COURSE MANUAL

Alternative Dispute Resolution

Fall 2024

Course Coordinator
Prakhar Chauhan

Course Instructors
Pooja Singh
Nikolaos K. Voutyrakos
Ashiv Choudhary
Sabreen Ahmed
Karan Kataria
Avineet Singh Chawla
Chaitra Rajagopala Bhat
Harsh Manohar
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 as far the core course,
Alternative Dispute Resolution, is concerned.

PART I: OFFICIAL
RECORD

Information on ADR course offered by Jindal Global Law School

The following information contains the official record of the details of the course.

Course Title: ADR

Course Code: L-CC-001

Course Duration: One Semester

No. of Credit Units: 4

Level: N.A.

Hours of Teaching: Five

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 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 and Assessment Tasks/Activities

Learning Learning
Outcomes Activities
By the end of the course students
should be able to:
1. Analyze and Reading of cases and Final Examination (50%
critically other material, and marks)
describe/explain: research
● The main substantive ● Students will acquire
rules of arbitration, knowledge of the
conciliation and substantive rules of
mediation pertaining alternative dispute Internal Assessment TBD by
to the topics to be resolution pertaining each course instructor for
covered in the to the topics to be their respective classes.
syllabus. covered in the
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 issues,
concerns in the concerns, and aspects
field of alternate of the operation of
dispute the substantive rules
resolution of alternative dispute
● the operation of the resolution
substantive rules of Preparation for tutorials
alternative dispute ● Students will
resolution in terms research issues
of their objectives. relating to the subject
 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 principles of Lectures
alternative dispute ● Students will be
resolution to solve shown how legal
legal problems by: problems are solved
● researching applying rules of
relevant industrial dispute
issues settlement.
● analyzing and Preparation for tutorials
resolving ● Students will
problems research issues
● effectively relating to alternative
communicatin dispute resolution
g their Tutorials
solutions ● Students will give
orally and in presentations on
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 Sheet1

Percentage Grade Grade Grade Description

of Marks 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

1
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 19961

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)- used for All India Bar Exam

2- Civil Procedure Code, 1908

3- Commercial Courts Act, 2015 4-
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

1
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

KEYWORDS: Arbitration, Dispute Resolution, ADR, ODR, Conciliation, Mediation and Negotiation

MODULES

Lecture Week Module

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; Pathological 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.

 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.

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

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

Mediation:
Mediation: Singapore Mediation Convention;
Indian Mediation Act 2021
Section 12A, Commercial Courts Act 2015.

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.

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) [Document titled Online Dispute Resolution]

Sections: 7, 8
Introduction to Arbitration; Parties
& Arbitration Agreement
 Chapter 3, Applicable Laws, Redfern & Hunter: Law and Practice of
International Commercial Arbitration 6th Ed.
Applicable Laws
6. 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.

8. In Re: The Interplay between arbitration agreements under the

Validity of the Arbitration Arbitration and Conciliation Act, 1996, and the Indian Stamp Act, 1899
Agreement (N.N. Global III) 2023 SCC OnLine SC 1666 ;
9. Jagdish Chander v. Ramesh Chander, (2007) 5 SCC 719;

10. Caravel Shipping Services v. Premier Sea Foods [Supreme Court, 29

October 2018 in Civil Appeal No. 10800-10801/2018].

11. Enercon India Ltd. v. Enercon GmBH, AIR 2014 SC 3152.

Arbitration Agreements and

NN Global Mercantile v Indo Unique Flame (I, II and III)
Inadmissible Document
I. (2021) 4 SCC 379.
II. (2023) 7 SCC 1.
III. 2023 SCC OnLine SC 1666.

Non-Signatories/Third Parties to an Cox and Kings Ltd v. SAP India Pvt Ltd [Judgment dated 06.12.2023 in
Arbitration Agreement SLP(C) No. 8607 of 2022

M/s. Simpark Infrastructure Pvt. Ltd. v. Jaipur Municipal Corporation,

Multi-Tier Dispute Resolution 2012 SCC OnLine Raj 2738

24. Geo Miller & Co. Pvt. Ltd. v. Rajasthan Vidyut Utpadan Nigam Ltd
2019 SCC OnLine SC 1137

Sections: 2(2)
Applicable Laws & Applicability of
Part I Bharat Aluminium Company v. Kaiser 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)

Cox & Kings v SAP India Pvt. Ltd (SC 2023)

Enka Insaat Ve Sanayi A.S. (Respondent) v OOO Insurance Company

Chubb (Appellant) (UKSC 2020) -

Sections: 2(3), 7
Arbitrability Booz Allen & Hamilton v. SBI Home Finance (2011) 5 SCC 532

Vidya Drolia v Durga Trading [Supreme Court, 14 December 2020]

Fulham Football Club (1987) Ltd v Richards [2012] 1 All E.R. (Comm)
1148

Sections: 5, 8, 11, 34

Non- Intervention Emaar v MGF

Ssangyong Construction Limited v NHAI [Supreme Court, 8 May

2019]

Sections: 4, 10, 16

Number of Arbitrators Lohia vs. Lohia (2002) 1 Arb LR 493 (SC)

MMTC Ltd. vs. Sterlite Industries Ltd. (1996) 6 SCC 716

Section 11-16, Schedule V & VII Arbitration and

Conciliation Act, 1996. IBA Guidelines and
Composition of Tribunal, Emergency Arbitration
Appointment and Challenge of
Arbitrators 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.

New IBA Guidelines on Conflicts of Interest 2024

Perkins Eastman Architects DPC & Anr. v. HSCC (India)

Limited AIR 2020 SC (CIV) 707
 Sections: 9, 17, 18 – 27
Interim Measures & Conduct of
Arbitral Proceedings Gary Born, Principle of Judicial Non-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/iss4/22

Suggested:
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)
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.
Recourse Against Arbitral Awards Sections: 34 – 37
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 Citation: 2023 SCC OnLine SC 982
Delhi Airport Metro Express Private Limited versus 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, 53
Foreign Awards and their National Agricultural Cooperative Marketing Federation of India v
Enforcement 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