COURSE MANUAL

Alternative Dispute Resolution

Spring 2025

Course Instructors
Oiswarjya Basu (Course Co-ordinator)
Aishwarya Jain
Anjali Chawla
Ashiv Choudhary
Avineet Singh Chawla
Bhat Chaitra Rajagopala
Medhavi Singh
Nikolaos K. Voutyrakos
Prakhar Chauhan
Ribha Kasana
Santiego Weil
Souradeep Mukhopadhyay
Spriha Bhandari
[AY 2025-26]
This document is prepared by the course instructors and is the basic
information relevant to the execution of the course. It is the official record
for all intents and purposes so far as the core course, Alternative Dispute
Resolution, is concerned.

PART I: OFFICIAL RECORD

Information on ADR course offered by Jindal Global Law School

Course Title: Alternative Dispute Resolution (ADR)

Course Code: L-CC-001

Course Duration: One Semester

No. of Credit Units: 4 (Four)

Level: N.A.

Hours of Teaching: N.A.

Medium of Instruction: English

Pre-requisites: None

Pre-cursors: None

Equivalent Courses: None

Exclusive Courses: None

PART II: COURSE INFORMATION

Course Description

Alternative Dispute Resolution are a series of dispute resolution methods

that are considered “alternative” to conventional litigation. These
alternative techniques can be adjudicatory like arbitration or non-
adjudicatory like meditation, negotiation or conciliation. These non-
litigation methods have the advantage of totally avoiding the prolixity delay
of the court system. It is generally accepted that these alternative methods
have many added benefits like the preservation of relationships,
confidentiality, party autonomy and an expert determination of the dispute
and as such they have gained wide popularity in the commercial world. The
subject matter course is a introduction to these Alternative Dispute
Resolution methods.

Course Aims

This course deals with the theoretical as well as clinical part of the law of
alternative dispute resolution and aims to:

● Foster an understanding of the benefits of alternative dispute resolution

systems

● Foster an understanding of the theoretical concepts involved in

the subject so as to be able to apply them in practice
● Foster an understanding of the principal law dealing with
alternative dispute resolution i.e. the Arbitration and Conciliation
Act 1996 (as amended up to date)
● Provide exposure to Lok Adalats and mediation
 ● Develop practical understanding of Alternative Dispute
Resolution methods through simulation exercises, role plays,
real clients and case scenarios and other forms of clinical
methodology
● Develop skills and values required for Alternative Dispute Resolution
methods

Teaching Methodology

The class will cover between one and two topics each week as per the
lecture program. At the conclusion of each week, the professor will tell
students how far ahead to read in the required readings for the next
week. Students are expected to attend all class meetings and to complete
all the required readings. If you are unable to attend a class meeting, or
complete one of the reading assignments before the class session, you
should contact the course instructor in advance.

The class format will combine lecture and discussion, with a primary
focus on the latter. Students are expected to prepare for and participate
in class discussion on a regular basis.

Course Intended Learning Outcomes

Course Intended Teaching & Assessment Tasks

Learning Outcomes Learning & Activities
Activities

By the end of the course students

should be able to:
1. Analyze and Reading of cases and Final Examination
critically other material, and (50% marks)
describe/ research
explain: ● Students will
● The main acquire knowledge
substantive rules of the substantive
of arbitration, rules of alternative
Internal
conciliation and dispute resolution
Assessment TBD by
mediation pertaining to the
each course
pertaining to the topics to be
instructor for their
topics to be covered in the
respective classes.
covered in the syllabus.
syllabus. ● Preparation
outside the class
Lectures
● Students will be
given guidance on
their reading and
research for their
lectures and
tutorials.
● Students will, by
responding to
questions and
performing
exercises, develop
their analytical and
critical
capabilities.
2. Analyze and Lectures
critically
 evaluate: ● Students will be
● issues and introduced to
concerns in issues, concerns,
the field of and aspects of the
alternate operation of the
dispute substantive rules
resolution of alternative
● the operation of dispute resolution
the substantive Preparation for tutorials
rules of ● Students will
alternative research issues
dispute relating to the
resolution in subject.
terms of their
objectives.

Tutorials
● Students will
give
presentations on
selected topics
in which they
will scrutinize,
analyze and
evaluate issues
and concerns in
alternative
dispute resolution.
⮚ Apply the Lectures
principles of ● Students will be
 alternative dispute shown how legal
resolution to solve problems are
legal problems by: solved applying
● researchi rules of industrial
ng dispute
relevant settlement.
issues Preparation for tutorials
● analyzing ● Students will
and research issues
resolving relating to
problems alternative
● effectively dispute resolution
communicat Tutorials
in g their
● Students will
solutions
give
orally and
presentations on
in writing.
selected topics
in which they
will scrutinize,
analyze and
evaluate issues
and concerns in
alternative
dispute
resolution.

Grading of Student Achievement

To pass this course, students must obtain a minimum of 40% in the

coursework and the examination elements of the assessment. Coursework
for this purpose means those ways in which students are assessed
otherwise than by the end of session examination. Of the total score
required to pass this course, a minimum of 50% shall be obtained by the
student in the course work (i.e., combined score of internal assessments
and end term examination).

Grade Sheet#

Percentag Grade Grad Grade Description

e of Marks e
Value

80 and above O 8 Outstanding – Exceptional knowledge

of the subject matter, thorough
understanding of issues; ability to
synthesize ideas, rules and principles
and extraordinary critical and analytical
ability

75 – 79 A+ 7.5 Excellent - Sound knowledge of the

subject matter, thorough understanding
of issues; ability to synthesize ideas,
rules and principles and critical and
analytical ability

70 – 74 A 7 Very Good - Sound knowledge of the

subject matter, excellent organizational
capacity, ability to synthesize ideas,
rules and principles, critically analyze
existing materials and originality in
thinking and presentation
65 – 69 A- 6 Good - Good understanding of the
subject matter, ability to identify issues
and provide balanced solutions to
problems and good critical and
analytical skills

60 – 64 B+ 5 Fair – Average understanding of the

subject matter, limited ability to identify
issues and provide solutions to problems
and reasonable critical and analytical
skills

55 – 59 B 4 Acceptable- Adequate knowledge of the

subject matter to go to the next level of
study and reasonable critical and
analytical skills.

50 – 54 B- 3 Marginal- Limited knowledge of the

subject matter and irrelevant use of
materials and, poor critical and
analytical skills

45 – 49 P1 2 Pass 1- Pass with basic understanding

of the subject matter.

40 - 44 P2 1 Pass 2- Pass with Rudimentary

understanding of the subject matter.

Below 40 F 0 Fail - Poor comprehension of the

subject matter; poor critical and
analytical skills and marginal use of the
relevant materials. Will require
repeating the course
 #
Under extraordinary circumstances, the JGU Academic Council or the JGU Deans’
Council can suspend the grading criteria or make it optional. If the grading criteria are
suspended, the policy which will be framed by the School/University based on the decision
of the said bodies will prevail over the grading criteria. However, whether a situation is
extraordinary or not will be decided by the said bodies only.

PART III: COURSE POLICIES

Academic Integrity and Honesty

Learning and knowledge production of any kind is a collaborative process.

Collaboration demands an ethical responsibility to acknowledge who we have
learnt from, what we have learned, and how reading and learning from others
have helped us shape our own ideas. Even our own ideas demand an
acknowledgement of the sources and processes through which those ideas
have emerged. Thus, all ideas must be supported by citations. All ideas
borrowed from articles, books, journals, magazines, case laws, statutes,
photographs, films, paintings, etc., in print or online, must be credited with
the original source. If the source/inspiration of your idea is a friend, a casual
chat, something that you overheard, or heard being discussed at a conference
or in class, even they must be duly credited. If you paraphrase or directly
quote from a web source in the examination, presentation or essays, the said
source must be acknowledged. The university has a framework to deal with
cases of plagiarism. All form of plagiarism will be taken seriously by the
University and prescribed sanctions will be imposed on those who commit
plagiarism.
Disability Support and Accommodation Requirements

JGU endeavors to make all its courses accessible to students. All students
with any known disability needing academic accommodation are required to
register with the Disability Support Committee [email protected]. The
Committee has so far identified the following conditions that could possibly
hinder student’s overall well-being. These include: physical and mobility
related difficulties; visual impairment; hearing impairment; medical
conditions; specific learning difficulties e.g. dyslexia; mental health.

The Disability Support Committee maintains strict confidentiality of its

discussions. Students should preferably register with the Committee during
the month of June/January as disability accommodation requires early
planning. DSC will approve of and coordinate all disability related services
such as appointment of academic mentors, arranging infrastructural facilities,
and course related requirements such as special lectures, tutorials and
examinations.

All faculty members are requested to refer students with any of the above-
mentioned conditions to the Disability Support Committee for addressing
disability-related accommodation requirements.

Safe Space Pledge

This course may discuss a range of issues and events that might result in
distress for some students. Discussions in the course might also provoke
strong emotional responses. To make sure that all students collectively
benefit from the course, and do not feel troubled due to either the contents of
the course, or the conduct of the discussions, it is incumbent upon all within
the classroom to pledge to maintain respect towards our peers. This does not
mean that you need to feel restrained about what you feel and what you want
to say. Conversely, this is about creating a safe space where everyone can
speak and learn without inhibition and fear. This responsibility lies not only
on students, but also the instructor.

Plagiarism

Any idea, sentence or paragraph you cull from a web source must be credited
with the original source. If you paraphrase or directly quote from a web
source in the exam, presentation or essays, the source must be explicitly
mentioned. You should not feel free to plagiarize content, be it from scholarly
sources (i.e. books and journal articles) or from the internet. This is an issue
of academic integrity on which no compromise will be made, especially as
students have already been trained in the perils of lifting sentences or
paragraphs from others and claiming authorship of them.

Class Policies

Each individual course instructor may have separate policies for their classes
regarding submissions, attendance requirements, laptop and mobile phones
etc.

Comprehensive List of Legislations/ Enactments

Below is the list of statues, rules, convention and charters that would be used
by the course instructors for teaching the course throughout the semester,
any deviation from it will be conveyed to the students.
1. Arbitration and Conciliation Act 1996*

Students are advised to purchase only those Bare Acts, which are permissible
by the Bar Council of India for the All India Bar Exam. Below are the
permissible Acts:

a) Universal Publications (with short comments)

b) Taxmann Publications (with short comments)

c) Commercials Publishers (without short comments)- used for All India

Bar Exam

d) Law & Justice Publishing Co. (without short comments)- used for All
India Bar Exam

e) Lawmann’s (without short notes)- used for All India Bar Exam

f) Professional Book Publishers (without short comments/ notes)

2. Civil Procedure Code, 1908

3. Commercial Courts Act, 2015
4. The Legal Service Authority Act, 1987
5. Convention on the Recognition and Enforcement of Foreign Arbitral
Awards (New York, 1958)
6. UNCITRAL Model Law on International Commercial Arbitration (1985),
with amendments as adopted in 2006
7. UNCITRAL Arbitration Rules
8. IBA Rules and Guidelines
9. FIDIC Guidelines

* This is the closed book exam. The students will only be allowed to carry unannotated
Arbitration and Conciliation Act 1996 to the examination hall. Any other relevant guidelines,
charter or rules will be provided along with the Question Paper, unless otherwise mentioned.
PART IV: TOPICS AND READINGS

Lecture Module
Week
Week 1 Introduction to Alternative Dispute Resolution.

Week 2 – 3 Mediation and Negotiation; Lok Adalat and

Conciliation; Online Dispute Resolution.
Week 4 – 6  Arbitration Agreement and Parties (Drafting and
Types of Arbitration Agreements, Multi-Tier
Arbitration Clauses etc.)
 Separability, Kompetenz-Kompetenz, Sole
Option, Non-Signatories, Non-Intervention
 Interim Measures and Enforcement - Anti-suit
Injunctions, Security for Cost, Fast- Track,
Emergency Arbitration.
Week 7 Procedure of Arbitration: Conduct, Notice, Procedural
Order, Case Management, Dispute Resolution Boards,
Expert Determination, Witness Examination, Cross-
Examination.
Week 8 Composition of Arbitral Tribunal: Number of
Arbitrators,
Appointment and Challenge of Arbitrators (IBA
Guidelines on Conflict of Interest – 2014, as amended
up to date), Diversity and Inclusion.
Week 9 – 10 Jurisdiction of Arbitral Tribunal, Arbitrability and
Arbitral Procedure, Applicable Laws.
Week 11 Arbitral Awards: Forms and Content, Categories,
Remedies.
Week 12 Recourse against Arbitral Awards; UNCITRAL Model
Law.
 Week 13 – 14 Enforcement of Awards (Domestic and Foreign); New
York Convention 1958.
Week 15 Review and Revision.

KEYWORDS: Arbitration, Dispute Resolution, ADR, ODR, Conciliation,

Mediation and Negotiation

Readings by Topic

Note: All readings are mandatory, except those specifically listed under the
‘Suggested’ category. Each individual Course Instructor may choose to do
any or all of the suggested readings. Along with all the sections of the
Arbitration and Conciliation Act, 1996, faculty members should also teach
the relevant portions of the UNCITRAL Model Law, the New York
Convention and other charters mentioned above.

Topic Readings

 Section 89, Civil Procedure Code 1908

Introduction to  Afcons Infrastructure v. Cherian Verkey Pvt.
ADR Co. Ltd., (2010) 8 SCC 24.

Suggested:
Salem Advocates Bar Association, Tamil Nadu v.
Union of India, AIR 2005 SC 3353
Sukanya Holding Pvt. Ltd. v. Jayesh H. Pandya &
Anrs. 2003 (5) SCC 531
Guru Nanak Foundation v. Rattan Singh & Sons,
 (1981) 4 SCC 634
Chapter 3: Decluttering of the Arbitration Practice
in Anjali Chawla, Multi-Tier Arbitration Clauses:
International Trends in Dispute Resolution,
Bloomsbury, 2022 (1st Ed).
238thLaw Commission Report – Chapter 6,
available at:
https://lawcommissionofindia.nic.in/reports/report2
38.pdf
Genn, What Is Civil Justice For? Reform, ADR, and
Access to Justice, Yale Journal of Law & the
Humanities: Vol. 24: Issue 1, Article 18.
Fiss, Against Settlement, 93 YALE LJ 1073 (1984)

Negotiation
 Summary of the Principled Negotiation
Negotiation, Process by the Harvard Negotiation Project.
Mediation,  What is Negotiation?, Daily Blog, PON-
Conciliation, Lok Harvard Law School.
Adalats and Online  Fundamentals of Negotiation, Model United
Dispute Resolution Nations

Suggested:
Roger Fisher, William Ury, and Bruce Patton,
Getting to Yes: Negotiating Agreement Without
Giving In, 2011 (revised edition).

Mediation
 Singapore Mediation Convention
  The Mediation Act, 2023
 Section 12A, Commercial Courts Act 2015
 Pam Marshall, Would ADR Have Saved
Romeo and Juliet?, Osgoode Hall Law
Journal 36.4 (1998) : 771-805

Suggested:
M R Krishna Murthi v. New India Assurance Co.
Ltd., 2019 SCC Online SC 315.
Dayawati v. Yogesh Kumar Gosain, 243 (2017)
Delhi Law Times 117 (DB)
Chapter 5: The Curious Case of Mediation &
Arbitration in Anjali Chawla, Multi- Tier
Arbitration Clauses: International Trends in
Dispute Resolution, Bloomsbury, 2022 (1st Ed).
Mediation Training Manual of India.
Rifkin J, ‘Mediation from a Feminist Perspective:
Promise and Problems’, (1984) vol 2 Law & In eq
21.
129th Report of the Law Commission [Aug 1988]
(Urban Litigation – Mediation as alternative to
Litigation).
Chapter 1: Introduction to Mediation and
Conciliation in India', in Gracious Timothy (ed),
Conciliation and Mediation in India, Global
Trends in Dispute Resolution, Volume 11 (©
Kluwer Law International; Kluwer Law
International 2021) pp. 3 – 36.

Conciliation
 Part III of the Arbitration and Conciliation
 Act, 1996 (The Mediation Act of 2023 has
sought to remove Part III and use the terms
‘mediation’ and ‘conciliation’
interchangeably vide Section 3(h))

Lok Adalat
 The Legal Services Authority Act, 1987

Suggested:
K. N. Govindan Kutty Menon v. C. D. Shaji, (2012)
2 SCC 51.
The Functioning of Lok Adalats in India - A
Critical Analysis by Vinita Choudhury (2.1
NLIU LR (2011) 72)

Online Dispute Resolution

 UNCITRAL Technical Notes on Online
Dispute Resolution,2016.
 Designing the Future of Dispute
Resolution: The ODR Policy Plan for India
the NITI Aayog, Expert Committee on ODR
[October 2021].
 Online Dispute Resolution, Shifting from
dispute to resolutions, ODR Handbook.

Suggested:
Akash Gupta and Arushi Bajpai, ‘Online Dispute
Resolution in India: A Distant Reality or Dream?’
in Dr. Pallab Das (ed), Contemporary Perspectives
in International Arbitration: Decoding Global
 Trends (Thomson Reuters 2023)

Sections: 7, 8
Introduction to
Arbitration; Parties & Applicable Laws
Arbitration Agreement  Chapter 3, Applicable Laws, Redfern &
Hunter: Law and Practice of International
Commercial Arbitration 6th Ed.
 Loukas Mistelis “Reality Test: Current State
of Affairs in Theory and Practice Relating to
Lex Arbitri” American Review of
International Arbitration (vol 17, 2006) 155.

Validity of the Arbitration Agreement

 In Re: The Interplay between arbitration
agreements under the Arbitration and
Conciliation Act, 1996, and the Indian
Stamp Act, 1899 (N.N. Global III) 2023 SCC
OnLine SC 1666 ;
Jagdish Chander v. Ramesh Chander, (2007) 5
SCC 719;
Caravel Shipping Services v. Premier Sea
Foods [Supreme Court, 29 October 2018 in
Civil Appeal No. 10800-10801/2018].
 Enercon India Ltd. v. Enercon GmBH, AIR
2014 SC 3152

Arbitration Agreements and Inadmissible

Document

 NN Global Mercantile v. Indo Unique

Flame Judgments:
I. (2021) 4 SCC 379.
II. (2023) 7 SCC 1.
III. 2023 SCC OnLine SC 1666.

Non-Signatories/Third Parties to an
Arbitration Agreement:

 Cox and Kings Ltd v. SAP India Pvt Ltd

[Judgment dated 06.12.2023 in SLP(C) No.
8607 of 2022

 Chloro Controls India (P) Ltd v. Severn

Trent Water Purification Inc, 2 (2013) 1
SCC 641

Suggested:
Jan Paulsson, “Arbitration in Three
Dimensions” LSE Working Paper 2/2010
available at:
https://papers.ssrn.com/sol3/papers.cfm?
abstract_id=1536093

Binding Non signatories, pg- 33 to 38, Margaret L

Moses, The Principles and Practice of
International Commerical Arbitration.

Multi-Tier Dispute Resolution:

 M/s. Simpark Infrastructure Pvt. Ltd. v.
 Jaipur Municipal Corporation, 2012 SCC
OnLine Raj 2738
 Geo Miller & Co. Pvt. Ltd. v. Rajasthan
Vidyut Utpadan Nigam Ltd 2019 SCC
OnLine SC 1137
 Chapter 4: Understanding the Layers of
Multi-tiered Dispute Resolution Clauses
in Anjali Chawla, Multi-Tier Arbitration
Clauses: International Trends in Dispute
Resolution, Bloomsbury, 2022 (1st Ed).

Suggested:
PT Perusahaan Gas Negara (Persero) TBK v. CRW
Joint Operation [2015] SGCA 30
Dharmadas Tirthdas Construction Pvt Ltd v. GOI
(2022).

M/s Haldiram Manufacturing Company Pvt. Ltd.

v. M/s DLF Commercial Complexes Limited, 193
(2012) DLT 410.
Religare Finvest Ltd v. Asian Satellite Broadcast
Pvt Ltd (2022).
Indowind Energy Ltd. v. Wescare (I) Ltd., AIR
2010 SC 1793.
Sukanya Holdings v. Jayesh Pandya, AIR 2003 SC
2252.
Thomson CSF v. American Arbitration
Association, (1995) Docket No. 94-9118
SECOND CIRCUIT August 24, 1995.
Dresser Rand SA v. Bindal Agro Chem Ltd.,
(2006) 1 SCC 751.
Bihar State Mineral Development Corpn. v.
Encon Builders (I) (P) Ltd., (2003) 7 SCC 418.
Smita Conductors Ltd. v. Euro Alloys Ltd. (2001)
7 SCC 728.
Kabab-Ji SAL (Lebanon) v Kout Food Group
(Kuwait) [2021] UKSC 48
Dharmaratnakara Rai Bahadur Arcot
Narainswamy Mudaliar Chattram and other
charities v. Bhaskar Raju and Bros., (2020) 4
SCC 612.
High Level Committee Report: Med-Arb Clauses,
available at:
https://legalaffairs.gov.in/sites/default/files/Report
-HLC.pdf
Loukas Mistelis “Reality Test: Current State of
Affairs in Theory and Practice Relating to Lex
Arbitri” American Review of International
Arbitration (vol 17, 2006) 155.
UNCITRAL Documents – the UNCITRAL Model
Arbitration Law and the UNCITRAL Rules [ADR
and Arbitration].
Multi-Tier Arbitration Clauses: Chapter 17- The
Multi-tier Dispute Resolution Influence and
Consequences under the Indian Arbitration
Framework; Chapter 18- Recommendations for
Drafting an Enforceable Multi-Tiered Clause in
Anjali Chawla, Multi-Tier Arbitration Clauses:
International Trends in Dispute Resolution,
Bloomsbury, 2022 (1st Ed).
Dipen Sabharwal, 'Chapter 2: The
 Arbitration Agreement', in Dushyant Dave,
Martin Hunter, et al. (eds), Arbitration in
India, (Kluwer Law International; Kluwer
Law International 2021) pp. 15-48

Sections: 2(2)
Applicable Laws &
 Bharat Aluminium Company v. Kaiser
Applicability of Part I
Aluminium Technical Service Inc., (2012) 9
SCC 552.
 Union of India v. Reliance Industries, 2015
(10) SCALE 149.
 PASL Wind Solutions v. GE Power (SC
2021)
 Enka Insaat ve Sanayi AS (Respondent) v.
OOO Insurance Company Chubb
(Appellant), [2020] UKSC 38.

Suggested:
Noy Vallesina Engineering SpA v. Jindal Drugs
Limited [Supreme Court, 26 November 2020].
Imax Corporation v. E-City Corp., 2017 SCC
OnLine SC 239.
Indus Mobile Distribution v. Datawind Innovation
Pvt. Ltd., (2017) 7 SCC 678.
Harmony Innovation Shipping Ltd. v. Gupta
Coal India Ltd. & Anr., 2015 (3) SCALE
295.
Bhatia International v. Bulk Trading SA, (2002) 2
SCC 395.
Venture Global Engineering v. Satyam Computer
 Services Ltd. and Anr., 2008 (4) SCC 190.
BGS SGS SOMA JV v. NHPC Ltd. (Supreme Court,
2020).
V. Niranjan & Shantanu Narvane, Bhatia
International Rightly Overruled: The
Consequences of Three Errors in BALCO (2012)
9 SCC J-26.
S.K. Dholakia & Aarthi Rajan, Not Three But
half an Error in BACLO: Bhatia International
Rightly Overruled (2013) 1 SCC J-81.
Chapter 3. Applicable Laws, in Nigel Blackaby,
Constantine Partasides, et al., Redfern and
Hunter on International Arbitration (Sixth
Edition), 6th edition (Kluwer Law International;
Oxford University Press 2015) pp.155 - 228

Sections: 2(3) and 7

Arbitrability
Booz Allen & Hamilton v. SBI Home Finance
(2011) 5 SCC 532
Vidya Drolia v Durga Trading [Supreme
Court, 14 December 2020]
 A. Ayyasamy v. A. Paramasivam & Ors,
CIVIL APPEAL NOS. 8245-8246 of 2016
Fulham Football Club (1987) Ltd v Richards
[2012] 1 All E.R. (Comm) 1148

Suggested:
Report No.246, Law Commission of India
titled ‘Amendments to the Arbitration and
 Conciliation Act, 1996’, pp.1-7
Shri Vimal Kishor Shah v. Jayesh Dinesh Shah
CIVIL APPEAL NO. 8164 OF 2016
Eros International v Telemax (Bom HC)
IPRS v. Entertainment Network (India) Limited
MANU/MH/1597/2016
Swiss Timing Ltd. vs. Organizing Committee,
Commonwealth Games 2010 Delhi
(Arbitration Petition No. 34 of 2013)
N.N. Global Mercantile Pvt. Ltd. v. Indo
Unique Flame Ltd. & Ors. Civil Appeal Nos.
3802-3803 of 2020 (MS)
Agnish Aditya and Siddharth Nigotia,
Semantic and doctrinal restructuring of
‘arbitrability’: examining Brekoulakis’
arguments in the Indian context, Arbitration
International, 2017, 33, 609–629, DOI:
10.1093/arbint/aix026

Sections: 5, 8, 11 and 34
Emaar v. MGF
Non- Intervention
Ssangyong Construction Limited v. NHAI
[Supreme Court, 8 May 2019]

Suggested:
Fair Air Engg v. N.K. Modi (1996) 6 SCC 385
Tantia Constructions Pvt. Ltd. (2011) 5 SCC 697

Sections: 4, 10 and 16
Number of Arbitrators Lohia vs. Lohia (2002) 1 Arb LR 493 (SC)
MMTC Ltd. v. Sterlite Industries Ltd. (1996) 6
SCC 716

Sections: 11-16

Composition of  Schedule V & VII Arbitration

Tribunal, Appointment and Conciliation Act, 1996.
and Challenge of  IBA Guidelines and Emergency
Arbitrators Arbitration
 New IBA Guidelines on Conflicts
of Interest 2024
 Amazon.Com NV Investment
Holdings LLC v. Future Coupons
Private Limited & Ors, 2021
SCC OnLine Del 1279.
 Pravin Electricals Pvt Ltd v.
Galaxy Infra and Engineering
Pvt Ltd., 2021 SCC Online SC
190.
 Perkins Eastman Architects DPC
& Anr. v. HSCC (India) Limited
AIR 2020 SC (CIV) 707

Suggested:
Sanjiv Prakash v. Seema Kukreja and Ors., 2021
SCC Online SC 282
NHAI v. Sayedabad Tea Company (2019) 9 SCC
2019
Durga Welding Works v. Chief Engineer, Railway
Electrification, C.A. 54 of 2019
Aravali Power Company Pvt. Ltd. v. M/s. Era
Infra Engineering Limited, 2017 SCC OnLine SC
1072
Swiss Timing Ltd. vs. Organizing Committee,
Commonwealth Games 2010 Delhi AIR 2014
SC 3723.
Datar Switchgears v Tata Finance Ltd (2008)
8 SCC 151
Indian Oil Corpn v Raja Transport (2009) 8 SCC
520
HRD Corporation v GAIL [Supreme Court, 31
August 2017]
JMC Projects (India) Limited vs South Delhi
Municipal [Judgment dated 13.08.2020 in ARB.
P. 632/2017]
India Household & Healthcare Ltd. v LG
Household & Healthcare Ltd., (2007) 5 SCC 510
Voestalpine Gmbh v Delhi Metro Rail
Corporation [Supreme Court, 10 February 2017
in Arb Pet 50/2016]
Entertainment City Limited v. Aspek Media
Private Limited [Judgment dated 03.06.2020]
DSC Ventures Pvt Ltd. v. Ministry of Road
Transport and Highways, UOI [Judgment dated
29.06.2020]
Malaysian Airlines Systems BHD v Stic Travels P
Ltd. (2011) 1 Comp LJ 217 (SC)
Petrowest Corporation v Peace River Hydro
Partners, 2020 BCCA 339
Prakhar Singh Chauhan and Siddhant Bhasin,
 “Bias of Arbitrator and the need for a Real
Danger Test in India” 2018 8 SCC-J 34
Patricia Louise Shaughnessy, 'Chapter 32: The
Emergency Arbitrator', in Patricia Louise
Shaughnessy and Sherlin Tung (eds), The Powers
and Duties of an Arbitrator: Liber Amicorum
Pierre A. Karrer, (Kluwer Law International
2017) pp. 339 – 348
Stamping Of Agreements Vis-À-Vis Section 9 Of
The Arbitration & Conciliation Act, 1996,
Yakshay M. Chheda & Ishan J. Ravindranath,
available at:
https://www.scconline.com/blog/post/2020/11/07
/stamping-of-agreements-vis-a-vis-section-9-of-
the-arbitration-conciliation-act-1996/
Rahul Donde and Rishabh Raheja, 'Chapter
4: Constitution and Establishment of an
Arbitral Tribunal', in Dushyant Dave, Martin
Hunter , et al. (eds), Arbitration in India,
(Kluwer Law International; Kluwer Law
International 2021) pp. 73-88

Sections: 9, 17, 18 – 27
Interim Measures &
Conduct of Arbitral  Gary Born, Principle of Judicial Non-
Proceedings Interference in International Arbitral
Proceedings, The Anniversary
Contributions: International Litigation &
Arbitration, 30 U. PA. J. INT’L L. 999
(2009); available at:
https://scholarship.law.upenn.edu/jil/vol30/i
 ss4/22
 Future Retail Ltd. v. Amazon.com
Investment Holding LLC 2020

Suggested:
Anupam Mittal v. Westbridge Ventures II
Investment Holdings (SCA 2023)
Hero Wind Energy Private Limited v Inox
Renewables Limited (Del HC, 2020)
Avantha Holdings Limited v Vistra ITCL India
Limited (Del HC, 2020)
Ashwani Minda v U-Shin Ltd (2020)
Debdas Routh vs. Hinduja Leyland Finance
Limited AIR 2018 Cal 322
Mrs. Madhu Devi Fatehpuria v. M/S. Jugal
Kishore Shyam Prakash & Co. [Judgment dated
13.03.2020]
Nandini Bhatia v. Navil Ratish Kadwadkar
[Judgment dated 18.06.2020]
Future Retail Ltd. v. Amazon.com Investment
Holding LLC 2020
State of Goa v Praveen Enterprises [Supreme
Court, 4 July 2011]
Voltas Limited v Rolta India Limited [Supreme
Court, 14 February 2014]
Rajendra Barot and Sonali Mathur, 'Laying old
ghosts to rest, or not? – The 'Section 9' enigma
continues …', Indian Journal of Arbitration Law
(Indian Journal of Arbitration Law 2016, Volume
V Issue 1) pp. 168 - 182
Christopher Boog, 'Chapter 17, Part II:
 Commentary on the ICC Rules, Article 29
[Emergency arbitrator]', in Manuel Arroyo (ed),
Arbitration in Switzerland: The Practitioner's
Guide (Second Edition), 2nd edition (Kluwer Law
International 2018) pp. 2380 – 2398
Ioana Knoll-Tudor, 'Chapter II: The Arbitrator and
the Arbitration Procedure, Emergency
Arbitration: Evidence and Practice from Seven
Arbitral Institutions', in Christian Klausegger,
Peter Klein, et al. (eds), Austrian Yearbook on
International Arbitration 2019, Austrian Yearbook
on International Arbitration, Volume 2019 pp. 249
– 276
Martin Hunter, Shashank Garg, et al., 'Chapter 7:
The Conduct of Arbitral Proceedings in India', in
Dushyant Dave, Martin Hunter, et al. (eds),
Arbitration in India, (Kluwer Law International;
Kluwer Law International 2021) pp. 123 -144.
Sections: 28 – 33
Arbitral Awards
 Government of Meghalaya v. M/s BSC- C&C
JV
 Martin Hunter, Simon Weber, et al.,
'Chapter 9: Arbitral Awards in Indian
Arbitrations', in Dushyant Dave, Martin
Hunter, et al. (eds), Arbitration in India,
(Kluwer Law International; Kluwer Law
International 2021) pp. 173 -194.

Suggested:
 Dyna Technologies Pvt Ltd v Crompton Greaves
2020 (1) ARBLR 1 (SC)
Srei Infrastructure Finance Limited v Tuff
Drilling Private Limited (2018) 11 SCC 470
Dr. Writer’s Food Products v Cosmos Co-
operative Bank [Bombay HC, 20
September 2019]
Steel Authority of India v. Primetals
Technologies India Pvt. Ltd. [Delhi HC, 12
March 2020]

Recourse Against Sections: 34 – 37

Arbitral Awards
 Associate Builders v. DDA, (2015) 3 SCC
49
 Ssangyong v NHAI [Supreme Court, 8 May
2019]
 Megha Enterprises And Ors v. Haldiram
Snacks Pvt Ltd (Judgment dated March 1).
 Larsen Air Conditioning & Refrigeration
Co. v. Union of India Supreme Court of
India, 2023 SCC OnLine SC 982

Suggested:
Delhi Airport Metro Express Private Limited v.
Delhi Metro Rail Corporation, 2022 SCC OnLine
SC 549
Batliboi Environmental Engineers Limited v.
Hindustan Petroleum Corporation Limited, 2023
SCC OnLine SC 1208
 Sections: 44 – 48 and 53
Foreign Awards and
their Enforcement  National Agricultural Cooperative
Marketing Federation of India v Alimenta
SA 2020 SCC OnLine SC 381
 Centrotrade Minerals and Metals Inc v.
Hindustan Copper Limited [Supreme
Court, 2 June 2020]
 Reliance Industries Limited and Anr. v.
Union of India, (2014) 7 SCC 603
 Shin Etsu Chemical co ltd v. M/s Aksh
Optifibre Ltd & Anr. Civil Appeal No 5048
of 2005

Suggested:
Vodafone International VB v. Republic of India
(25 September 2020)
Vijay Karia vs Prysmian Cavi E Sistemi Srl
[Supreme Court, 13 February, 2020]
Cairn Energy Plc v Republic of India (23
December 2020)
Cairn Moves to Seize Air India Assets to Recover
Hefty Award against India: Worthwhile Choice or
a Futile Exercise? (Oiswarjya Basu & Shatrunjay
Bose, August 2021, Kluwer Arbitration),
available at:
https://arbitrationblog.kluwerarbitration.com/
2021/08/08/cairn-moves-to-seize-air-india-assets-
to-recover-hefty-award-against-india-worthwhile-
choice-or-a-futile-exercise/
Investment Treaty Arbitration: India (by Krystal
Lee , Khyati Raniwala and Shimantika Mandal
and Stephenson Harwood, September 2020,
GAR]
Prabhash Ranjan & Pushkar Anand (2020) Indian
courts and bilateral investment treaty
arbitration, Indian Law Review, 4:2, 199-220,
DOI: 10.1080/ 24730580.2020. 1732693
https://globalarbitrationreview.com/insight/
know-how/investment-treaty-arbitration/report/
india