LL.B. (Three Years) Alternate Dispute Resolution System Syllabus - SPPU 2026

Loading syllabus...

Syllabus for Alternate Dispute Resolution System

Semester 4 · Second Year · Practical training paper · 4 credits

Course aims

This course aims to provide opportunity to the students to understand alternatives to traditional courtroom litigation for resolving disputes such as negotiations, mediations, conciliations, arbitration, Lok Adalat at domestic as well as at international level. The ADR mechanism is less bound by procedural formalities and speedy in giving results, having involved experts for resolving disputes and having potential to preserve relationships between parties in a dispute. For this reason, ADR is appreciated by many countries around the world. The course is designed to give the students insightful knowledge about this emerging area. The course covers study of the Arbitration and Conciliation Act, 1996, Mediation Act, 2023, the Legal Services Authority Act, 1987, other statutory provisions and few international perspectives and enforcement of foreign awards. It equips students with valuable negotiation, mediation, and conflict resolution skills that are increasingly in demand across various industries.

Objectives

This course develops collaborative approach amongst the students and budding advocates pertaining to dispute resolution. This course is designed with two-fold objectives, to aware students with domestic and international legal framework for ADR and to develop required skills for ADR. This course aims to inculcate human values by training them with negotiation and mediation techniques relating to our Indian traditional knowledge system. Nowadays commercial entities prefer ADR over traditional courtroom litigation as ADR has potential to provide mutually acceptable solutions by requiring more active participation of the parties and by keeping their privacy intact. Thus, this course aims to provide a lucrative career option for law graduates.

Outcomes

● To acquaint with present national and international ADR legal arena with landmark case studies.
● To develop collaborative perspective and learn communication skills for adapting ADR techniques.
● To acquaint with drafting of national and international arbitration agreement/clauses
● To grasp role of judiciary in domestic and international ADR mechanism
● To adopt human values of prioritizing collaboration and communication by maintaining positive working relationships even amid disagreements

Module 01: Introduction

1. Alternate Dispute Resolution Mechanisms: Meaning, Definitions, Concept, Forms and History
2. Difference between Negotiation-Mediation-Conciliation-Arbitration
3. Structure Powers and Functions of the Authorities under the Legal Services Authority Act, 1987 Lok Adalat and Permeant Lok Adalat
4. Legislative and judicial sanction for ADR and development of ODR in ADR
5. Other legal provisions dealing with ADR:
i. Section 89 of Civil Procedure Code 1908
ii. Family Courts: Section 9 of Family Courts Act, 1984 and The Maharashtra Family Courts Rules, 1987
iii. MSME Laws: Section 18 to 21 of The Micro Small and Medium Enterprises Development Act 2006
iv. Labour and Industrial Laws: Industrial Dispute Act 1987
v. Section 32(g) of Real Estate (Regulation and Development) Act, 2016
vi. Section 74 to 81 of Consumer Protection Act, 2019
vii. Section 442 of Companies Act 2013

Module 02: Negotiation and Mediation

1. Meaning, features, theories, types of negotiation
2. Appointment, role and qualities of the negotiator, Process of negotiation, International negotiation
3. Meaning, features, theories and role of Mediation, Mediation Skills
4. Applicability of the Mediation Act, 2023, Appointment and role of mediator,
5. Mediation proceedings, conduct, and time limit for completion of mediation, Confidentiality, online mediation
6. Mediation settlement agreement and registration, its enforcement and non- settlement report
7. Mediation Council of India, constitution, powers and functions
8. Mediation Service Providers and Mediation Institutes, institutional Mediation, Community Mediation, Mediation fund

Module 03: Conciliation

1. Meaning, features and modes of Conciliation
2. Conciliation under the Arbitration and Conciliation Act, 1996
3. Appointment and role of conciliator
4. Techniques of conciliation and Termination of conciliation proceedings
5. Contractual provisions about conciliation

Module 04: Arbitration

1. Meaning, features, theories and types of arbitration
2. Types of Arbitration - Domestic and International arbitration, Institutional arbitration
3. Advantages and disadvantages of arbitration
4. The arbitration agreement, formation, its essentials
5. Validity of arbitration agreement
6. Rule of severability, Effect of death, insolvency, etc. on agreement
7. Parties to arbitration agreement, Agreement as binding on third parties
8. Power of Court to refer parties to arbitration
9. Jurisdiction of Courts

Module 05: Structure, Powers and Functions of Arbitral Tribunal

1. Constitution of Arbitral Tribunal - qualifications to act as arbitrator
2. Disclosures by arbitrator, Disqualification of arbitrators
3. Grounds to challenge appointment and procedure of Arbitrators
4. Powers of Courts to appoint Arbitrators
5. Jurisdiction of arbitral tribunal - Power to rule on its own jurisdiction: Doctrine of “compétence-compétence”
6. Interim measures ordered by arbitral tribunal
7. Interim measures by Court

Module 06: Arbitration Proceedings and Award

1. Conduct of arbitral proceedings, procedure, rules of procedure
2. Language, impartiality of arbitrator, equal treatment of parties
3. Procedure before arbitral tribunal, claim, defence, hearing, evidence, experts, confidentiality, application of the Law of Evidence and Limitation
4. Court’s assistance in taking evidence, fast track procedure
5. Arbitral award - Types of award - Form and Content - Finality of award - Interpretation of award
6. Correction in award - Stamp duty - Registration - Additional Award Costs - Termination of proceedings
7. Time limits for award, extension of time
8. Recourse against award, Grounds of setting aside award, Court’s role, Enforcement of award

Module 07: International Perspectives and Enforcement of Foreign Awards - International Perspectives

1. UNCITRAL Model Law on International Commercial Arbitration
2. The Geneva Protocol on Arbitration Clauses, 1923
3. The Geneva Convention on the Execution of Foreign Arbitral Awards 1927
4. The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958
5. Foreign awards: meaning and definition (New York Convention Awards and Geneva Convention Awards)
6. Referring parties to arbitration
7. Binding nature of foreign awards,
8. Enforcement of foreign award, Proof of award, Conditions for enforcement, The role of national courts in the international arbitration process
9. Jurisdictional issues
10. India International Arbitration Centre Act, 2019

Any other information

1. The topics, cases and suggested readings given above are not exhaustive.
2. Teachers of the Course shall be at liberty to add the case/suggested readings.
3. Students are required to study/refer to the legislations as amended from time to time, and consult the latest editions of books on this course.
Note:
1. The college shall also organize a visit of students to State Legal Services Authority / District Legal Services Authority / Taluka Legal Services Committee / Local Legal Aid Centre to observe actual working of the Authority. Alternatively, the college may organize an interaction session(s) of experts in the concerned area with the students.
2. The purpose of the visit / interaction session should be to provide or to enhance the practical knowledge of the students with respect to the course.
3. The concerned teacher is advised to orient the students, before organization of visit / interaction session, as to purpose of visit / interaction, concerned legal provisions, etc.

Part B: Contents of Written Submissions (Journal)

The Written Submissions (Journal) shall contain the following:
1. Draft of a domestic arbitration agreement after a commercial dispute has arisen between parties.
2. Draft of an application to the Court for setting aside an arbitration award.
3. Draft of an application to the appropriate court to appoint an arbitrator when parties have failed in their attempts to appoint one according to the arbitration agreement.
4. Report on interaction session(s) on Alternate Dispute Resolution System.
5. Report on visit to State Legal Services Authority / District Legal Services Authority / Taluk Legal Services Committee / Local Legal Aid Centre or on Interaction Session(s).
Note:
1. A concerned teacher may change topics for writing of drafts by considering the objectives of the course.
2. A Report on visit / interaction session shall consists : (1) Purpose of the Visit / Interaction, (2) Observations / Information Collected by the student, (3) Relevant Provisions of Law, (4) Comments on Linkage between Law and Practice. A concerned teacher may add in or modify the specified contents of report.

Reproduced from the Savitribai Phule Pune University Revised CBCS Rule and Syllabus for LL.B., the 2023 pattern as amended on 18 July 2024. Wording is as printed in that syllabus. Module numbering is as printed there too.

The complete syllabus

Every subject above is cut from the revised syllabus. Open the document here if you want the whole thing rather than a single subject.

PDF Complete LL.B. syllabus Revised syllabus (CBCS 2023 pattern), as amended on 18 July 2024 Read full PDF Read

Issue