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.