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LLM 1 Year Adr Syllabus Ip University

The document outlines the scheme of examination and detailed syllabus for the Master of Laws (LLM) program at Guru Gobind Singh Indraprastha University, effective from 2023. It includes program outcomes, specific outcomes, and course structures for various specializations such as Corporate Law, Intellectual Property Rights, and Alternate Dispute Resolution. The evaluation method, credit requirements, and specific course objectives for each paper are also detailed.

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Deepak Sharma
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0% found this document useful (0 votes)
83 views19 pages

LLM 1 Year Adr Syllabus Ip University

The document outlines the scheme of examination and detailed syllabus for the Master of Laws (LLM) program at Guru Gobind Singh Indraprastha University, effective from 2023. It includes program outcomes, specific outcomes, and course structures for various specializations such as Corporate Law, Intellectual Property Rights, and Alternate Dispute Resolution. The evaluation method, credit requirements, and specific course objectives for each paper are also detailed.

Uploaded by

Deepak Sharma
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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SCHEME OF EXAMINATION

&

DETAILED SYLLABUS

for

MASTER OF LAWS [LLM] (w.e.f 2023 onwards)

[One Year]

With Specialization in

1. Corporate Law (CL)


2. Intellectual Property Right (IPR)
3.1. Alternate Dispute Resolution (ADR)
4. Criminal Justice System (CJS)
5. Gender Justice and Women Empowerment (GJWE)

UNIVERSITY SCHOOL OF LAW AND LEGALSTUDIES

Guru Gobind Singh Indraprastha University


Dawark Sector-16-C, New Delhi-110078
PROGRAM OUTCOMES (POS) OF LLM

PO-1: inculcate critical thinking to carry out research objectively without being biased with
preconceived notions & equip the student with skills to analyze problems,

PO-2: formulate a hypothesis, evaluate and validate results, and draw reasonable conclusions
thereof prepare students for pursuing legal research in varied fields.

PO-3: imbibe effective scientific and/or technical communication in both oral and writing.

PO-4: continue to acquire relevant knowledge and skills appropriate with the help of
professional activities and demonstrate highest standards of ethical issues in legal research

PROGRAM SPECIFIC OUTCOMES (PSOS) OF LLM

PSO-1: should be able to demonstrate understanding of substantive and procedural law


sufficient to enter the legal profession and professions in which legal knowledge is an
advantage.

PSO-2: should be able to associate the learning from the courses related to Law and
Management.

PSO-3: should be able to gather and interpret relevant facts and conduct legal research.

PSO:4- to strengthen the capability so as to understand the laws at national and global level
and to solve the client’s problem.

PSO-5: should posses the skills to communicate in both oral and written forms and ability to
formulate legal problems and using appropriate concepts and methods to solve them.

PSO-6: Should analyzing social problems and understanding social dynamics.


LL.M (One Year) – ADR Specialization

Semester I

Paper Code Paper Title L RTDA C

GEN 101 Research Methods and Legal Writing 4 2 5

GEN 103 System of Governance 4 2 5

GEN 105 Law and Justice in a Globalised World 4 2 5

ADR 115 Evolution and Concept of ADR 4 2 5

ADR 117 Law of Arbitration 4 2 5

Semester II

Paper Code Paper Title L RTDA* C

ADR 128 Mediation, Conciliation and Negotiation 4 2 5

ADR 130 International Commercial Arbitration 4 2 5


Foreign Investment & International Investement
ADR 132 International
Arbitration
Investment Arbitration 4 2 5

Practical Training in ADR Skills/ Practical


ADR 134 Applications of ADR Methods 4 2 5

GEN 110 Dissertation** - - 10

Explanations

* L- Lecture
* C- Credits
* RTDA – Research and Teaching Development Activities
** NUES
Mode of Evaluation and Distribution of Marks

Each course shall carry total of 100 marks. There shall be semester end written examination
for all the courses conducted by Examination Division of the University for 60
75 Marks. In
40 marks including
each course in each semester there shall be Internal-evaluation of 25
written examination and RTDA evaluation respectively as continuous assessment by the
subject teacher concerned.

Note:
The total number of Credits of the LL.M. Programme is 55 (Fifty Five).

1. Each student shall be required to appear for examination in all the papers of the
course and secure 55 credits for the award of a degree.
ADR - SEMESTER - I
Paper – I L4 RTDA2 C5
Subject: Research Methods and Legal Writing Paper Code: GEN-101

Objective: This paper will make students understand research methodology and different
components of legal research and their application. The paper will attempt to instill rational
tools of analysis in the students so that their research contributes to the development of socio-
legal dimensions.

Course Outcome (COs):


CO1: to make students understand research methodology and different components of legal
research and their application. The paper will attempt to instill rational tools of analysis in the
students so that their research contributes to the development of socio-legal dimensions.
CO2: Demonstrate good legal writing skills, including an understanding of the use and preparation
of legal research material in legal writing and the correct methods of legal referencing.
CO 3: Use and apply secondary sources, case law and legislation using both paper based and online
resources to a research problem.

Unit – I: Precepts (Lectures 10)

a. Nature, Scope and Objectives of Legal Research and Methodology


b. Methods of Legal Research
c. Collaborative Research
d. Doctrinal and Non-Doctrinal

Unit - II: Research Designs (Lectures 10)

a. Identification and Formulation of Research Problem


b. Hypothesis and Research Design (Characteristics and contents)
c. Database for Legal Research: Legislations, Judicial Decisions, Juristic Writings
and Traditional and Online Databases

Unit - III: Research Techniques (Lectures 10)

a. Methodology: Tool and Techniques for collection of data, collection of case


materials and juristic literature, use of historical and comparative research
material and use of questionnaire and interview.
b. Census and Survey
c. Sampling: Types, Merits and Demerits
d. Observation
e. Interview, Questionnaire

Unit – IV: Data Processing Report Writing (Lectures 10)

a. Data Analysis and Interpretation


b. Report Writing
c. Supervision
d. Guidelines for researchers
e. Research Ethics

Text Books:

1. S.K. Verma and M. Afzal Wani (Eds.) Legal Research and Methodology, Indian Law
Institute (2001) 2nd Edition.
2. Goode and Hatt, ‘Methods in Social Research’, Singapore, Mc. Graw Hill Book Co.,
1985 (reprint).

References:

1. Baxi, Upendra, ‘Socio-Legal Research in India – A Program Schriff, ICSSR,


Occasional Monograph, 1975.
2. Cohen, Morris L., ‘Legal Research’, Minnesota, West Publishing Co. 1985.
3. Ghosh, B.N., ‘Scientific Method and Social Research’, New Delhi, Sterling
Publishers
Pvt. Ltd., 1984.
4. Johari J.C. (ed), ‘Introduction to the Method of Social Sciences’, New Delhi, Sterling
Publishers Pvt. Ltd. 1988.
5. Kothari C.K., ‘Research Methodology: Method and Techniques’, New Delhi, Wiley
Eastern Ltd., 1980.
6. Stone, Julius, ‘Legal System and Lawyer’s Reasoning’, Sydney, Maitland
Publications, 1968.
Paper – II L4 RTDA2 C5
Subject: System of Governance Paper Code: GEN-103

Objective: The objective is to enable the students understands and appreciate various forms
and systems of Governance. The students should particularly appreciate the role of judicial
institutions in promotion of governance, its limitations and challenges.

Course Outcome (COs):


CO 1: is to enable the students understands and appreciate various formsand systems of
Governance.
CO 2: to orient students with the role of judicial institutions in promotion of governance, its
limitations and challenges.

Unit - I : Introduction (Lectures 10)

a. Meaning and Concept of Governance


b. Systems of Governance
c. Constitutional Governance: Democracy, Rule of Law and Separation of Powers
d. Law and Governance in India

Unit - II : Federalism as a Pattern of Governance (Lectures 10)


a. Nature and Principles of Federal Governance : Classical and Modern
b. Comparative Analysis of American, Canadian and Indian Systems
c. Corporative Federalism in India: Legislative, Administrative and Financial
Relations between Union and States.

Unit - III: Judicial process and its role in Governance (Lectures 10)
a. Concept and Practice of Judicial Review in India and USA
b. Judicial Accountability, Administrative and Parliamentary Ethics
c. Role of Judiciary in Promoting Governance: Human Rights, Criminal Justice
System, Environment, Public Health etc.
d. Research and Development in Governance

Unit-IV: Emerging Trends and Challenges to Governance (Lectures 10)

a. Challenges to Governance: Corruption, Criminalization, Caste, Poverty, Terrorism


etc.
b. State Responsibility & PPP
c. Principles of compensatory discrimination, Religious and Linguistic Minorities
d. Role of Media in Governance

Text Books:

1. Joseph Minattur, Indian Legal System, ILI Publication, 2006 ( 2nd Revised Edn)
2. Allot, A.N. “African Law”, in J.D. M. Derret, Ed., An Introduction to Legal Systems
(London: Sweet & Maxwell, 1968), 131.
3. ASEAN Law Association, ASEAN Legal Systems (Hong Kong/Malaysia/Singapore:
Butterworths, 1995).
4. Basu, D. D., Comparative Federalism, New Delhi: Prentice-Hall, 1987.
5. Baxi, U., “The Colonial Heritage”, in Legrand, P. and Munday, R., eds., Comparative
Legal Studies: Traditions and Transitions (Cambridge University Press, 2003), 46.
References:

1. C. H. Mell Wain, Constitutionalism: Ancient and Modern. (1947).


2. A. V. Dicey, Introduction to the Study of Law of the Constitution. (1982) Edition.
3. Lary Alexander (ed). Constitutionalism: Philosophical Foundations. Cambridge.
(1998)
4. M. P. Singh ‘Constitution of India. 11th Ed. 2008, Eastern Book Co.
5. K. C. Wheare. Federal Government. Ch. 1 & 2, 4th Edition 1963.
6. M. P. Singh. Federalism, Democracy and Human Rights. 47 J.I.L.I. 47 (2005).
7. Parmanand Singh ‘Social Rights and Good Governance In C. Raj Kumar and D. K.
Srivastava (ed.) Human rights and Development: Law, Policy and Governance Ch.24
pp.437-54. Lexis Nexis. Hong Kong. (2006).
8. Parmanand Singh ‘Hunger Amidst Plenty: Reflections on Law, Poverty and
Governance. 48, J.I.L.I. PP 57-77. (2006).
9. Virendra Kumar. Dynamics of Reservation Policy: Towards a More Inclusive Social
Order, 50, J.I.L.I. PP 478-517. (2007).
10. Virendra Kumar, Minorities’ Rights to Run Educational Institutions: T. M. A. Pai
Foundation in Perspective. 45, J.I.L.I. PP 200-238. (2003).
11. Parmanand Singh ‘Equality and Compensatory Discrimination: The Indian
Experience, In Choklingam and C. Raj Kumar (ed) Human rights, Criminal Justice
and Constitutional Empowerment, Chapter 7, Oxford, Delhi. (2006).
12. Parmanand Singh. Protecting the Rights of the Disadvantaged Groups Through
Public Interest Litigation, in M. P. Singh et al (ed), Human Rights and Basic Needs:
Theory and Practice, Universal Law Publishing Company, New Delhi, PP 305-
329. (2008).
13. Balakrishnan, K. G. ‘Judiciary in India: Problems and Prospects. 50, J.I.L.I. PP 461-
467 (2008).
Paper – III L4 RTDA2 C5
Subject: Law and Justice in a Globalised World Paper Code: GEN-105

Objectives: The students should understand the process of globalization in all its dimensions
and perspectives, they should particularly appreciate the globalization in the context of law
and justice and the vice versa i.e. the law and justice in the context of globalization.

Course Outcome (COs):


CO 1: To understand the process of globalization in all its dimensions and perspectives.
CO2: To understand the globalization in the context of law and justice and the vice versa i.e. the
law and justice in the context of globalization.

Unit-I: Globalization: Meaning, Perspectives and Issues (Lectures 10)


a. Universalism, Internationalism and Globalization: Meaning and Differences
b. Contexts of Globalization: Historical Epoch, Confluence of Economic Processes, Hegemony of Euro-American
Values, Technological and Social Revolution
c. Role of International Organizations in the Globalized World: WHO, ILO, UNSC, UNHCR, World Bank and
IMF, WTO

Unit-II: Quest for Just World Order (Lectures 10)

a. Meaning and Approaches to Global Justice: Stoic philosophers, Role of Sovereign States (Hobbes, Locke,
Vattel, Grotius), Wolff’s Civitas Maxima, GeorgesScelle’s idea of superiority of International law over national
laws, Indian concept of Vasudhaiva Kutumbakam
b. World Order after WW-II: Eurocentric International Law, Military, Economic and Political hegemony of West,
Rules Based World Order
c. Communist Approaches to Just World Order, Political contexts of the Fall of Berlin Wall and Fall of USSR,
Rise of China-Russia alliance in the context of Ukraine-Russia conflict)
d. Third World Perspectives’ on world order, Basic Principles of New International Economic Order, Neo-
liberalism and Era of Economic Reforms (Liberalization, privatization and globalization)

Unit-III: Institutionalized Mechanisms for Law and Justice (Lectures 10)


a. Sources of International Law, Jus Cogens,Role of UNGA, and International Law Commission
b. Statute of the International Court of Justice 1945
c. Principles of International Humanitarian Law and Geneva Conventions 1949,
d. Rome Statute of the International Criminal Court 1998

Unit-IV: Issue based International Mechanisms for Justice (Lectures 10)

a. International Framework for Protection of Human Rights, including UN Guiding Principles on Business and
Human Rights
b. Rights of Foreign Investors and Investor-State Dispute Settlement (Calvo Doctrine, Trend of Bilateral
Investment Treaties (BITs), ICSID,UNCITRAL), India’s Model BIT of 1993 and 2016
c. MDGs, and SDGs
d. Global Framework on Climate Change
Recommended Readings
1. Reich, S., 1998. What is globalization?: Four possible answers. The Helen Kellogg Institute for International
Studies.
2. Fischer, S., 2003. Globalization and its challenges. American Economic Review, 93(2), pp.1-30.
3. Chimni, B.S., 2007. The past, present and future of international law: a critical third world
approach. Melbourne journal of international law, 8(2), pp.499-515.
4. Chimni, B.S., 2012. Capitalism, imperialism, and international law in the twenty-first century. Or. Rev. Int'l
L., 14, p.17.
5. Nagel, T., 2017. The problem of global justice. In Global Justice (pp. 173-207). Routledge.
6. Estévez, A., 2012. Human rights, migration, and social conflict: Towards a decolonized global justice.
Springer.
7. de Bres, H., 2013. Disaggregating global justice. Social theory and practice, 39(3), pp.422-448.
8. Rabkin, J., 1997. Grotius, Vattel, and Locke: An older view of liberalism and nationality. The Review of
Politics, 59(2), pp.293-322.
9. Vaksha, A.K., 2019. Jay Treaty 1794: The Treasure Trove for Principle of International Law on Protection of
Foreign Investments. US-China L. Rev., 16, p.281.
10. Schwebel, S.M., 2004, March. The Influence of Bilateral Investment Treaties on Customary International Law.
In Proceedings of the Annual Meeting (American Society of International Law) (pp. 27-30). The American
Society of International Law.
11. Salacuse, J.W., 2007. The treatification of international investment law. Law & Bus. Rev. Am., 13, p.155.
12. Cole, T. and Vaksha, A.K., 2011. Power-conferring treaties: The meaning of ‘investment’in the ICSID
convention. Leiden Journal of International Law, 24(2), pp.305-330.

Reference Books
13. Sinha, M.K., 2020. The Handbook of International Humanitarian Law.
14. Cox, R.W. and Sinclair, T.J., 1996. Approaches to world order (No. 40). Cambridge University Press.
15. Boyle, F.A., 1999. Foundations of world order: the legalist approach to international relations (1898-1922).
Duke University Press.
16. Kissinger, H., 2014. World order. Penguin Books.
17. Anghie, A., Chimni, B., Mickelson, K. and Okafor, O.C. eds., 2021. The third world and international order:
Law, politics and globalization. Brill.
18. Byrnes, A., Hayashi, M. and Michaelsen, C. eds., 2013. International law in the new age of globalization.
MartinusNijhoff Publishers.
19. Stiglitz, J.E., 2006. Making globalisation work. Esri.
20. Donnelly, J. and Whelan, D.J., 2020. International human rights. Routledge
21. Mayer, B., 2018. The international law on climate change. Cambridge University Press.

Note: Recommended Readings and the Reference Books enlisted here do not cover all the prescribed contents of the
syllabus. Teachers are students are advised to refer additional reading materials also to cover all the prescribed topics in
the syllabus.
Paper – IV L4 RTDA2 C5
Subject: Evolution and Concept of ADR Paper Code: ADR 115

Course Outcome (COs):

CO1- to understand the backdrop, meaning, advantages and disadvantages of Alternative


Dispute Resolution (ADR) mechanisms.
CO2- to study the fundamental concepts associated with dispute resolution mechanism and its
utility with legal aid and consumer awareness.

UNIT – I: Introduction to ADR-I (Lectures 10)

a. Disputes – meaning and Kinds of Disputes


b. Dispute Resolution in adversary system, Justiciable court structure and jurisdiction
c. ADR- Meaning and philosophy, Need for ADR
d. Overview of ADR processes

UNIT – II: Indian Perspective of ADR (Lectures 10)

a. Types of ADR in India


b. Current Trends
c. Acceptability

UNIT –III: Dispute Resolution at grass root level (Lectures 10)


a) Lok Adalats,
b) Nyaya Panchayath,
c) Legal Aid,
d) Preventive and Strategic legal aid.

UNIT – IV: ADR Application (Lectures 10)


a. Commercial and Financial Disputes
b. Real estate and Land Disputes
c. Consumer Disputes
d. Accident Claims
e. Matrimonial Disputes

Text Books:

1. P.C. Rao and William Sheffield, Alternative Dispute Resolution, Universal Law
Publication, 2004
2. Sarfaraz Ahmed Khan, Lok Adalat: An Effective Alternative Dispute Resolution, New
APCON Publication, Daryaganj, 2006.
3. Madabhushi Sridhar - Alternative Dispute Resolution, Butterworth Lexis Nexis,
(Reprint 2010) Ist edition.

References:
1. Federal Judicial Centre, Manual for Litigation Management and Cost and Delay
Reduction (1992).
2. Henry J Brown and Arthur L. Marriott, ADR Principles and Practices (2nd ed.) Sweet
and Maxwell, 1999. 41
3. J. G. Merrills, International Dispute Settlement. U.K : Cambridge University Press,
2005(Fifth Edition)
Paper – V L4 RTDA2 C5

Subject: Law of Arbitration Paper Code: ADR 117

Course Outcome (COs):


CO1- interpret the arbitration agreements with respect to the intent of the parties, seat of
arbitration, applicable law and other relevant clauses.
CO2- to understand framework of arbitration and different issues of jurisdiction
CO3- to understand the practical issues in drafting “Arbitration Clause”.

UNIT – I: Introduction to Arbitration (Lectures 10)

a. Concept and Essential features


b. Need of Arbitration in International and Indian Law
c. Arbitration Law before 1996
d. Arbitration Law after 1996

UNIT –II: Law of Arbitration in India-I (Lectures 10)

a. Arbitration Agreement
b. Appointment of Arbitrator
c. Conduct of Arbitration Proceedings
a. Power of Courts to interfere in Arbitration Proceedings
d. Place of Arbitration
e. Law applicable to the Arbitration

UNIT – III: Law of Arbitration in India-II (Lectures 10)

a. Interim Measures
b. Jurisdictional Issues
c. Arbitral Award
d. Setting Aside the Arbitral Award
e. Enforcement of Arbitral Award
f. Online Dispute Resolution
UNIT – IV: International Dispute Resolution (Lectures 10)

a. Foreign Award
b. New York Convention
c. Geneva Convention
d. Enforcement of Foreign Award: Public Order
Text Books:
1. Avtar Singh, Law of Arbitration and Conciliation, Eastern Book Company, 2013(10th
Edition)
2. Bansal, A. K. Law of international commercial arbitration, Universal, Delhi, (2010)
3. David St. John, Judith Gill, Mathew Gearing, Russell on Arbitration, Sweet &
Maxwell, 23rd ed. 2013.
References:
1. O. P. Malhotra & Indu Malhotra, The Law and Practice of Arbitration and
Conciliation, 3rd ed. (2014).
2. Justice P.S. Narayan, The Arbitration and Conciliation Act, 4th ed. (2007).
3. Chawla, S.L. Law Of Arbitration and Conciliation, Eastern Law House (2004)
4. Markanda P.C., Law Relating to Arbitration and Conciliation, Wadhwa Nagpur
42
ADR - SEMESTER - II
Paper – VI L4 RTDA2 C5
Subject: Mediation, Conciliation and Negotiation Paper Code: ADR 128

Course Outcome (COs):


CO1- to understand Drafting skills of Mediated Agreements and its enforceability.
CO2- to study the significance of specialized communication skills, and negotiation techniques
which facilitate productive interaction for mediator/conciliator.

UNIT – I: Mediation-I (Lectures 10)

a. Mediation: Meaning, Scope and importance of Mediation


b. Adjudication vs Mediation
c. Techniques of Mediation
d. Mediation Ethics and Obligations of Mediation

UNIT – II: Mediation II (Lectures 10)

a. Supreme Court’s Module on Mediation


b. Civil and Commercial Mediation
c. Family Mediation
d. Victim-offender Mediation

UNIT – III: Conciliation and Negotiation (Lectures 10)

a. Conciliation: Nature and Modes of Conciliation


b. Law Relating to Conciliation
c. Negotiation: Meaning and Significance
d. Techniques and approach to Negotiation

UNIT – IV: International Practices (Lectures 10)

a. Comparative study of Mediation


b. Comparative Study of Conciliation
c. Negotiation for International Relations and Disputes

Text Books:

1. Sriram Panchu, Mediation Practices & Law, Lexis Nexis Butterworth, 1st ed. (2011).
2. S. Susheela, Mediation Readers Handbook, Asia Law House, 1st ed. (2012).

References:
1. Abraham P. Ordover and Andrea Doneff, Alternatives to Litigation : Mediation,
Arbitration, and the Art of Dispute Resolution, Notre Dame: National Institute for
Trial Advocacy, 2002
2. Mediation in India, A Toolkit, USEFL
3. The Mediator's Handbook by Ruth Chariton and Micheline Dewdney .
4. The Fundamentals of Family Mediation by John M. Haynes and Stephanie
Charlesworth.
43
Paper – VII L4 RTDA2 C5
Subject: International Commercial Arbitration Paper Code: ADR 130
Course Outcome (COs):
CO 1 - The students gain knowledge base of the currently existing main international legal
provisions and sources of norms viz., UNCITRAL model law on arbitration regulating
international commercial arbitration and have demonstrated the application of the law in
the recent and leading Supreme Court decisions.
CO 2- The students will be familiarised with the concept of arbitral awards and its enforceability.
UNIT-I: Introduction (Lectures-10)
a. Concept, Nature and Emergence of International Commercial Arbitration
b. Dispute Resolution in International Trade
c. Important terms used in International Commercial Arbitration
d. International Arbitration Institutions
e. A comparison between institutional versus ad-hoc rules of arbitration

UNIT-II: Applicability of Laws (Lectures-10)


a. Types of laws
b. applicable in international commercial arbitration
c. Governing law of arbitration, Law applicable to the substantive and procedural issues
d. Enforcing the choice of law clause
e. Party Autonomy:Choice of law (Seat Theory), Choice of national law.
f. Conflict Rules

UNIT-III: Regulating International Commercial Arbitration (Lectures-10)


a. An introduction to UNCITRAL Model law on International Commercial Arbitration
b. Judicial intervention to Arbitration
c. Reference to arbitration
d. Interim Measures
e. General policy for enforcement, review and refusal of foreign award in India.

UNIT-IV: Recognition or enforcement of foreign arbitral awards (Lectures-10)

a. Foreign Award- meaning


b.The International Conventions for recognition and enforcement of arbitral awards
c.Reciprocity and Commercial Reservation
d.Indian law- Scope and Applicability
e.Recognition and enforcement of annulled awards
Text Books:
1. Jay E. Grenig, International Commercial Arbitration, West Thomson Reuters, 1st
ed.(2014).
2. Kroll, Laukas A Mistelis, Viscasilas, V. Rogers, International Arbitration and
International Commercil Law, Kluwer International (2011)
References:
1. Ashwinie Kumar Bansal, International Commercial Arbitration - Practice and
Procedure (Enforcement of Foreign Awards - Covering more than 75 Countries),
Universal Law Publication Co. Pvt. Ltd, 1st ed. (2014).
2. Justice R.S. Bachawat, Anirudh Wadhwa, Anirudh Krishnan, Law of Arbitration and
Conciliation with Exhaustive Coverage of International Commercial Arbitration &
ADR, Lexis Nexis Butterworth, 5th ed. (2013).

44
Paper – VIII L4 RTDA2 C5

Subject: Foreign Investment and


International Investment Arbitration Paper Code: ADR 132

Course Outcome (COs):


CO 1- to study the significance of Investor-State Dispute Settlement and how qualified arbitrators
serves foreign investors.
CO2- to understand the functionality of commercial courts on the subject of international
Investment Arbitration.
UNIT-I: Introduction (Lectures-10)
a. Overview of issues and trends in foreign investments
b. Foreign investments in historical context.
c. Trends in flow of foreign investments.
d. Foreign investments and development.
UNIT-II: Regulation of Foreign Investment (Lectures-10)
a. Historical trends in regulation of foreign investments
b. Perspectives and emergence of bilateral, regional and multilateral Investments
Treaties.
c. Rights of foreign investors.
d. Responsibilities of foreign investors’ vis-à-vis environment, human rights and other
municipal concerns of host states

UNIT III: Remedies for Foreign Investors (Lectures-10)

a. Trends and issues in treaty based remedies for foreign investors.


b. Fork in the road and the umbrella clauses.
c. Overview of foreign arbitral institutions.
d. Recognition and enforcement of foreign arbitral awards with specific reference to
India.

UNIT-IV: International Centre for Settlement of Investment Disputes (Lectures-10)

a. Overview of ICSID.
b. Resolution of Investors State Dispute with specific reference to Washington
Convention 1965.
c. Preliminary issues in respect of jurisdictional proceedings.
d. Essentials for the jurisdiction of ICSID, patterns of consent and meaning of foreign
investment under Article 25 of the ICSID.

Text Books:
1. Campbell Mc Lachlan, Laurence Shore & Matthew Weiniger, International
Investment Arbitration: Substantive Principles, Oxford University Press, 1st ed, 2008.
2. Todd Weiler, International Investment Law and Arbitration: Leading Cases from the
ICSID, NAFTA, Bilateral Treaties and Customary International Law, Cameron,2005.
3. Mohamed A. M. Ismail, COnseil dÉtat, International Investment Arbitration: Lessons
from Developments in the MENA Region, Ashgate, 1st ed., 2013
References:

1. Arbitration under International Investment Agreements: A Guide to the Key 45


Issues (2010) INTL K3830 .A75 2010.
2. Kroll & Horn, Arbitrating Foreign Investment Disputes: Procedural and Substantive
Legal Aspects, Kluwer Law, (2004)
Paper – IX L4 RTDA2 C5

Subject: Practical Training in ADR Skills Paper Code: ADR 134

Course Outcome (COs):


CO1- to equip the learner with an understanding of various ADR methods;
CO-2 to train the learner to choose from these methods, and use them in a manner which creates
minimum stress on the parties – in terms of both money and time; and
CO3- to enable learners to pursue solutions acceptable to both sides in a legal dispute

The obectives of this paper is to develop in the students of LLM ADR practical
understandings of the matter which can be preferably resolved through ADR. They will
therefore be given actual training in processing cases for resolution using ADR techniques.
The main focus will be on resolution of commercial disputes of both national and
international dimensions, disputes between citizens and government, matrimonial disputes,
arbitration and those concerning civil rights. During the semester at least four cases will have
to be processed by the students. The evaluation of course work in this paper shall be
exclusively internal by a Board of examiner constituted by the Academic Programme
Committee of the University School of Law and Legal Studies.

46
Paper – X C 10
Subject: Dissertation Paper Code: GEN 110

The evaluation of the Dissertation and Viva Voce will be conducted by a Board of
Examiners comprising of Dean, Supervisor and senior most faculty member and an External
Examiner with the approval of the Hon’ble Vice Chancellor.

Course Outcome (COs):


CO1:The dissertation shall be evaluated by the Board of Examiners consisting of Dean, an
External Examiner, one faculty member nominated by APC and the supervisor concerned.
Students are evaluated on the basis on their research writing skills , clarity on research
methodology, hypothesis, literature review, research questions,etc

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