CLINICAL COURSE

ALTERNATIVE
DISPUTE RESOLTUION
MECHANISMS

Submitted By:
Anirudh Arora
IXth Semester
Sec. A
Roll No.- 5

ACKNOWLEDGEMENT
I extend my heartfelt gratitude and sincere thanks to my Clinical
Course teacher Dr S.Z. Amani for his encouragement and full
cooperation throughout the completion of this assignment.
Without his guidance and support this assignment would never
have been possible.

THANK YOU SIR

RESEARCH METHODOLOGY

This assignment has been prepared on the doctrinal type of methodology. The
material has been collected from various sources that of articles, books various law
journals, newspapers and internet. It contains viewpoint of many jurists and
advocates.
The material was collected and arranged in order. This assignment emphasizes on
the ADR Mechanisms.
In order to make it an easy and well understandable read the whole assignment has
been divided into chapters which individually describe its meaning, and relevant
case laws are also given to explain the reader with practical view.
In the last section, a conclusion is given that concludes the topic and gives a quick
gist of the whole subject.

OVERVIEW
Alternative Dispute Resolution, as the name suggests, is an alternative to the traditional process
of dispute resolution through courts. It refers to a set of practices and techniques to resolve
disputes outside the courts. It is mostly a non-judicial means or procedure for the settlement of
disputes. In its wider sense, the term refers to everything from facilitated settlement negotiations
in which parties are encouraged to negotiate directly with each other prior to some other legal
process, to arbitration systems or mini trials that look and feel very much like a court room
process. The need for public adjudication and normative judicial pronouncements on the
momentous issues of the day is fundamental to the evolution of the land. ADR is necessary to
complement and preserve this function of the courts. It has some instrumental and intrinsic
functions; it is instrumental in so far as it enables amicable settlement of disputes through means
which are not available generally through courts. It is intrinsic because it enables the parties
themselves to settle their disputes.
There are three important factors in every arbitration arrangement. The first relates to
nomination, second relates to legality of the award given by the arbitrator and third the
permissible area of challenge to the arbitrators award. Accepting the award is the normal
excepted code of conduct of the parties who have chosen an arbitrator. It is but natural that they
have initially reposed faith on the arbitrator or the arbitrators, as the case may be. If the award is
not to the choice of the parties or any one of them, it would be unfair to the arbitrator or the
arbitrators, as the case may be, to term the award as the outcome of the malafide. It is, therefore,
very unfortunate that increasingly misconduct by the arbitrator or the arbitrators as the case may
be is alleged. Sometimes obnoxious allegations are made. The image should be untarnished.
There may be black sheep like any other sphere of human life. But then that fallacy can be
remedied by making a wise choice at the threshold.

LIST of BOOKS

1. Tewari, O.P; The Arbitration & Conciliation Act with Alternative Dispute Resolution;
Allahabad Law Agency, Faridabad; 4th Edition(2005) Reprint 2007
2. Singh, Dr. Avtar; Law of Arbitration and Conciliation (including ADR Systems); Eastern
Book Company, Lucknow; 7th Edition(2006)
3. Patil, B.S; The Law of Arbitration and Conciliation; Mrs. S.B Patil, Saish, Pune, India;
4th Edition with Case Law Supplement 2003
4. Chawla S.K.; Law of Arbitration and Conciliation- Practice and Procedure; eastern Law
House Pvt. Ltd,; Reprint 2000
5. Kwatra G.K.; Arbitration & Conciliation Law of India; The Indian Council of Arbitration;
Edition- 2004
6. Kwatra G.K.; Arbitration & Alternative Dispute Resolution with International Business
Disputes; Universal Law Publication Co.; 2008
7. Sathe, S.P.; Judicial Activism in India- Transgressing Borders and Enforcing Limits;
Oxford India Paperbacks(2003)
8. Rao P.C & Sheffield William Alternative Dispute Resolution- What it is and how it
works?; Universal Law Publishing Co. Pvt. Ltd. New Delhi- India; 1997 Edition,
Reprint 2011

JOURNALS, MAGAZINES & NEWSPAPERS

1. Sh. Venugopal K.K.; Rendering Arbitration in India Swift Effective; NYAYA DEEP;
Vol. VI, Issue: 01, Jan. 2006
2. Ganguli A.K.; The Proposed Amendments To The Arbitration And Conciliation Act,
1996- A Critical Analysis; Journal of Indian Law Institute (2003)
3. Pasayat, Dr. Arijit, J.; Arbitration And Courts Harmony Amidst Disharmony; NYAYA
DEEP; Vol. VIII, Issue: 4, Oct. 2007
4. Deshmukh Raosaheb, Dilip, J.; Efficacy Of Alternative Disputes Resolution
Mechanisms In Reducing Arrears Of Cases; NYAYA DEEP; Vol. X, Issue: 2, April 2009
5. Ramakrishnan K, J; Scope of Alternative Dispute Resolution in India; 2005(1) JV
6. Prof. Aggarwal, Nomita; Alternative Dispute Resolution: Concept and Concerns;
NYAYA DEEP; Vol. VII, Issue: 01, Jan. 2006

7. Sabharwal, Y.K, J.; Alternative Dispute Resolution; NYAYA DEEP; Vol. VI, Issue: 01,
Jan. 2005
8. Sinha, S.N.P and Mishra, Dr. P.N.; A Dire Need Of Alternative Dispute Resolution
System In A Developing Country Like India; INDIAN BAR REVIEW; Vol. XXXI
(3&4) 2004
9. Prof. Aggarwal, Nomita Alternative Dispute Resolution: Concept and Concerns,
NYAYA DEEP; Vol. VII, Issue: 01, Jan.2006
10. Sathe, S.P.; Judicial Activism in India- Transgressing Borders and Enforcing Limits;
Oxford India Paperbacks(2003)
11. Y.K, J.; Alternative Dispute Resolution; NYAYA DEEP; Vol. VI, Issue:01, Jan. 2005
12. Dilip, B. Bhosale J.; Alternative Dispute Resolution: An Effective Alternative;
INDIAN BAR REVIEW; Vol. XXX (1) 2003
13. Rao, P.C & Sheffield, William; Alternative Dispute Resolution- What it is and how it
works?; Universal Law Publishing Co. Pvt. Ltd. New Delhi- India; 1997 Edition,
Reprint 2011
14. Malhotra, Indu; Res judicata in Arbitration, NYAYA DEEP, Vol. V, Issue: 01, Oct.
2004
15. Raghuram, Goda, J.; Alternative Dispute Resolution; NYAYA DEEP; Vol. VIII, Issue:
02, April- 2007
16. Sinha, S.B. J.; Mediation: Constituents, Process and Merit, NYAYA DEEP, Vol. VII,
Issue: 04, Oct. 2006
17. Balakrishnan K.G. J.; Mediation and Conflict Resolution, NYAYA DEEP, Vol. IX,
Issue: 02, April-2008
18. Dilip B. Bhosale, J.; Alternative Dispute Resolution, An Effective Alternative, INDIAN
BAR REVIEW, Vol. XXX (1) 2003
19. THE TELEGRAPH; 26 June, 2012

E-materials
1. www.globaljurix.com
2. www.frindia.org
3. www.legalseviceindia.com
4. www.duhaime.org
5. www.frenosuperiorcourt.org
6. www.ebc-india.com
7. www.sethassociates.com
8. www.legalindia.in
9. www.ijtr.nic.in
10.www.beyondintractability.org
11.www.hg.org
12.www.lawyersnjurists.com
13.www.informlegal.com

14.www.unich.edu
15.www.arbitration_icca.org
16.www.arbitration.com
17.www.uncitral.org
18.www.jus.uio.no
19.www.wikipedia.org
20.www.international-arbitrator.net
21.www.oas.org
22.www.jurisonline.in
23.www.onlineresolution.com
24.www.oecd.org
25.www.e-arbitration-t.com
26.www.cyberlawindia.blogspot.com
27.www.net-arb.com
28.www.w3.org
29.www.siac.org.sg
30.www.jurispub.com

S.No.

Contents

Page No.

1.

Chapter I

2.

Chapter II

3.

Chapter III

15

4.

Chapter IV

28

5.

Chapter V

37

6.

Chapter VI

40

7.

Chapter VII

50