CSI214 | Settlement of International Commercial Disputes

It is a generally accepted view that parties involved in international (transnational) commercial/business relationships regard arbitration as the most suitable method for resolving their disputes. Given the complex nature of and the problems associated with international commercial arbitration, efforts are being made at the international and national levels to promote mediation as an effective mode for settling international commercial 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 process of harmonization. Unquestionably, the national variations do exist even when states have adopted these harmonized legal instruments applicable to the subject under consideration.

While based upon the foundations of international law and transnational/ comparative law jurisprudence, the course is mainly focusing on India. 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/comparative law 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 pertinent issues, theme wise and content wise, will be briefly discussed by the course teacher. Of course, class discussion and class participation through dialogue will be highly appreciated. Needless to say, the course is stand-alone one.