INTERNATIONAL COMMERCIAL ARBITRATION
ELECTIVE COURSE
Course Instructors:
Ms. Nikita Pattajoshi
1. COURSE OBJECTIVES
2. DETAILED COURSE OUTLINE
3. LIST OF SUGGESTED READINGS
4. MARKS DISTRIBUTION
5. PROJECT SUBMISSION GUIDELINES
COURSE OBJECTIVE:
Arbitration as a way of alternative dispute resolution is preferred over litigation in recent times
owing to the advantages of being neutral, faster and flexible in the manner of its conduct.
This course on International Commercial Arbitration aims to ensure that the students are well
versed with essential concepts of international commercial arbitration law and gain a
perspective on the topics taught so as to make them better practitioners and enable them to
contribute through further research.
DETAILED COURSE OUTLINE:
MODULE I INTRODUCTION TO INTERNATIONAL COMMERCIAL ARBITRATION
Introduction to arbitration, meaning and types
Legal framework for Arbitration in India: the Arbitration and Conciliation Act,
1996.
Overview of the process of Arbitration
Introduction to International framework for Arbitration: UNCITRAL Model Law,
Geneva Convention, New York Convention
Concept of commercial in International Commercial Arbitration
Concept of International Commercial Arbitration and other than ICA
distinguished
Concept of domestic arbitration and foreign arbitration distinguished
MODULE II ARBITRABILITY AND ARBITRATION AGREEMENT
Significance of Arbitration agreement
Forms and other requirements of a valid Arbitration agreement
Autonomy of Arbitration Agreement The Principle of Separability and Kompetenz
Kompetenz
Parties to Arbitration agreement and rights of third parties/non-signatories
Concept of Arbitrability
Arbitrability of certain specific disputes; fraud, anti-trust issues, IP claims etc.
MODULE III CHOICE OF APPLICABLE LAW IN INTERNATIONAL COMMERCIAL
ARBITRATION
Choice of law in ICA
Law applicable to Substantive Dispute
Law governing Arbitration agreement
Applicable Choice of law [Party autonomy, choice of national law, choice of
national principles, Conflict of law rules]
MODULE IV COMMENCEMENT AND CONDUCT OF ARBITRATION PROCEEDINGS
Role of Courts and reference to Arbitration
Appointment of Arbitrator and Constitution of the Arbitral Tribunal
Jurisdiction of the Tribunal and principle of Kompetenz Kompetenz
Duties of the Tribunal, Removal of Arbitrator
Interim Measures under Arbitration Act of 1996
MODULE V RECOGNITION AND ENFORCEMENT OF ARBITRAL AWARDS
Scope and nature of an award
Types of award; interim, Additional, consent, final, default
Appeal against award in domestic Courts
Grounds for setting Aside an award
Enforcement of award in Courts of primary jurisdiction
Recognition and Enforcement of Foreign Awards
Grounds for refusal of Recognition and Enforcement
LIST OF SUGGESTED READINGS:
1. Alan Redfern, Martin Hunter et al., Redfern and Hunter on International Arbitration
(6th ed., Oxford University Press, 2015)
2. Gary B. Born, International Arbitration: Law and Practice (Kluwer Law International,
2012)
3. Anirban Chakraborty, Law and Practice of Alternative Dispute Resolution in India
(Lexis Nexis, 2016)
4. P. C. Markanda, Law Relating to Arbitration and Conciliation (Lexis Nexis, 7th ed,
2008)
MARKS DISTRIBUTION:
Mid-semester Examination 20 marks
End- semester Examination 50 marks
Project (written component) 15 marks
Viva (Oral component) 5 marks
Class test (Best of 3) 5 marks
Attendance 5 marks
TOTAL 100 marks
PROJECT SUBMISSION GUIDELINES:
1. The project shall be in form of a research paper on a topic chosen by the student and approved
by the course instructor.
2. Projects shall be submitted within the deadline as notified by the University. The paper
should necessarily contain the following:
Abstract (200-300 words)
Research Questions (2-3 nos.)
Body
Bibliography
3. The format of the paper shall be as follows:
Times New Roman, 12 font size
1.5 line spacing, double side printed
Word limit: 2,500-5,000 words
Any uniform mode of citation for footnotes
4. Plagiarism or any other act of academic dishonesty shall not be tolerated in any case. The
course instructor has the right to change the project title under certain circumstances.
