BSS Business School
BSS Master
Diploma in Alternative
Dispute Resolution
Part I:
Alternative Dispute Resolution
Dispute
Resolution: Definition
of Disputes - Causes of Disputes - Dispute Resolution at Inter-personal Level.
Role of State
in Dispute Resolution:
Judicial Settlement - Adversarial System in Common Law Systems - Advantages and
Disadvantages of Judicial Settlement and ADR - Importance of ADR Mechanism -
Judicial Reforms.
ADR
Mechanisms:
Definition and Scope of ADR - Evolution of ADR - Kinds of ADR - Choice of ADR
Mechanisms - Arbitral Disputes - Application of ADR in India - ADR as an
Interest-based System.
ADR at
Grassroot Level:
Lok Adalat and Nyaya Panchayat - Legal Aid and Free-litigation Counseling -
Legal Services Authorities Act, 1987.
Application of
ADR to Different Disputant Situations:
Motor Accident Disputes - Family Disputes - Plea-bargaining in Criminal Cases -
Compoundable Offences - Intellectual Property Rights - Employment Disputes -
Healthcare Issues - Business Disputes - Environmental Issues and ADR.
Part II:
Arbitration under Arbitration and Conciliation Act, 1996
Legislative
Background: History of
Arbitration in India - Legislative Background - UNCITRAL Model Law and Rules.
Arbitration and
Conciliation Act, 1996:
Salient Features of Arbitration and Conciliation Act, 1996 - Autonomy of
Arbitration Agreement - Termination of Arbitration Agreement - Arbitrable
Disputes - Laws applicable to Arbitration.
Arbitrators and
Arbitration Tribunals:
Procedure for Appointment of Arbitrators - Powers and Duties of Arbitrators -
Challenges for Arbitrators - Guidelines for Arbitrators - Code of Ethics for
Arbitrators.
Arbitral
Procedure:
Jurisdictional Issues - Conducting of Arbitral Proceedings - Interim Measures of
Protection - Making of Awards.
Arbitral
Awards: Form and
Contents of Arbitral Award - Kinds of Awards - Correction, Interpretation and
Amendments to Awards - Setting Aside of an Arbitral Award - Enforcement of
Arbitral Awards.
Reference of
Court: Power of Court
to Refer Parties to Arbitration - Definition and Meaning of Parties Under
Section 8 - Stay of Legal Proceedings.
Conciliation:
Meaning and Scope of Conciliation - Appointment of Conciliators - Conduct of
Conciliation Proceedings - Settlement Agreements.
Part III: International
Commercial Arbitration and Conciliation and Enforcement of Foreign Awards
Scope of
International Commercial Arbitration:
Reasons for choosing International Commercial Arbitration - Initiatives by
UNCITRAL - Definition of "International" - Definition of
"Commercial".
Arbitration
Agreement: Drafting of
the Arbitration Agreement - Autonomy of the Arbitration Clause.
Questions of
Sovereign Immunity:
Acts relating to State Immunities in various Countries - Exceptions to the
Jurisdictional Immunity - Enforcement of Arbitral Awards against States.
Interim
Measures: Interim
Measures - Interim Measures by Court - Interim Measures by Arbitral Tribunal -
Enforcement of Interim Measures.
Enforcement of
Foreign Awards - Geneva Convention:
Geneva Protocol, 1923 - Geneva Convention Awards.
Enforcement of
Foreign Awards - New York Convention:
The New York Convention - The Arbitration (Protocol and Convention) Act of 1937
- The Foreign Awards (Recognition and Enforcement) Act of 1961.
Enforcement of
Foreign Awards under Arbitration and Conciliation Act of 1996:
Foreign Arbitral Award and Domestic Award - New York Convention Awards - Geneva
Protocol and Geneva Convention Awards - Non-convention Awards - Public Policy.
International
Commercial Conciliation:
International Commercial Conciliation - Conciliation under the 1996 Act of
India.
Part IV: Arbitration and
Conciliation - Comparative Study and Emerging Trends
ADR in
Other Countries:
ADR in the USA - ADR in the UK - ADR in Germany - ADR in Russia - ADR in
Singapore - ADR in China - ADR in Japan.
Arbitration Act
of 1996 of the UK:
History of Arbitration in UK - Arbitration Laws in UK - The UK Arbitration Act,
1996.
Arbitration
Acts of the USA:
Distinctive Features of the US Arbitration Law - Federal Arbitration Act -
Uniform Arbitration Act - Major Arbitration Institutions in the United States.
International
Chamber of Commerce Rules of Arbitration:
History of the International Chamber of Commerce - Rules of Arbitration - Other
Dispute Resolution Bodies/Services of ICC - Convention on the Recognition and
Enforcement of Foreign Arbitral Awards (New York, 1958).
World
Intellectual Property Organization and Arbitration:
WIPO Arbitration - WIPO Arbitration Rules - Expedited Arbitration and Other
Services - Mediation and WIPO Mediation Rules.
Online Dispute
Resolution:
Introduction to Online Dispute Resolution - Dispute Resolution in Cyberspace -
Legal Issues Involved in Online Dispute Resolution - Emerging Trends in Online
Dispute Resolution.
Hybridization
of Arbitration: MED-ARB
Procedure - ARB-MED Procedure - Binding and Non-Binding Arbitration - Other
Hybrid Procedures.
Court-Annexed Arbitration:
Court-Annexed Arbitration in India - Advantages of Court: Annexed Arbitration in
India - Court-Annexed Arbitration in US.
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