- 5-Year B.A., LL.B. (Hons.), LL.M.
- III, IV, V
- Jul 2021
- Elective Course
This seminar will provide a foundational understanding of the history, philosophy, advantages, disadvantages, procedures, and ethics of domestic and international commercial arbitration. It will consider the role of arbitration in modern conflict resolution in various contexts, its significance in furthering the rule of law, reasons why arbitration has become an increasingly important and common means of resolving disputes between citizens or companies from the same or different countries with an emphasis on important cases/awards and practical application.
The seminar will consider differences between international commercial arbitration and domestic litigation/arbitration, national arbitration statutes, choice of law issues, agreements to arbitrate, arbitral jurisdiction and arbitrability, procedural rules and issues relating to the exercise of arbitral authority, due process and moral hazards in arbitration, disclosure, hearings, evidence, arbitral awards, recognition, enforcement and setting aside of awards, ethical issues arising for both advocates and arbitrators and the reforms that have been proposed to address some of these controversies. It will also address the distinct features of arbitration against foreign states. We will read and discuss Indian and foreign case law, international arbitration decisions, academic commentary and empirical analyses of arbitration use and consequences, and hear from arbitrators and leading arbitration practitioners. Students will select aspects of arbitration law or practice or the controversies that surround it and write research papers on their topic of interest.
By the end of the seminar, it is expected that participants would possess a solid understanding of arbitration law and practice.