Arbitration is one of the oldest structures of alternative dispute resolution for industrial disputes. Arbitration is a non-public adjudicative mechanism which takes area pursuant to an agreement among two or extra events. The arbitrator has to behave in step with regulation or, in that case agreed, other concerns and after a honest listening to render decision which is enforceable at regulation. It's miles a preferred method as it's far transnational in character and has the backing of law via a community of country wide and worldwide gadgets.
This route is designed to speak about in element the nuances of home and global industrial arbitration. The course is a completely online direction which offers an choice to the participant to undergo the program at a place and time convenient to him/her.
Course Objectives
• To recognize the constraints of courts as a device of dispute resolution in appreciate of few disputes
• To recognize powerful resolution of dispute
• To familiarize with home and global industrial arbitration
• To recognise approximately various legal and regulatory framework governing arbitration
• To examine the state-of-the-art improvement within the area of arbitration
Learning Results
• After successful of completion of the course, the members will expand a radical expertise of the arbitration as a method of dispute decision
• Recognize the prison and regulatory framework governing both home and international business Arbitration Agreements
• Understand the prison framework for enforcement of Arbitral Awards
• Accumulate theoretical and sensible knowledge of arbitration system
MODULE 1 – Introduction to Arbitration
a. Historical Background
b. The Arbitration Act
c. Legal Position in India
MODULE 2 – Appointment of Arbitrators
a. Growth of Arbitration in India
b. The Law Commission Reports
c. The Amendments
d. Recent Judgments
MODULE 3 – Interim Measures Vis-a-Vis Section 9
a. Introduction
b. Guiding Principles of granting Injunctions
c. Provision
d. Interplay between Institutional Emergency Arbitration Provisions and Indian Courts Interim Measures - Section 9.
MODULE 4 – Challenges and Issues for Arbitration in India
a. Power to refer parties to arbitration - Section 8
b. Interim Reliefs - Section 9 and 17
c. Background of Section 29A – Time for making an Award
d. Confidentiality of Arbitration Proceedings – Section 42A
e. Application of Limitation Act in Arbitration – Section 43
MODULE 5 – Recourse to Arbitral Award
a. Journey of Section 34 of Arbitration Act
b. Judicial Approach to Section 34 of the Act
MODULE 6 – Anti Arbitration Injunction in India
a. Anti Arbitration Injunction in India
b. Case Laws on Anti Arbitration Injunction in India
MODULE 7 – Introduction to Conciliation
a. Introduction to Conciliation
b. Role of Conciliator
c. Conciliation vis-s-vis Arbitration
d. Conciliation under Code of Civil Procedure, 1908