Alternative Dispute Resolution / PG Diploma

Institute of Chartered Financial Analysts of India University
Agartala, Tripura, India

Course Format: Classroom | E-learning | Virtual Class | Online | On-site | Blended | Self-paced

Course Description:

'' Alternative Dispute Resolution (ADR) is a process by which the parties involved in a dispute agree to resolve through arbitration, mediation, conciliation or negotiation. It is a new approach to creating positive outcomes in resolving business disputes. ADR helps in reducing the level of tension and conflict in a community by offering amicable solutions to common civil disputes like consumer disputes, commercial disputes, employment disputes, family and marital disputes. ADR acts as a supplement resolution mechanism to accomplish the objectives of rule of law.

The PG Diploma Program in ADR is developed in the context of increasing recognition for ADR in India and the statutory support accorded by the State. The program provides the students with an analytical understanding of the various concepts and methods of ADR.

Given below is the outline curriculum of PG Diploma Program in Alternative Dispute Resolution. This curriculum may be modified, revised, altered, deleted or added from time to time depending upon the latest emerging trends in the requisite areas of study.

Group A

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.

Group B

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.
...''

Phone:0381-2319507

School Address:

The ICFAI University

Jagannath Bari Road, Bidurkarta Chowmuhani

Agartala-799001.

Tripura (West)



Jobs & Resumes: Agartala
Houses & Roommates: Agartala

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