LAD301 | Alternative Dispute Resolution (A.D.R.)

This course delves into the principles, procedures, and practices of Alternative Dispute Resolution (ADR) and Arbitration within the legal framework of India. ADR methods have gained substantial traction in contemporary legal practice due to their efficiency, flexibility, and effectiveness in resolving disputes outside of traditional court litigation. This course aims to provide students with a comprehensive understanding of various ADR mechanisms, with a particular focus on arbitration as a widely utilized method for dispute resolution in India.

The course begins by exploring the theoretical underpinnings of ADR, examining its historical evolution, legal foundations, and the rationale behind its growing prominence in both domestic and international contexts. Subsequently, the course delves into the substantive and procedural aspects of arbitration law in India, encompassing both statutory provisions and judicial precedents. Students will examine the Arbitration and Conciliation Act, 1996, and its subsequent amendments, along with relevant case law interpreting key provisions. Special emphasis will be placed on understanding the arbitration agreement, appointment and jurisdiction of arbitrators, conduct of arbitral proceedings, enforcement and setting aside of arbitral awards, and the interplay between arbitration and court proceedings.