Teaching Plan

of

Alternate Dispute Resolution

for
B.A. LL.B. (Hons.)
Semester : VIII
Session : 2023-2024

Compiled By :
Ms. Shruti Nandwana
(Assistant Professor of Law)

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Table of Contents
Sr. No. Contents Page No.
1. Preface 3

2. Objectives of the Course 3

3. Syllabus 4

4. Teaching Plan 5

5. Reference Material 6

6. List of Cases 7

7. Teaching Methodology 9

8. Important Instructions 9

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1.0 Preface/Outline of the Subject
In the year 1990, the Indian economy was opened up for competition. The policy shift has
brought in liberalization and globalization of business. This requires quick resolution of
disputes as well as proper negotiation of contracts so that the scope for dispute is minimized.
In order to facilitate quick resolution to disputes, the Government of India has come out with
new legislations like Arbitration Conciliation Act, 1996 (it has been amended in 2015 by way
of the Arbitration and Conciliation (Amendment) Act, 2015; The Mediation Act, 2023, Legal
Services Authorities Act ,1987 has been brought into effect from 1996; in 2001 Civil
Procedure Code has been and Sec. 89 has been introduced providing for ADR methods liked
Mediation, Conciliation, Lok Adalats and Arbitration.
Subsequent to this amendment, the Supreme Court has been repeatedly emphasizing that the
courts have a duty to identify appropriate cases, which can be referred for mediator,
conciliation or Lok Adalat. These developments are in the light of the fact that litigation as a
method of dispute resolution has not been able to live upto the expectations of the litigants.
According to the National Litigation Policy, 2011, an average life of litigation in Indian
courts is 15 years and the policy intends to bring it down to 3 years by 2020. The Law
Commission of India has observed that there is very little that can be done to improve the
delay in adjudication of disputes in India. Hence, we have to look to alternative methods. In
this background comes the emphasis for learning ADR methods and putting them to use
meaningfully.This is a Compulsory Course. This will be a foundational course for further
seminar courses Arbitration Law & Practice; Negotiation and Contracts etc.,
The methods of disputes resolution mentioned earlier are all skill oriented apart from the
theoretical framework. Hence, there has to be emphasis on clinical method of teaching this
course. Keeping the above objectives in mind, the course is divided into six modules and
reflected as course outline. It will be taught mainly by lecture method, supplanted by socratic
discussions and select simulation exercise.

Objectives of the Course

At the end of the Course it is intended to achieve the following objectives:

1. To understand the reasons for dispute and limitations on the part of formal judicial system
to address them effectively;

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2. Economics of dispute resolution-formal as well as ADR methods,
3. The philosophy underlying the ADR methods;
4. How arbitration is different from other ADR methods;
5. Learn the theory & principles of ADR;
6. Learn the skills of using ADR;
7. Strategy as to choosing the right method of dispute resolution;
8. Analyse and understand the working of Arbitration law-domestic as well as international
9. Learn Client Conferencing in the context of ADR
10. Learn Client Counselling in the context of ADR

3.0 Syllabus
Sr. No. Topic
Module I – Introduction
1. What are disputes
2. Different methods of resolving disputes
3. Negotiation as a method of resolving disputes
4. Mediation as a method of resolving disputes
5. Conciliation as a method of resolving disputes
Module II - Domestic Arbitration under the Arbitration and Conciliation Act
1. Concept of arbitration - Court Annexed ADR-objective and scope, important
definitions
2. Arbitration agreement
3. Arbitration procedure
4. Challenge to the arbitration award and appeal
5. Enforcement of Arbitration Awards
Module III - International Commercial Arbitration and Enforcement of Foreign Awards
1. Concept of International Commercial Arbitration
2. Choice of Law in International Commercial Arbitration-procedural law, substantive
law; law governing contracts, etc.
3. International conventions governing international commercial arbitration
4. Procedure in International Commercial Arbitration

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 5. Enforcement of Foreign Awards
Module IV – The Mediation Act, 2023
1. Applicability and definitions

2. Mediation, mediators and mediation proceedings

3. Enforcement and settlement of mediation agreement,

4. Mediation Council

5. Community Mediation

Module V - Client counselling and Online Dispute Resolution

1. Client counselling, how counselling different from advice
2. How to approach client counselling
3. Different ways of addressing the Client’s problem and their consequences
4. Online mediation and arbitration
5. The nature of disputes which may be taken up for online dispute resolution

4.0 Tentative Lecture/Teaching Schedule

Sr. No. Topic Hours

Module I – Introduction
1. What are disputes 1.5
2. Different methods of resolving disputes 1.5
3. Negotiation as a method of resolving disputes 5
4. Mediation as a method of resolving disputes 5
5. Conciliation as a method of resolving disputes 4
Module II - Domestic Arbitration under the arbitration and conciliation
Act
1. Concept of arbitration 4
2. Arbitration agreement 4
3. Arbitration procedure 4
4. Challenge to the arbitration award and appeal 4
5. Enforcement of Arbitration Awards 4
Module III - International Commercial Arbitration and Enforcement of
Foreign Awards

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 1. Concept of International Commercial Arbitration 1
2. Choice of Law in International Commercial Arbitration- 2
procedural law, substantive law; law governing contracts, etc
3. International conventions governing international commercial 2
arbitration
4. Procedure in International Commercial Arbitration 2
5. Enforcement of Foreign Awards 2
Module III – The Mediation Act, 2023
1. Applicability and definitions 1
2. Mediation, mediators and mediation proceedings 2
3. Enforcement and settlement of mediation agreement, 2
4. Mediation Council 2
5. Community Mediation 2
Module V - Client counselling and Online Dispute Resolution
1. Client counselling, how counselling different from advice 1
2. How to approach client counselling 1
3. Different ways of addressing the Client’s problem and their 1
consequences
4. Online mediation and arbitration 1
5. The nature of disputes which may be taken up for online 1
dispute resolution
Total 60

5.0 Reference Material

 Arbitration and Conciliation Act, 1996
 The Mediation Act, 2023
 Law of Arbitration and Conciliation including Alternative Dispute Resolution
Systems – Avtar Singh
 Commentary on the Law of Arbitration – Indu Malhotra
 ADR Principles and practice of Harry Brown and Arthur Marriot pages
 Client Conference and Counseling method form lawyers as counsellor by David A
Binder and Susan Price
 Relevant readings from the reading material

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6.0 List of Cases

1. Salem Advocates Bar Association, TN v. UOI AIR 2005 SC 3353

2. Afcons Infrastructure Limited &Anr v. Cherian Varkey Construction Company (P)
Ltd., (2010) 8 SCC 24
3. K. K. Modi v. K. N. Modi & Others, AIR 1998 SC 1297
4. Jagadish Chander v.Ramesh Chander, (2007) 5 SCC 719
5. Booz Allen & Hamilton Inc. v. SBI Home Finance Limited, AIR 2011 SC 2507
6. Shakti Bhog Foods Limited v. Kolar Shipping Limited, (2009) 2 SCC 134
7. Sundram Finance Limited v. M/s NEPC India Ltd., AIR 1999 SC 565
8. Adhunik Steels Ltd. v. Orissa Manganese and Minerals Pvt. Ltd. AIR 2007 SC 2563
9. Firm Ashok Traders & Anr v. Gurumukh Das Saluja & Others, AIR 2004 SC 1433
10. Narayan Prasad Lohia v. Nikunj Kumar Lohia, AIR 2002 SC 1139
11. Sime Darbey Engineering v. Engineers India Ltd., AIR 2009 SC 2158
12. Wellington Associates v. Kirit Mehta, AIR 2000 SC 1379
13. Konkan Railway Corporation Ltd. v. Rani Constructions (P) Ltd, AIR 2002 SC 778
14. S.B.P & Company v. Patel Engineering Ltd. AIR 2006 SC 450
15. ONGC v. Patel Engineering, AIR 2006 SC 450
16. Municipal Corporation Jabalpur v. Rajesh Construction Company AIR 2007 SC 2069
17. Olympus Super Structures (P) Ltd. v. Nina Vijay Khaithan AIR 1999 SC 2102
18. Datar Switchgears Ltd vs Tata Finance Ltd. AIR 2007 SC 2069
19. Bhatia International v. Bulk Trading AIR 2002 SC 1432
20. Venture Global Engineering v. Satyam Computers Services, AIR 2008 SC 1061
21. Bharat Aluminum Co. v. Kaiser Aluminum Technical Civil Appeal 3678 of 2007
22. Paramjit Singh Pateja v ICDS Ltd, AIR 2007 SC 168
23. National Aluminium Company Ltd. v. Press Steel & Fabrications (P) Ltd. AIR 2005
SC 1514
24. State of Punjab v. Jalour Singh MANU/SC/7021/2008
25. ONGC v SAW Pipes AIR 2003 SC 2629
26. Adhunik Steels Ltd. V. Orissa Manganese and minerals ltd., AIR 2007 SC 2563
27. AnilKumar Jinabhai Patel(D) v. Pravinchandra Jinabhai Patel AIR 2018 SC 1627
28. State of Bihar v. Bihar Rajya Bhumi Vikas Bank AIR 2018 SC 3862
29. Sundaram Finance Ltd. V. Abdul Samed and others AIR 2018 SC 965

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 30. Shriram Epc Ltd., v. Rioglass Solar Sa AIR 2018 SC 4539
31. Kishan Vs. Vijay Nirman Co. Pvt. Ltd., (2018) 10 Scale, 256.
32. UOI v. Khaitan Holdings ltd., 2019 SCC.
33. Union Of India Ministry Of ... vs Hardy Exploration And Production (India) Pune
AIR 2018 SC 4871.
34. Lifestyles V. Vama Apparels, Delhi High Court. CS (Common) 735/2018 divided on
19th Feb. 2020.
35. M/s Dharmaratnakara Rai and Other v. Ms/ Bhaskar Raja & Borthers Civil Appeal
No. 1599 of 2020
36. Vijaya Karia and Others v. Prysmian Cavi E Sistemi SRL Civil appeal No. 1545 of
2020.
37. TRF limited v. Energo Engineering Projects ltd., (2017) 8 SCC 377.
38. Essar House Pvt. Ltd. v. Arcellor Nippon [2022] SC 625
39. Emaar India v. Tarun Aggarwal 2022 SCC OnLine 1328
40. IOCL v. NCC Civil Appeal Nos. 341 to 345 of 2022
41. Executive Engineer v. Gokul Chandra 2022 SCC OnLine SC 1336
42. ONGC v. Afcons Gunanusa JV 2022 SCC OnLine SC 1122
43. TATA Sons (P) Ltd. v. Siva Industries and Holdings Ltd. 2023 LiveLaw (SC) 39
44. Alpine Housing Development Corpn. (P) Ltd. v. Ashok S. Dhariwal 2023 SCC
OnLine SC 55
45. NTPC Ltd. v. SPML Infra Ltd 2023 SCC OnLine SC 389....
46. N.N. Global Mercantile (P) Ltd. v. Indo Unique Flame Ltd, 2023 SCC OnLine SC
1666...
47. Larsen Air Conditioning & Refrigeration Co. v. Union of India 2023 SCC OnLine SC
982.
48. Hindustan Construction Co. Ltd. v. National Highways Authority of India 2023 SCC
OnLine SC 1063....
49. Cox and Kings Ltd. v. SAP India (P) Ltd. (Cox and Kings II) 2023 SCC OnLine SC
1634.
50. Chennai Metro Rail Ltd. v. Transtonnelstroy Afcons (JV) 2023 SCC OnLine SC 1370
51. Lombardi Engg. Ltd. v. Uttarakhand Jal Vidyut Nigam Ltd 2023 SCC OnLine SC
1422...
52. Unibros v. All India Radio 2023 SCC OnLine SC 1366..

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7.0 Teaching Methodology
It is a combination of theory involving case law and working of thee ADR methods in reality.
The ADR methods involve strategy and skills, so clinical methodology will also be used.
There will be good emphasis on simulation exercises to appreciate and learn the strategy and
skills involved in the dispute resolution.

8.0 Instructions to Students

Instructions for class preparation etc.

Students are required to read the indicated basic material before coming to the class.
Additional reading material and case law to be read will be intimated well in advance.
Students are required to read the additional reading material and case law notified in advance
at appropriate phase of teaching.

The students are required to interact in the class meaningfully so that the learning maximized.
This course being a skills course also, there will be few simulation exercises. Students are
encouraged to participate in simulation exercises. So that they experience the conducting of
the ADR methods as well as skills. In so far as project topics are concerned students are
encouraged to undertake empirical research to the extent possible. This will help them to
contextualise the ADR methods functioning in reality and ideal as contained in literature in
the books.

Most Important: Please keep the mobiles in switched off mode.

Students are encouraged to bring the bare Acts and the reading material of their choice.

Shruti Nandwana
Assistant Professor of Law
Course Teacher