International Commercial Arbitration

INTERNATIONAL COMMERCIAL ARBITRATION
OBJECTIVE: International commercial arbitration law is the single most important means to
resolve cross border commercial disputes in today’s flat world economy. This course
provides students with the fundamental legal and jurisdictional underpinnings the
international commercial arbitration system of dispute resolution, the procedural mechanisms
for conducting international commercial arbitrations, the domestic judicial tools to compel
parties to arbitrate commercial disputes rather than proceed in domestic courts, and the
enforcement of international commercial arbitration awards in domestic courts.
Credits: 06 Trimester XIII L–T–P: 4-2–2
Module Content Teaching

No. Hours
Introduction to International Commercial Arbitration: Dispute
resolution in international trade; Concept and nature of arbitration; Types
of arbitration.
Evolution and Basic features of International Commercial arbitration at the

international level: The history leading to the New York Convention, 1958;
The UNCITRAL Model Law, 1958 on International Commercial
Arbitration; and ICC Rules.
I Evolution and Basic features of Commercial arbitration under Indian 30
Arbitration and conciliation Act 1996.
Defining characteristics of international commercial arbitration:

Arbitration agreement - Seat of arbitration - Party autonomy and the limits
on it; Confidentiality of the arbitration – distinction from privacy.
Arbitration Agreement: Definition and Requirements of a valid arbitrations

agreement; Doctrine of separability; Autonomy of an arbitration agreement;
Indian position on autonomy of arbitration agreement.
II Jurisdiction of Arbitral Tribunal: Kompetenz -Kompetenz (or) 30
competence-competence?; Party autonomy; Arbitration rules - Choice of
arbitration rules/expedited arbitration rules; UNCITRAL Model law on
jurisdiction.
Appointment of arbitrators: Independence and impartiality of the tribunal;

Powers and duties of international arbitrators; Removal of arbitrators.
Arbitral Awards; NY Convention – foreign awards - non-domestic

awards; types of award: Final awards - Partial awards - Interim or
provisional awards, orders or measures - Consent awards - Default awards;
Challenges to Recognition and Enforcement of the Award; Indian law-
scope and applicability; General policy for review foreign award in India;
Grounds for refusal of recognition and enforcement of a foreign award in
India
LEARNING OUTCOMES:
CO 1- To have detailed knowledge and understanding of the theoretical basis of international commercial
arbitration
CO 2- To have detailed understanding of the role and function of arbitrators and institutions in international
commercial arbitration
CO3- To have detailed understanding of the workings of international commercial arbitration
CO4- Be able to determine and apply arbitral principles, laws and rules to factual scenarios
TEXT BOOKS:
 Law relating to Arbitration and conciliation Dr.P.C.Markanda ,Naresh Markanda ,Rajesh Markanda
Lexis Nexis 10th edition 2020
 A.K Bansal, Law of International Commercial Arbitration ( Universal Law Publishing, 2003)
REFERENCE BOOKS:
1. International Commercial Arbitration Gary Born Kluwer Law International 2009
2. Healthy Award Challenging in International Commercial Arbitration by Christopher Leibscher
3. Fouchard,Gaillard Goldman on International Commercial Arbitration-Fouchard, Gaillard, Emanuel Kluwer

Law International
4. International Commercial arbitration and conciliation in UNCITRAL Model Law Jurisdictions by Binder
Peter Sweet and Maxwell 2010
5 Bias challenges in international Commercial Arbitration –the need for‘ a real danger test’ Lutterell Sam
Aspen publishers 2009
6. Recognition and enforcement of foreign arbitral awards –a global commentary of New York Convention by
kronke Herbert Aspen publishers 2010
Similarities between Mediation and Conciliation

Both mediation and conciliation are Alternative Dispute Resolutions
(ADR’s). ADR’s deal with disputes out of the courtroom in order to settle
disputes in a private, faster, and cost-effective way. Mediation and
Conciliation are closely related to such an extent that they are often used
synonymously, but are different and governed by different acts.
Mediation and conciliation both make use of a facilitator to help with the
process of resolving a dispute and building positive relationships between
the parties. The aim is to find a solution to the dispute in a peaceful
manner. Both processes are non-judicial and are the disputes, therefore,
solved out of court. Both follow a process where the parties do not compete
against each other but work together to find a solution. They are both
voluntary alternatives to adjudicate legal disputes.
Differences between Mediation and Conciliation:

As can be seen above mediation and conciliation are similar in many
aspects, and it is understandable that they are used synonymously. Yet they
must be distinguished. So what are the main differences between the two
Alternative Dispute Resolutions?
1. In mediation, the facilitator should be impartial and objective to the
parties’ dispute, while with conciliation the facilitator plays a more
active role.
2. In mediation, the parties are encouraged to find a solution, with the
facilitator only acting as a guide. While with conciliation the
facilitator has the responsibility to identify the objectives of the
parties and actively help find a solution.
3. Within mediation, the facilitator does not give any judgement. With
conciliation, the facilitator also plays the role of evaluator and
intervener that base the solution on what is deemed the most
beneficial solution according to the facilitator.
4. It is not necessary to find a resolution when it comes to mediation,
but the aim is an agreement. With conciliation, a resolution is a
necessary outcome and is executable as a decree of the civil court.
5. Mediation is governed by the Code of Civil Procedure Act, 1908.
Conciliation is governed by the Arbitration and Conciliation Act,
1996.
6. Confidentiality plays an important part in both processes, however,
they are enforced differently. Within mediation confidentiality is
based on trust, and is it advised for all parties to sign a
Confidentiality Clause for extra measure. Confidentiality in
conciliation is determined by the law.
7. Mediation intervenes when a substantial conflict or dispute have
arisen that needs professional intervention. Conciliation is used
preventively and aims to stop a dispute to developing into something
substantial.

International Commercial Arbitration - Syllabus & Notes

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Credits: 06 Trimester XIII L–T–P: 4-2–2

Module Content Teaching

Evolution and Basic features of International Commercial arbitration at the

Defining characteristics of international commercial arbitration:

Arbitration Agreement: Definition and Requirements of a valid arbitrations

Appointment of arbitrators: Independence and impartiality of the tribunal;

Arbitral Awards; NY Convention – foreign awards - non-domestic

1. International Commercial Arbitration Gary Born Kluwer Law International 2009

2. Healthy Award Challenging in International Commercial Arbitration by Christopher Leibscher

3. Fouchard,Gaillard Goldman on International Commercial Arbitration-Fouchard, Gaillard, Emanuel Kluwer

Similarities between Mediation and Conciliation

Differences between Mediation and Conciliation:

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