when the statement of defence is submitted. It also
provides that in case a party is not satisfied with the arbitral
award, it can make an application to set it aside according to
Section 34 of the Act. The Supreme Court in the case of
Centro trade Minerals and Metals v. Hindustan Copper Ltd.
(2006), held that any issue related to the jurisdiction can
be raised by people in the proceedings or anyone from
outside. But if it is made by the party then it must be done
during the proceedings or at the initial stage.
Arbitral award
It is a final determination of a claim or a part of it or a
counter-claim awarded by the arbitral tribunal. It must
be written and duly signed by the members of the
arbitral tribunal as given under Section 31 of the Act. The
Section further gives the power to the tribunal to make
interim awards for any matter. In case of payment of
money, it can award the interest which seems reasonable,
just and fair to the tribunal.
Section 32 of the Act empowers the arbitral tribunal to
terminate the proceedings by making a final arbitral award.
The procedure for any correction in the award or its
interpretation is given under Section 33 of the Act. It also
gives the power to the tribunal or the arbitrator to
amend, correct or remove any errors of any kind within 30
days but is silent on judicial review. The tribunals cannot
exercise their jurisdiction beyond whatever has been
mentioned in this section.

Types of arbitral awards:

1. Interim award – It is the determination of any issue arising
out of the main dispute. It is a temporary arrangement to
satisfy a party and is subject to the final award.
2. Additional award – According to Section 33 of the Act,
if the parties find that certain claims have been missed
out by the arbitral tribunal and they were present in
the proceedings then it can after notifying other parties,
make a request to the arbitral tribunal to make an
additional award and cover the claims which have been left.
3. Settlement awards – It is made if the parties agree on
certain terms of the settlement. As per Section 30 of the
Act, the arbitral tribunal may use any method of
dispute resolution like mediation, conciliation or negotiation
to bring a settlement between the parties.
4. Final award – It is an award which finally determines
all the issues in a dispute. It is conclusive unless set aside
by courts and binding on the parties.
Recourse against arbitral awards :
Under Section 34 of the Act, a party if not satisfied can make
an application to set aside the award granted by an arbitral
tribunal. The time limit to make such an application is not
more than 3 months from the date the arbitral award was
made. The grounds are:
• Incapacity of parties.
• Non-existence of the agreement of arbitration.
• Did not follow the due process.
• Error on the part of the arbitral tribunal to exercise its
jurisdiction.
• Improper composition of the arbitral tribunal.
• The subject matter is not capable of being referred to
arbitration.
• It is against public policy.
• Fraud or corruption. Section 37 of the Act provides that
if a person is not satisfied with the order passed by
the tribunal, he/she can appeal to the court. However,
there are no provisions for a second appeal once an
appeal has been made. In the case of Pandey and Co.
Builders Pvt. Ltd. v. State of Bihar (2007), it was held that the
appellate authority in any case which is referred to
arbitration must be decided from the definition of court
given under Section 2 of the Act.
Foreign awards (Part II) :
Foreign awards are given in the disputes arising out of some
legal relations which can either be contractual or not and
are considered under any commercial law of the
country. In simple terms, it means the awards given in
International commercial arbitration. Foreign awards are
granted in foreign countries and are enforceable in India
under the Act. It is divided into two chapters:
1. The New York Convention (1958)
2. The Geneva Convention (1927)
The foreign award related to the New York Convention is
given under Section 44 of the Act and that related to the
Geneva Convention under Section 53 of the Act. The
conditions to enforce these awards in the country are given
under Section 48 and Section 57 of the Act respectively.
Conciliation (Part III) :
It is a process in which a third party helps the parties
in dispute to resolve it by way of agreement. The
person authorised to do so is called a Conciliator. He
may do it by giving his opinion regarding the dispute to
help parties reach a settlement. In other words, it is a
compromise settlement between the parties.
Features of conciliation :
• The person assisting the parties to come to a compromise
is called a conciliator.
• Conciliators give their opinion regarding the dispute.
• The process of conciliation is voluntary.
• It is a non-binding process.
• The main difference between arbitration and conciliation is
that, unlike arbitration, the parties in this process control the
whole procedure and the outcome.
• It is a consensual party and the desired outcome is
the final settlement between the parties based on their
wishes, terms and conditions.
• A conciliator can become an arbitrator on the wish of the
parties if no compromise could be reached by the process
of conciliation. This is known as Hybrid Conciliation.
• The settlement agreement will have the same importance
and status as the arbitration award. (Section 74).
Proceedings of Conciliation under the Act :
• Section 62 of the Act provides that in order to initiate the
conciliation proceedings one party to the dispute has to
invite the other party in writing for conciliation. However,
there will be no proceedings if the other to whom
notice/invitation is sent, reject it or does not reply.
• The general rule states that there must be one conciliator
but in the case of more than one conciliator they have to
function together with each other as per Section 63 of the
Act.
• The appointment of the conciliator like an arbitrator
will be done by the parties themselves under Section 64
of the Act.
• A party according to Section 65 of the Act is under an
obligation to submit in writing the nature of the dispute and
all the necessary information related to it to the conciliator.
• The proceeding can be terminated following any of the
procedures given under Section 78 of the Act.
Role of conciliator :
It is mentioned under Section 67 of the Act:
• He must be independent and impartial.
• He must assist the parties to come to a settlement.
• He is not bound by the procedure given under the Code of
Civil Procedure, 1908.
• He must adhere to the principles of fairness and justice.

Supplementary provisions (Part IV) :

• Section 82 empowers the High Court to make rules relating
to any provision of the Act.
• The Central Government has the power to remove any
kind of difficulties and make rules in the Act as per Section
83 and Section 84 respectively.
• There were 3 Acts dealing with the arbitration in India which
have now been repealed by the Act of 1996. These were: o
The Indian Arbitration Act, 1940 o The Arbitration (Protocol
and Convention) Act, 1937 o Foreign Awards (Recognition
and Enforcement) Act, 1961
Landmark case laws :

Haryana Space Application Centre (HARSAC) v. Pan India

Consultants Pvt. Ltd. (2021)
Facts of the case
In this case, an application was filed under Section 29 A(4) of
the Act wherein it was stated that the decision of the arbitral
tribunal was ready to be pronounced by the authorities. Also,
the required cost was paid to the tribunal. On this, the other
party argued that the application must be denied on the
ground that it lacks reasons for extension under the Section.
However, the argument was rejected and an extension of 3-
months was granted. HARSAC in a response filed a revision in
the High Court. But it again granted a four-month extension.
To this, a special writ application was filed to the Supreme
Court.
Issue involved in the case
Whether the extension be given to the party or not?
Judgement of the Court
It was ruled by the court that the clause given in Section 12
is obligatory when it is dealt together with the Schedule of
the Act. It was also held that the Principal Secretary is not
qualified to be an arbitrator. If been the one, he would
probably influence HARSAC. The court also directed to
appoint another arbitrator who will continue the
proceedings and help them come to an agreement within
6 months.

Indus Biotech Pvt. Ltd. v. Kotak India Venture Fund (2021)

Facts of the case
Indus Biotech issued some preference shares which are
convertible at the option to funds of Kotak India. A clause
was added in the agreement of shareholders but they could
not agree on how to convert these shares into paid-up
equity shares. As a result, Kotak India filed an
application when the other party failed to redeem those
shares.
Issue involved in the case
Whether the subject matter of the dispute falls in those
that could be referred to arbitration if the case is pending
in NCLT?
Judgement of the Court
The Supreme Court opined that the case cannot be referred
to arbitration if the process is in rem. It further stated that if
any proceedings are pending before NCLT under Section 7 of
IBC, then any application under the Arbitration and
Conciliation Act, 1996 will not be entertained. In the instant
case, the Supreme Court held that the decision of NCLT
was reasonable and the case (Indus Biotech Pvt. Ltd. v.
Kotak India Venture Fund, 2021) was successfully referred to
an arbitral tribunal.
Oriental Structural Engineers Pvt. Ltd. v. State of Kerala
(2021)
Facts of the case
In this case, there was a contract to upgrade the
segments of roads. The contractor demanded extra
interest for any late payment. But in the letter, there was no
such provision of any interest on late payments.
Issue involved in the case
Whether the contractor must get such interest even when it
is not mentioned in the letter?
Judgement of the Court
The Supreme Court held that if the tribunal wishes, it can
grant interest as a compensatory award to the contractor. It
also referred to the case of G.C. Roy v. Secretary Irrigation
Department (1991). The fact that the payment of interest
in such cases was not excluded particularly in the
agreement was taken into consideration. But the rate on
such payment was missing and not agreed upon by the
parties. The High Court in this same asked the parties
to fill up the blank details that they left in the appendix.
The Supreme Court held that this decision was incorrect and
impermissible. It ruled that the tribunal was right in
providing compensation as there was no clause in the
contract which mentioned exclusion of payment of
interest if the payment was delayed.
Module III

3.1. Enforcement of Certain Foreign Awards

(In light of New York Convention Awards Geneva Convention
Awards)

The enforcement of foreign arbitral awards in India is

governed by the Arbitration and Conciliation Act, 1996 (the
Act). The Act provides for the enforcement of foreign arbitral
awards that are made in countries that are party to the
New York Convention on the Recognition and
Enforcement of Foreign Arbitral Awards, 1958 (the New
York Convention) or the Geneva Convention on the
Execution of Foreign Arbitral Awards, 1927 (the Geneva
Convention).
The New York Convention is the most widely ratified
international convention on the enforcement of foreign
arbitral awards. It has been ratified by over 160 countries,
including India. The Geneva Convention is less widely ratified,
but it is still binding on India.
To be enforceable in India, a foreign arbitral award must
satisfy the following conditions:
1. It must be made in a country that is party to the
New York Convention or the Geneva Convention.
2. It must be final and binding on the parties.
3. It must not have been set aside or suspended by the
courts of the country in which it was made.
4. It must not be contrary to the public policy of India.
If a foreign arbitral award satisfies these conditions, it
can be enforced in India by filing an application with the
High Court of the state where the award is sought to be
enforced. The High Court will then decide whether to enforce
the award.
The grounds on which a foreign arbitral award can be
refused enforcement in India are limited. The High Court
can only refuse to enforce an award if it finds that:
1. The award is not final and binding on the parties.
2. The award has been set aside or suspended by the
courts of the country in which it was made.
3. The award is contrary to the public policy of India. The
enforcement of foreign arbitral awards in India is a
relatively straightforward process. The Act provides a
clear and comprehensive framework for the enforcement
of foreign arbitral awards, and the High Courts have been
generally receptive to enforcing foreign arbitral awards.

Here are some of the key differences between the

New York Convention and the Geneva Convention :
1. The New York Convention applies to all arbitral awards,
regardless of the subject matter of the dispute. The
Geneva Convention only applies to arbitral awards
arising out of commercial disputes.
2. The New York Convention provides for a more streamlined
procedure for the enforcement of foreign arbitral awards.
The Geneva Convention requires the applicant to provide
more information to the court when seeking to enforce an
award.
3. The New York Convention has a wider scope of
application than the Geneva Convention. The New York
Convention is binding on all countries that have ratified it,
while the Geneva Convention is only binding on countries
that have ratified it and that are party to the dispute.
Overall, the New York Convention is a more favourable
regime for the enforcement of foreign arbitral awards than
the Geneva Convention. This is why most countries have
chosen to ratify the New York Convention instead of the
Geneva Convention.

3.2. Conciliation
Conciliation is a form of alternative dispute resolution (ADR)
in which a neutral third party, called a conciliator, helps the
parties to a dispute reach an amicable settlement. The
conciliator does not make a decision for the parties, but
rather facilitates the discussion and negotiation process.
Conciliation is a voluntary process, and the parties must
agree to participate in it. The conciliator is also a neutral
party, and they must not take sides in the dispute.
The conciliator will typically meet with the parties separately
and together. The goal of the meetings is to help the parties
understand each other's positions and to explore possible
solutions to the dispute. The conciliator may also make
suggestions for solutions, but they cannot force the parties
to agree to anything.
If the parties are able to reach an agreement, the conciliator
will draft a written settlement agreement. The agreement will
be binding on the parties once it is signed by both parties.
If the parties are unable to reach an agreement, the
conciliator will end the conciliation process. The parties
may then choose to pursue other forms of ADR or to go to
court. Conciliation is a confidential process, and the
parties cannot disclose the information that is discussed
during the conciliation process without the consent of the
other party.
Conciliation is a voluntary, confidential, and non-binding
process. It is a flexible process that can be tailored to
the needs of the parties. Conciliation can be a valuable tool
for resolving disputes quickly and efficiently.

Here are some of the benefits of conciliation :

1. It is a confidential process, which can help to protect the
privacy of the parties.
2. It is a non-binding process, which means that the parties
are not legally obligated to accept the conciliator's
suggestions.
3. It is a flexible process, which can be tailored to the needs
of the parties.
4. It can be a faster and cheaper way to resolve a dispute
than going to court.
5. It can help to preserve the relationship between the
parties.
If you are involved in a dispute, conciliation may be a good
option for you. It is a confidential, non-binding process that
can help you to resolve your dispute quickly and efficiently.

3.3. Mediation and Negotiation

Mediation and negotiation are both alternative dispute
resolution (ADR) processes that can be used to resolve
disputes. However, there are some key differences between
the two processes.
1. Mediation is a process in which a neutral third party, called
a mediator, helps the parties to a dispute reach an
amicable settlement. The mediator does not make a
decision for the parties, but rather facilitates the discussion
and negotiation process.
2. Negotiation is a process in which the parties to a dispute
directly discuss the issues and try to reach an agreement.
The parties may or may not have the assistance of a neutral
third party.
3. In mediation, the mediator plays an active role in helping
the parties to communicate and to identify common ground.
The mediator may also make suggestions for solutions to the
dispute. However, the mediator cannot force the parties to
agree to anything.
In negotiation, the parties are responsible for reaching an
agreement. The parties may or may not have the assistance
of a neutral third party, such as a mediator or an arbitrator.
However, if the parties are unable to reach an agreement,
they may need to go to court.
Mediation is often seen as a more flexible and informal
process than negotiation. Mediation can be a good option for
disputes where the parties want to maintain a good
relationship or where the issues are complex and require a
lot of discussion.
Negotiation is often seen as a more direct and efficient
process than mediation. Negotiation can be a good option
for disputes where the parties are willing to compromise
and where the issues are not too complex.
The best ADR process for a particular dispute will depend on
the specific circumstances of the dispute. If you are
involved in a dispute, you should speak to an attorney
to discuss your options.

Here are some of the similarities between mediation and

negotiation :
1. Both mediation and negotiation are voluntary
processes. The parties must agree to participate in both
processes.
2. Both mediation and negotiation are confidential
processes. The information that is discussed during
mediation and negotiation cannot be disclosed to the public
without the consent of the parties.
3. Both mediation and negotiation can be a faster and
cheaper way to resolve a dispute than going to court.

Here are some of the differences between mediation and

negotiation :
1. In mediation, there is a neutral third party who helps the
parties to communicate and to reach an agreement. In
negotiation, the parties communicate directly with each
other and try to reach an agreement without the assistance
of a neutral third party.
2. In mediation, the mediator cannot force the parties to
agree to anything. In negotiation, the parties are free to
accept or reject any offer that is made by the other party.
3. Mediation is often seen as a more flexible and
informal process than negotiation.
Negotiation is often seen as a more direct and efficient
process than mediation. Ultimately, the best way to
resolve a dispute is to choose the process that is most
likely to be successful in your particular case.

3.4 Counselling
Counselling is a process in which a trained professional helps
a person to understand and deal with their problems.
Counselling can be used to address a wide range of issues,
including:
1. Personal problems: such as anxiety, depression, low
self-esteem, and relationship problems.
2. Work-related problems: such as stress, burnout, and
conflict with co-workers.
3. Legal problems: such as divorce, custody, and criminal
charges.
4. Health problems: such as chronic pain, addiction, and
eating disorders.
5. Life transitions: such as retirement, job loss, and the death
of a loved one.

Counselling can be a helpful way to:

1. Understand your problems: Counsellors can help you
to understand the causes of your problems and to
develop coping mechanisms.
2. Develop healthy coping mechanisms: Counsellors can help
you to develop healthy ways of dealing with stress and
difficult emotions.
3. Make positive changes: Counsellors can help you to make
positive changes in your life, such as improving your
relationships or achieving your goals.
4. Build self-esteem: Counsellors can help you to build self-
esteem and to feel more confident in yourself.
Counselling can be a valuable resource for anyone who is
struggling with problems in their life. If you are considering
counselling, it is important to find a counsellor who is
qualified and experienced in the area that you need help
with.

Here are some of the benefits of counselling :

1. It can help you to understand your problems and to
develop coping mechanisms.
2. It can help you to make positive changes in your life.
3. It can help you to build self-esteem.
4. It can be a confidential and supportive space to talk about
your problems.
5. It can help you to connect with others who are going
through similar experiences.
If you are thinking about getting counselling, here are a few
things to keep in mind:
1. Choose a counsellor who is qualified and experienced in
the area that you need help with.
2. Find a counsellor who you feel comfortable with and who
you can trust.
3. Be prepared to talk about your problems and to be open
to feedback from the counsellor.
4. Be patient with the process of counselling. It takes time to
make lasting changes. If you are not sure where to start, you
can ask your doctor for a referral to a counsellor. You can
also search online for counsellors in your area.
Module IV

4.1 Legal writing-

Article and Case Comment,
Editing of a Law Journal

Legal writing is the art of communicating legal ideas in a clear,

concise, and persuasive way. It is an essential skill for lawyers,
law students, and anyone else who needs to write about legal
topics.
There are two main types of legal writing: article and case
comment.
1. Article is a longer piece of writing that typically explores
a legal issue in depth. It may discuss the history of the
issue, the relevant law, and the arguments for and against
different sides of the issue.
2. Case comment is a shorter piece of writing that
analyses a particular court decision. It typically discusses
the facts of the case, the legal issues involved, and the court's
decision.
Both article and case comment writing require a strong
understanding of the law and the ability to communicate
complex legal concepts in a clear and concise way. They also
require the ability to cite legal authority and to use persuasive
writing techniques.
Editing of a law journal is the process of reviewing and
improving the written work of others. It is an important task
that helps to ensure that the law journal's content is accurate,
clear, and consistent.
The editor of a law journal typically has a background in legal
writing and editing. They are responsible for ensuring that
all articles and case comments meet the journal's
standards of quality. This may involve checking for errors
in grammar, spelling, and punctuation, as well as ensuring
that the writing is clear and concise. The editor may also make
suggestions for improving the structure or argument of the
writing.
Editing a law journal can be a challenging but rewarding
task. It requires a keen eye for detail and a strong
understanding of legal writing. However, it also provides
an opportunity to learn from other writers and to contribute
to the development of the law.

Here are some tips for writing legal articles and case
comments:
1. Do your research. Make sure you have a strong
understanding of the legal issue you are writing about.
2. Be clear and concise. Legal writing should be clear and
concise. Avoid using jargon or technical terms that your
audience may not understand.
3. Use persuasive writing techniques. Use persuasive
writing techniques to convince your audience of your point
of view.
4. Cite your sources. When you use information from other
sources, be sure to cite them properly.
5. Proofread carefully. Before you submit your work,
proofread it carefully for errors in grammar, spelling, and
punctuation.

Here are some tips for editing legal articles and case
comments:
1. Be objective. As an editor, it is important to be objective and
to avoid inserting your own opinions into the writing.
2. Be critical. Be critical of the writing and identify any errors
or weaknesses.
3. Be constructive. When you make suggestions for
improvement, be constructive and offer specific feedback.
4. Be respectful. Remember that the writer has put a lot
of work into their writing, so be respectful of their efforts.

4.2 Research for Public Interest Litigation

Here are some tips on how to conduct research for public
interest litigation (PIL):
1. Identify the legal issue. What is the legal question that you
are trying to answer? What is the underlying problem that you
are trying to address?
2. Do your research. Gather as much information as you
can about the legal issue. This includes reading relevant
laws, cases, and articles. You can also talk to experts on the
issue, such as lawyers, activists, and academics.
3. Frame the issue. Once you have a good understanding of
the legal issue, you need to frame it in a way that is
persuasive to the court. This means identifying the
relevant legal principles and arguments that support your
position.
4. Find cases. Look for cases that are similar to your case. This
will help you to understand how the court has ruled on similar
issues in the past.
5. Write a persuasive brief. The brief is your opportunity to
convince the court that your case should be heard. It should
be well-written and persuasive, and it should cite relevant
legal authority.
6. Present your case. If your case is accepted by the court,
you will need to present your case to the judges. This is your
opportunity to explain the legal issue and why your case
should be decided in your favour.

Here are some additional resources that you may find

helpful :
1. The National Legal Services Authority (NLSA) is a statutory
body that provides legal aid to the poor and marginalized
sections of society. The NLSA has a website that provides
information on PIL, including case studies and legal resources.
2. The Indian Law Institute is a research institute that
publishes a number of journals and books on legal topics.
The ILI's website has a section on PIL that includes
articles, case studies, and other resources.
3. The Human Rights Law Network is a non-profit organization
that works on human rights issues in India. The HRLN's
website has a section on PIL that includes information on
current cases and legal resources.

4.3 Use of Computer and internet in professional legal work

The use of computers and the internet has revolutionized the
practice of law. Computers and the internet are used for a
variety of tasks in the legal profession, including:
1. Legal research: Computers and the internet make it
possible to access a vast amount of legal information quickly
and easily. This includes case law, statutes, regulations, and
legal commentary.
2. Document drafting: Computers and the internet can be
used to draft legal documents, such as contracts, pleadings,
and briefs. This can save time and improve accuracy.
3. Communication: Computers and the internet can be
used to communicate with clients, colleagues, and other
professionals. This can be done through email, video
conferencing, and social media.
4. Case management: Computers and the internet can be
used to manage cases. This includes tracking deadlines,
storing documents, and communicating with clients.
5. Researching and analysing data: Computers and the
internet can be used to research and analyse data. This can
be used to identify trends, develop strategies, and make
decisions.
6. Providing legal education: Computers and the internet
can be used to provide legal education. This includes online
courses, webinars, and podcasts.
The use of computers and the internet has made the practice
of law more efficient, effective, and accessible. It has also
made it possible for lawyers to provide a wider range of
services to their clients.
Here are some of the specific benefits of using computers
and the internet in professional legal work:
1. Improved efficiency: Computers and the internet can help
lawyers to be more efficient by automating tasks, streamlining
processes, and providing access to information.
2. Enhanced productivity: Computers and the internet
can help lawyers to be more productive by allowing them
to work from anywhere and collaborate with others more
easily.
3. Increased accuracy: Computers and the internet can help
lawyers to be more accurate by providing access to up-to-
date information and by automating tasks that are prone
to error.
4. Improved communication: Computers and the internet
can help lawyers to communicate more effectively with
clients, colleagues, and other professionals.
5. Enhanced research capabilities: Computers and the
internet can help lawyers to conduct more comprehensive
and efficient research by providing access to a vast amount
of legal information.
6. Reduced costs: Computers and the internet can help
lawyers to reduce costs by automating tasks, streamlining
processes, and providing access to information.
The use of computers and the internet in professional legal
work is constantly evolving. As new technologies emerge,
lawyers will need to adapt and embrace them in order
to remain competitive.

4.4 Law office Management

Law office management is the process of overseeing the
administrative and operational aspects of a law firm. It
encompasses a wide range of tasks, including:
1. Managing finances: This includes tracking expenses,
managing budgets, and collecting payments.
2. Managing personnel: This includes hiring and firing
employees, managing their performance, and providing
training.
3. Managing IT: This includes ensuring that the firm's
computer systems are up and running, that data is backed up,
and that software is updated.
4. Managing client relations: This includes communicating
with clients, managing their expectations, and resolving any
problems that may arise.
5. Managing casework: This includes tracking deadlines,
managing documents, and coordinating with other lawyers
and professionals.
6. Managing office space: This includes ensuring that the
office is clean and organized, that supplies are stocked, and
that repairs are made as needed.
Law office management is essential for the smooth and
efficient operation of a law firm. It is a complex and
challenging task, but it is essential for the success of the firm.

Here are some of the key skills that are essential for law
office management:
1. Organizational skills: Law office managers need to be
able to keep track of a lot of information and to manage
multiple tasks simultaneously.
2. Communication skills: Law office managers need to be
able to communicate effectively with clients, employees,
and other professionals.
3. Problem-solving skills: Law office managers need to be
able to identify and solve problems quickly and efficiently.
4. Leadership skills: Law office managers need to be able to
motivate and direct employees and to create a positive work
environment.
5. Time management skills: Law office managers need to
be able to prioritize tasks and to manage their time
effectively.
Law office management is a demanding but rewarding career.
It offers the opportunity to use a variety of skills and to make
a positive impact on the legal profession.

Here are some of the challenges that law office managers

face:
1. Managing a large volume of work: Law office managers
often have to manage a large volume of work, which can be
stressful and time-consuming.
2. Meeting deadlines: Law office managers often have to
meet tight deadlines, which can be challenging and stressful.
3. Managing client expectations: Law office managers need
to manage client expectations, which can be difficult,
especially when clients are unhappy with the outcome of a
case.
4. Managing staff: Law office managers need to manage
staff, which can be challenging, especially when staff
members have different personalities and work styles.
5. Keeping up with changes in the law: Law office managers
need to keep up with changes in the law, which can be time-
consuming and challenging.
Despite the challenges, law office management can be a
rewarding career. It offers the opportunity to use a variety of
skills and to make a positive impact on the legal profession.
If you are interested in a career in law office management,
there are a few things you can do to prepare:
1. Get a degree in law or a related field: This will give
you the foundation you need to understand the legal
system and to manage a law office.
2. Gain experience working in a law firm: This will give you
the opportunity to learn the ropes and to develop the skills
you need to be successful.
3. Network with other law office managers: This will help you
to learn from others and to find opportunities.
4. Take continuing education courses: This will help you to
stay up-to-date on changes in the law and in the legal
profession.
With hard work and dedication, you can achieve a successful
career in law office management.