CPI213 | Law and Practice of International Commercial Transactions

It is a widely held view that parties involved in transnational commercial/  business relationships regard mediation/conciliation and arbitration as the most suitable  methods for resolving their disputes. Most often than not, parties to such contractual  relationships include dispute settlement clause/s favoring either mediation or arbitration  or a combination of both. Absent international legal prescriptions, both commercial  mediation and commercial arbitration in international context raise peculiar law and policy issues with regard to the conduct of mediation and arbitration, the recognition and  enforcement of foreign arbitral awards and the recognition and enforcement of mediated  settlements rendered abroad. At the international level, these law and policy problems are  sought to be addressed through the adoption of unification/harmonization legal  instruments- both hard law and soft law ones.

This course is based upon the foundations of international law and transnational  jurisprudence. Thus, it is imperative that students who opt for the course should have an  aptitude to learn the subject from the perspectives of international law and transnational  jurisprudence.

The primary objective of the course is to help students to identify and solve legal  and policy issues in the fields of international commercial arbitration and mediation with  an Indian focus. To orient students to undertake further studies in the discipline and to  become Indian transnational law lawyers is incidental to the primary objective.

The course is essentially based on introduction of the legal and policy issues by  the course instructor. Class discussion and class participation through dialogue will be  highly appreciated. Needless to say, the course is stand-alone one.