Unit 3 of Practical Training – II: Alternate Dispute Resolution (syllabus: Module III — enforcement of New York and Geneva Convention awards, conciliation, mediation and negotiation, and counselling). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.
What this unit covers
- What makes an award a foreign award enforceable in India?
- On what grounds may an Indian court refuse to enforce a foreign award, and how do they differ from setting aside a domestic award?
- How does the Geneva regime differ from the New York regime on who must prove what?
- How does a conciliation begin and end, and what is the status of the settlement?
- Why can nothing said in a conciliation be used later, and who can the conciliator never become?
- How does mediation differ from conciliation, and when may a court refer parties without their consent?
- What does a negotiator actually prepare, and what makes a negotiation fail?
- What is legal counselling, and who makes the choice between the available options?
Treat that list as a self-test: recite each topic's rule from memory before you open its cases.
Provisions
- Arbitration and Conciliation Act, 1996, s. ss. 44, 52, 53
- Arbitration and Conciliation Act, 1996, s. ss. 47, 48, 49, 50
- Arbitration and Conciliation Act, 1996, s. ss. 56, 57, 58-60
- Arbitration and Conciliation Act, 1996, s. ss. 61-67, 73, 74, 76, 77
- Arbitration and Conciliation Act, 1996, s. ss. 75, 80, 81
- Code of Civil Procedure, 1908, s. s. 89
Leading cases
- National Thermal Power Corporation v. Singer Company
- Fuerst Day Lawson Ltd. v. Jindal Exports Ltd.
- Haresh Dayaram Thakur v. State of Maharashtra
- Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (P) Ltd.