Syllabus for the

International Commercial Arbitration

Optional

Sem - VII
Name of the Course Teacher: Mr. S.K.Sinha

Objectives:
Disputes are an inevitable occurrence in many international transactions. In an era
of electronic commerce, many of todays business transactions and markets, move
faster than ever before. In trade and commerce many business communities are self
regulating and promulgate their own norms, rules and enforcement mechanisms.
If business behavior is seen as indicator, in the last two decades, the businessmen
have increasingly resorted to ADR for resolution of their disputes rather than
resorting to litigation. More and more businessmen are turning away from the
judicial system and resorting to private dispute resolution mechanisms, as they
view traditional litigation as unable to meet their conflict resolution needs. Certain
of the disputes, by nature are fit to be resolved through specific method of
resolution. Each of these dispute resolution systems involves different style of
planning and execution. This course trains the students in Commercial Arbitration.

Course contents:
UNIT-I

 Concept of ADR.
History and Reasons for the growth of ADR.
Advantages of ADR.
Legislative and Judicial Sanction for ADR.
Important forms of ADR.
Historical background of International Commercial Arbitration.
Meaning & scope of International Commercial Arbitration.
Meaning of Commercial in International Conventions.
Meaning of International Indian Perspective.

UNIT-II
Choice of Law.
Real and Substantial Connection Theory.
The Seat Theory.
Conflict of Laws Procedure (Lex Fori - Lex Arbitri Lex Situs - Lex Loci
Contractus Lex Loci Solutionis Lex Domicilii Lex Patriae).
Lex Mercatoria.
Amiable Composition.

UNIT-III
Significance of agreement in arbitration.
Forms of arbitration agreement.
Definition and requirements of a valid arbitration agreement.
Rule of severability.
Who can enter into arbitration agreement.

UNIT-IV
Arbitral Tribunal Composition Grounds of challenge of arbitrators
Jurisdiction of Arbitral Tribunals Independence of Arbitral Tribunal
Under Arbitration and Conciliation Act, 1996.
Composition of Arbitral Tribunal under UNCITRAL Rules.
Conduct of Arbitration Proceedings Place of Arbitration under ICC Rules,
LCIA Rules, WIPO Rules.
Arbitral Proceedings Rules of procedure and evidence Statement of Claim
and Defence Hearings and written proceedings Under Arbitration and
Conciliation Act, 1996.
UNIT- V
Filing of Foreign Arbitral Awards under Geneva and New York Conventions.
Enforcement Laws in India
Enforcement of Foreign Commercial Arbitral Awards in India.
Grounds for Non-Recognition and Enforcement of Foreign Awards.
Validity of the Award.
Public Policy.
Appeal Refer Parties to Arbitration Stay of Proceedings Execution of the
Foreign Award.
UNIT- VI

 Courts and International Commercial Arbitration in India.

International Commercial Arbitration Vis--vis Arbitration and Conciliation
Act 1996.

Suggested Readings:

O.P. Malothra, The law and practice of Arbitration & Conciliation (2nd edn,
LexisNexis Butterworths , New Delhi 2006).

P.C. Rao & William Sheffield, ed., Alternative Disputes Resolution- What it is and
how it works? (Universal Law Publishing Co. Pvt. Ltd., New Delhi, 2006).

P.C. Markanda, Law relating to Arbitration and Conciliation, (7th edn., LexisNexis
Butterworths, Nagpur, 2009)

Basu. N.D, Law of Arbitration and Conciliation( 9th edn., Universal Law Publishing
Co. Pvt. Ltd., New Delhi, 2000).

Further Readings:

5. G.K.Kwatra , The Arbitration and Conciliation Law of India (Universal Law

Publishing Co. Pvt. Ltd., New Delhi, 2000).

Surendra Malik, Supreme Court on Arbitration ( Eastern Book Co, Lucknow, 2003).

Annual Survey of Indian Law, (ILI, New Delhi).

A. Redfern and M. Hunter, Law and Practice of International Commercial

Arbitration (Student Edition, Sweet and Maxwell, London, 2003).

Statutes to be Reffered:

1
2
3
4
5

Arbitration and Conciliation Act, 1940

Arbitration and Conciliation Act, 1996
Legal Sservices Authorities Act, 1987
Lokpal Bill
UNCITRAL Model Law

Journal/ Periodical/Review
Major periodicals devoted to international commercial arbitration
American Review of International Arbitration
Arbitration International
Arbitration, Journal of the Chartered Institute of Arbitrators
ASA Bulletin (Swiss Arbitration Association Bulletin)
Croatian Arbitration Yearbook
Dispute Resolution Journal
International Arbitration Law Review
International Chamber of Commerce, International Court of Arbitration
Bulletin
Journal of International Arbitration
Journal of International Dispute Resolution
Mealeys International Arbitration Reports
World Arbitration and Mediation Report

 World Trade and Arbitration Materials

Yearbook of Commercial Arbitration