Section outline

  • General

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    Course Name: Alternative Dispute Resolution
    Course Code: Law-405
    Credits: 3


    Mohammad Abu Sufian
    LL.B (Hons) & LL.M (London)
    Certificate of Higher Education in Law (London)
    Master of Laws in International Trade Law (London)
    Senior Lecturer, Department of Law
    Assistant Proctor (PC)Daffodil International University
    Cell: 01716362630E-mail:  sufian.law@diu.edu.bd

     


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      Class Routine of Fall 2021 File
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      Section B: Saturday 1.00pm to 2.20pm and Tuesday 11.30pm to 12.50pm

      Section DSC: Sunday 4.00pm to 5.20pm and Monday 2.30pm to 3.50pm

  • Introduction to the Course

    Guideline for the course:

    1.  The students are advised to be registered in BLC course as per guidelines

    2. One discussion or feedback forum is created under each of the lectures Students have to give their feedback on this forum and marks will be given for their feedback
    3. All the students have to submit a copy of their assignment, special tasks or reports under specific section created here and for this they will be graded here.
    4. The question pattern and the syllabus for the quizzes, midterm and final exam is given hereunder each of the section (quizzes, midterm, and final)
    5. There are midterm and final exam preparation forum under these sections where students can discuss with each other about their midterm and final exam syllabus, any problem regarding the exam etc.
    6. There will be attached materials, videos, or website links with every lecture. You are requested to check out those before every class for better understanding.

    Course Descriptions 

    Course Objectives: 

     Understand the backdrop, meaning, advantages and disadvantages of Alternative Dispute Resolution (ADR) mechanisms. 
     Understand the key differences between Alternative Dispute Resolution mechanisms and Judicial Adjudication. 
     Understand the skills and elements involved in Negotiation, Mediation and Conciliation. 
     Understand the process of dispute resolution through ADR mechanisms, in particular,
      Understand the provisions related to reference of disputes to alternative dispute mechanisms under the Code of Civil Procedure (CPC), 1908.  
     Understand the complexities involved in drafting “Arbitration Clause”.

      Course Outcomes: 

    At the end of this course the following outcomes should be achieved: Having successfully completed this course you will be able to: 

    1. Appreciate the advantages of resolving disputes through alternative dispute resolution mechanisms. 
    2. Appreciate the conceptual framework related to various ADR processes. 
    3. Appreciate the skills required for successfully conducting the ADR proceedings. 
    4. Identify various styles of drafting the arbitration clause in an agreement. 
    6. Critically analyze the leading case-law pertaining to the Civil Procedure Code 1908.

    Course Contents 

    SYLLABUS: 

    UNIT-I –INTRODUCTION 

    A. BACKGROUND & MEANING – ALTERNATIVE DISPUTE RESOLUTION (ADR) 

    B. ALTERNATIVE DISPUTE RESOLUTION (ADR) MECHANISMS – AN OVERVIEW 

    C. ADVANTAGES & DISADVANTAGES – ADR MECHANISMS 

    D. COMPARISON – ADR V. JUDICIAL ADJUDICATION (ADVERSARIAL SYSTEM)

    UNIT II - NEGOTIATION

    A. MEANING OF NEGOTIATION 

    B. CHARACTERISTICS OF NEGOTIATION 

    C. THEORIES OF NEGOTIATION

     D. ELEMENTS OF NEGOTIATION 

    E. SKILLS INVOLVED IN NEGOTIATION

    UNIT - III - MEDIATION AND CONCILIATION 

    A. MEANING OF MEDIATION AND CONCILIATION 

    B. DISTINCTION OF MEDIATION AND CONCILIATION 

    C. ADVANTAGES OF MEDIATION 

    D. SOURCES OF CONTEMPORARY MEDIATION AND CONCILIATION 

    E. ROLE OF MEDIATOR / CONCILIATOR

    UNIT – IV - COURT ANNEXED ADR IN Bangladesh

    A. OBJECTIVES OF COURT ANNEXED ADR 

    B. SECTION 89 - CODE OF CIVIL PROCEDURE, 1908 

    C. ROLE OF COURT – REFERRAL OF DISPUTE TO ADR

    UNIT – V - ARBITRATION

    A. INTRODUCTION 

    B. IMPORTANT TERMINOLOGIES IN ARBITRATION 

    C. TYPES OF ARBITRATION 

    D. LEGAL FRAMEWORK GOVERNING ARBITRATION 

    E.  THE ARBITRATION ACT, 2001

     LEGISLATIVE BACKDROP, SCOPE AND DEFINITIONS 

     ARBITRATION AGREEMENT 

     COURTS POWER OF SUPERVISION 

     ARBITRATORS 

     ARBITRAL PROCESS AND CHALLENGES TO ARBITRATION

      ARBITRAL AWARD  RECOURSE AGAINST ARBITRAL AWARD 

     RECOGNITION & ENFORCEMENT OF FOREIGN ARBITRAL AWARDS

    UNIT – VI – MISCELLANEOUS 

    A. FUTURE OF ADR IN Bangladesh 

    B. ARBITRATION CLAUSES – STYLE & FORMS 

    C. DEMONSTRATIVE EXERCISES – ADR MECHANISMS

    Textbooks, 

    Supplementary Materials Text Books: 

     “Law & Practice of Alternative Dispute Resolution in India – A Detailed Analysis”, by Anirban Chakraborty; 2016 Edition, LexisNexis, Gurgaon. 

     “Law Relating to Arbitration and Conciliation” by Dr. P.C. Markanda, Naresh Markanda, Rajesh Markanda; Ninth Edition, 2016, LexisNexis, Gurgaon. 

     “Justice RS Bachawat’s Law of Arbitration and Conciliation”, by Anirudh Wadhwa (Chief Editor), Fifth Edition, 2010, LexisNexis, Gurgaon. Reference Text : 

     “Dispute Resolution – Negotiation, Mediation and Other Processes” by Stephen B. Goldberg, Frank E.A. Sander, Nancy H. Rogers; Third Edition, 1999, Aspen Law & Business, New York.



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      Assessment Strategy File
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      Books File
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      FREE BOOK OF A History of Alternative Dispute Resolution: The Story of a Political ... By Jerome T. Barrett, Joseph Barrett URL
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      United Nations Charter URL
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      The Charter of the United Nations is the founding document of the United Nations. It was signed on 26 June 1945, in San Francisco, at the conclusion of the United Nations Conference on International Organization, and came into force on 24 October 1945.

      The United Nations can take action on a wide variety of issues due to its unique international character and the powers vested in its Charter, which is considered an international treaty. As such, the UN Charter is an instrument of international law, and UN Member States are bound by it. The UN Charter codifies the major principles of international relations, from sovereign equality of States to the prohibition of the use of force in international relations.

      Since the UN's founding in 1945, the mission and work of the Organization have been guided by the purposes and principles contained in its founding Charter, which has been amended three times in 1963, 1965, and 1973.

      The International Court of Justice, the principal judicial organ of the United Nations, functions in accordance with the Statute of the International Court of Justice, which is annexed to the UN Charter, and forms an integral part of it.


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      THE ARBITRATION ACT, 2001 URL
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      An Act to enact the law relating to international commercial arbitration, recognition and enforcement of foreign arbitral award and other arbitrations. Whereas it is expedient and necessary to enact the law relating to international commercial arbitration, recognition and enforcement of foreign arbitral award and other arbitrations;

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      live class URL
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      live class ,section B URL
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      LIVE CLASS DSC URL
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      LIVE CLASS SECTION B URL
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      LIVE CLASS RECORDING B URL
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      LIVE CLASS RECORDING ,DSC URL
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      LIVE CLASS RECORDING URL
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      LIVE CLASS RECORDING DSC URL
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      LIVE CLASS RECORDING DSC URL
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      HOME WORK ONE Assignment
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  • L1 General Introduction to ADR

    This lectures gives an overview of ADR and the basic kinds and objectives of ADR

  • L2 Historical Background of ADR


    This chapter describes the history and background of creation of ADR

  • L3 Problems and Prospects


    This Lectures tries to give an overview of the general problems and prospects of ADR in Bangladesh 

  • Quiz 1

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      Quiz one .Click here to answer
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      The syllabus of our first quiz is 'Sources, definition and nature of ADR.  You have to give relevant legal provisions, contemporary examples, and case references while answering the essay question.

  • L4 Mediation and Process


    This lecture narrates the mediation and the required skills for mediation 

  • L5 Advantages and Characteristics

    ADR Characteristics


    This chapter is on advantages and basic characteristics of ADR

  • L9 ADR in Civil Procedure Code 1908


  • L6 ADR in Artha Rin Cases

    ADR in Artha Rin Cases

  • L7 ADR under Muslim Family Law Ordinance 1961


  • L8 ADR under Family Court Ordinance 1985


  • ASSIGNMENT

  • Topic 13

  • L10 ADR in Labor Act 2006


  • L11 ADR in Criminal Cases in Bangladesh

    Crim

  • L12 ADR In Arbitration Act 2001

    Arb