20/08/2019 Semester-I

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ONE-YEAR POST GRADUATE DIPLOMA IN ALTERNATIVE

DISPUTE RESOLUTION

PAPER - I: Alternative Dispute Resolution Systems

Module I: Introduction to Basic concepts

Substantive Law, Procedural Law, Rule of Law, Principles of Natural Justice, Court Structure,

Jurisdiction, Civil Suit, Decree, Appeals, Writs, Adversarial System, Inquisitorial System

Module II: ADR Methods

Disputes and the approaches to dispute resolution - philosophy underlying alternative dispute

resolution methods - status of ADR - ethics of ADR - fairness, neutrality, confidentiality and
personal values

Overview of ADR methods - negotiation - mediation - conciliation - arbitration - expert

determination - dispute resolution board - hybrid methods - online dispute resolution (ODR),

Court annexed ADR processes, Advantages and Disadvantages of ADR, selection of a method

Module III: Negotiation

Meaning and theories of negotiation - problem solving approach - competitive theory

Structure, strategy, style and skills of negotiation - applying a strategy

Module IV: Mediation

What is mediation? - Models of mediation - rights based - interest based - facilitative - evaluative

- settlement oriented - therapeutic - transformative and other models

The role of the mediator and the party’s attorney - practical skills of client interviewing/legal

counseling

Confidentiality in mediation and enforceability of mediation agreement - drafting the mediation

agreement and confidentiality agreement

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Stages of mediation - preliminary communication and preparation - commencement establishing
the issue and setting the agenda - information gathering - conducting substantive negotiations -

dealing with impasse and concluding the process and recording the outcome

Civil and commercial mediation - employment mediation - mediation checklist

Suggested Readings:

1. Charles Chatterjee and Anna Lefkovitch, Alternative Dispute Resolution: A Practical Guide,

Routledge (2008)
2. Henery Brown and Arthur Marriot, ADR Principles and Practice, Sweet and Maxwell (2013)

3. Madabhushi Sridhar, Alternative Dispute Resolution Negotiation and Mediation, Lexis

Nexis and Butterworths (2006)

4. Peter T Coleman, Morton Deustsch and Eric C Marcus, The Handbook of Conflict

Resolution: Theory and Practice, Jossey Bass, (2014)

5. Roberts Simon and Michael Palmer, Dispute Processes: ADR and the Primary forms of

Decision Making, Cambridge University Press (2005)

6. Roy Lwicki, Bruce Barry and David Saunders, Essentials of Negotiation, MacGraw-Hill

Education, (2010)
7. Sriram Panchu, Mediation Practice and Law, Lexis Nexis and Butterworths (2015)

PAPER - II: Law of Contracts

Module I: General Introduction and Formation of an Agreement

History and nature of contractual obligations

Definition of agreement and contract - definition - communication and revocation - offer and

acceptance - postal rule of communication - offer and invitation to treat

Place of formation of contract and jurisdiction of courts - formation of e-contracts

Module II: Consideration

Meaning - basis and the nature of consideration - kinds (past, executed and executory) -

doctrine of privity of contract - doctrine of consideration - exceptions to doctrine of consideration

- adequacy of consideration - unlawful consideration and its effects

Performance of existing obligations - forbearance to sue - composition and promissory estoppel

Capacity to contract
Natural Person, Corporations and Unincorporated Bodies, Public Authorities

Module III: Free Consent

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Definition of free consent - vitiating factors and their effect - coercion - definition, techniques of

causing coercion

Undue influence - definition - between which parties can it exist? - Burden of proof -

presumption of undue influence - rescission

Misrepresentation - definition - unwarranted statements - breach of duty - inducing mistake

about subject matter - suppression of vital facts - means of discovering truth

Fraud - definition - essential elements – suggestion - falsi suppressio veri - when does silence
amount to fraud? - active concealment of truth - importance of intention

Mistake - definition - kinds - fundamental error - mistake of law and of fact - their effects - when

does a mistake vitiate free consent and when does it not vitiate free consent

Module IV: Limitations on Freedom of Contract

Void and valid agreements - lawful and unlawful consideration - lawful and unlawful object -

distinction between void and voidable agreement - illegal and unlawful agreements - effect of

illegal and unlawful agreements

Unlawful consideration and object - forbidden by law - defeating the provision of any law -

fraudulent - injurious to person or property - immoral - against public policy

Void agreements - agreements without consideration - agreements in restraint of trade -

exceptions - sale of goodwill - restrictions under the partnership Act - trade combinations -

exclusive dealing agreements - restraints on employees under agreements of service

Agreements in restraint of legal proceedings - its exceptions - uncertain and ambiguous

agreements

Module V: Discharge of a contract and its various modes

By performance - conditions of valid tender of performance - how? by whom? Where? when? in

what manner? - Performance of reciprocal promises - time as the essence of a contract -

assignment of contract - death and bankruptcy

By breach - anticipatory breach and present breach

Supervening impossibility of performance - specific grounds of frustration - application to leases

theories of frustration - effect of frustration - frustration and restitution

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By expiry of period of limitation

By agreement and novation - rescission and alteration - the effect of - remission and waiver of

performance - extension of time - accord and satisfaction

Remedies for Breach of Contract

Damages - concept - remoteness of damages - ascertainment of damages - mitigation of

damages - penalty and liquidated damages - injunction - when granted and when refused -

why? - refund and restitution - specific performance - when? why?

Module VI: Special Categories of Contracts

Contracts with Government
Government Contract a category in itself - Article 299 of the Constitution - the grund norm for

government contracts, ratification and government contract, modification of government

contract, no implied contract with government

Tenders
Notice inviting tenders - requirements of a valid tender - strict compliance with stipulations of

notice - effect of minor deviations

Indemnity and Guarantee

Indemnity - definition of indemnity - nature and extent of indemnifier’s liability - commencement

of liability of the indemnifier

Guarantee - definition of guarantee - essentials for a valid guarantee contract - continuing

guarantee, nature of surety's liability - duration and termination of such liability, rights of surety,

extent of surety's liability, discharge of surety's liability

Bank guarantee

Suggested Readings
1. Atiyah’s Introduction to the Law of Contract, Stepehen A Smith ed. OUP, 2006

2. Avatar Singh, Contract and Specific Relief, Eastern Book Company, Lucknow, 11th ed.
2017

3. Chitty on Contracts, 33rd ed. Sweet and Maxwell

4. Pollack and Mulla, The Indian Contract and Specific Relief Act, R Yashod Vardhan and

Chitra Naarayan (ed.) Lexis Nexis, 2018

5. T R Desai, Law Relating to Tenders and Government contracts, Justice J D Kapoor 4th ed.

Universal Law Publishing Co.

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PAPER - III: The Law of Arbitration and Conciliation in India

Module I: Arbitration and Arbitration Agreement

Dispute settlement mechanisms - arbitration as a dispute settlement mechanism - definition of

arbitration - types of arbitration - their advantages and disadvantages - international commercial
arbitration defined under Indian law Role of courts in arbitration

Arbitration agreement - definition - form of the arbitration agreement - positive and negative

effects of arbitration agreement - separability of arbitration agreement

Module II: Composition of Arbitral Tribunal

Number of arbitrators and appointment of arbitrators - grounds for challenge and challenge
procedure - failure to act - termination of mandate and substitution of arbitrator - jurisdiction of

arbitral tribunals - the doctrine of competence - competence

Interim measures ordered by arbitral tribunal - enforcement

Module III: Conduct of Arbitral Proceedings

Equal treatment of the parties and determining the rules of procedures - seat of arbitration -
commencement of proceedings and language - pleadings - hearings, default of a party - expert
appointment and court assistance in taking evidence - fast track arbitration - rules applicable to

substance

Module IV: Arbitral Award

What is an award - form and content of award - correction and interpretation of award -
additional award - recourse against award - recognition and enforcement of award

Deposit of monetary sums - deposits as to costs - effect of death of a party - application of law

of limitation to arbitration

Recognition and enforcement of certain foreign awards

Module V : Conciliation

Definition of scope of conciliation - advantages of conciliation over arbitration and judicial

settlement

Conciliation under the Arbitration and Conciliation Act of 1996 - application and scope

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Appointment of conciliators - commencement of conciliation proceedings - conduct of
conciliation proceedings - submission of statements - communication between conciliator and

par ties - suggestions for settlement - confidentiality of information - admissibility of evidence in

other proceedings

Role of conciliator in conciliation proceedings - settlement agreement - status and effect -

termination of conciliation proceedings, costs and deposits

Suggested Readings

1. Justice RS Bachawat, Law of Arbitration and Conciliation Anirudh Wadhva and Anirudh

Krishanan ed. (Lexis Nexis 2018)

2. Avtar Singh, Law of Arbitration and Conciliation, EBC, (2018)

3. Indu Malhotra,O.P. Malhotra on The Law and Practice of Arbitration and Conciliation,

Thomson Reuters, (2014)

PAPER- IV: International Commercial Arbitration

Module I: Concept and Ethos of International Commercial Arbitration

Evolution of International Commercial Arbitration (ICA) in modern times - the journey from the
Geneva Protocol to the New York Convention of 1958

Legislative and scholarly definitions of arbitration - ICA defined - meaning of international -

meaning of commercial

The monopoly of international commercial arbitration - distinguishing international arbitration

from arbitration - overview of the legal regime governing international commercial arbitration

Module II : Theoretical foundations of International Commercial Arbitration:

National order approach

The denationalized autonomous approach

Transnational Arbitration

Module III : Applicable Law

Distinction between Public International Law and Private International Law

Law determining the Capacity of parties - Article V (I) (a) New York convention - the law

governing the agreement to arbitrate - the law applicable to the substance of the dispute - the
law governing arbitration (lex arbitri) - conflict rules and the search for the applicable law -
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recognition and enforcement

Conduct of institutional arbitration - the rules of prominent arbitration institutes (SIAC, LCIA and

ICC)

Module IV : The Role of National Courts

Interim measures - emergency arbitrator

Definition of award - a comparative study - distinction between award and order

Challenge - recognition and enforcement of foreign arbitral awards - application of the New York

Convention by national courts

Suggested Readings

1. Gary B Born, International Commercial Arbitration, Kluwer Law International, (2015)

2. Giallard and Savage ed. Fouchard, Giallard and Goldman, on International Commercial

Arbitration, Kluwer, (1999)

3. Julian D M Lew, Loukas A Mistelis and Stephen Kroll, Comparative International

Commercial Arbitration, Kluwer Law International, 2003

4. Nigel Blackaby and Constantine Partisides, Redfern and Hunter on International

Arbitration, Oxford, (2015)

5. Poudret and Besson, Comparative Law of international Arbitration (2007)

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Course Coordinator

[Link] Kapoor
Assistant Professor
NALSAR University of Law
Ph : +9140 – 23498230
Email :rajeshkapoor@[Link] ([Link]

Administrative Contact

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 Ms. K. Madhuri
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Assistant Registrar
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Ms. G. Usha Devi

Junior Assistant
Ph : +9140 – 23498404
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Mr. B. Vijay Kumar

Record Assistant
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Email : nalsarpro@[Link] ([Link]

Postal Address
NALSAR Proximate Education

Directorate of Distance Education

NALSAR University of Law
Justice City, Shameerpet, Medchal District,
Hyderabad - 500101, Telangana, India.
Ph : +9140 – 23498404;Fax: +91 40 23498403

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