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CEC

Private International Law and Alternative Dispute Resolution : Indian Legal Position

CEC and English and Foreign Languages University via Swayam

Overview

Overview of the Course:

The Course is designed to give an outline of the Private International Law or the Conflict of Law and its application. It covers various principles of international law and the relevant conventions, treaties and international organisations. It helps the students learn the significance of private international law in disputes involving a foreign element and also understand the role of National Courts in its implementation. Further, the course provides an outline of Alternative Dispute Resolution mechanism with emphasis on the Indian Laws, and highlights its suitability compared to the Judicial System. The Arbitration as a method of dispute resolution is discussed in detail in both domestic and international contexts, with reference to established case laws.

Need for the Course:

Occasionally, courts may be called upon to decide a dispute that has a foreign character to it, owing to the fact that either of its parties may not be a citizen or domiciled locally, or one or other elements of the case in question is connected with another country and another legal system. For instance, an Indian domiciled abroad may have obtained a divorce in a foreign land for a marriage solemnised in India relying on the foreign legal system, and the Indian court may be approached to decide the issue of property in dispute between the divorced parties. Similarly, the Indian courts could be faced with a question to decide succession of a non-national with immovable and movable property situated in India. Private International Law addresses these questions through identifying the jurisdiction of the courts to handle the disputes, application of the choice of law of the parties, recognising and enforcing foreign judgements. Further, the Alternative Dispute Resolution (ADR) mechanism provides a framework of private, informal dispute resolution processes wherein the parties may resolve their disputes out of the court system. The ADR methods have gained much prominence both at domestic and international levels owing to the shortcomings of the judicial system and also their inherent advantages. There is an imminent need to have a fair knowledge about Negotiation, Mediation, Arbitration methods, to keep pace with the changing dynamics of the dispute resolution arena. Hence, this Course would be useful to all students of Law, Management, Commerce, International Relations; Advocates; Mediators; Arbitrators; Legal and Managerial Professionals; and provides knowledge to effectively resolve the disputes at national and international levels.

Objectives of the Course:

  • To understand the positioning of Private International Law within the global knowledge of the discipline of law
  • To identify and understand the fundamental precepts and trace the development of Private International Law
  • To appreciate the value and requirement for Private International Law and Alternative Dispute Resolution in the current global scenario, especially in the trans-national relationships, commercial and family law-related.
  • To study the principles relating to determination of Jurisdiction, Choice of Law, Recognition and Enforcement of foreign judgements in a cross-border dispute.
  • To study the international instruments governing the framework of Private International Law.
  • To understand the role of National Courts in the application and implementation of the principles of Private International Law.
  • To explain the importance of Alternative Dispute Resolution in supplementing the Judicial Dispute Resolution mechanism and provide a Multi-Door Dispute Resolution System.
  • To study the different methods of Alternative Dispute Resolution, particularly Negotiation, Mediation/Conciliation, Arbitration and Lok Adalat with emphasis on Indian Laws.
  • To understand the process of Court-Referred ADR in India.
  • To understand the process of Arbitration and identify its significance with respect to domestic and international disputes.
  • To explain the concept of International Commercial Arbitration and the framework of recognition and enforcement of foreign arbitral awards

MOOC TEAM

Course Coordinator

Prof. (Dr.) G.B. Reddy
Professor of Law, University College of Law, Osmania University, Hyderabad.
Subject Experts and Presenters

Prof. (Dr.) G.B. Reddy
Professor of Law, University College of Law, Osmania University, Hyderabad.

Dr. Sai Ramani Garimella
Assistant Professor, Faculty of Legal Studies, South Asian University, New Delhi.

Dr. S. B. Md. Irfan Ali Abbas
Advocate and Part-Time Faculty, University College of Law, Osmania University, Hyderabad.
Teaching Assistant

Dr. S. B. Md. Irfan Ali Abbas
Advocate and Part-Time Faculty, University College of Law, Osmania University, Hyderabad.

Syllabus

COURSE LAYOUT

WEEKLY MODULES/LESSONS

Week 1
  • Law and Dispute Resolution during the Era of LPG- An Introduction
  • Understanding Private International Law
  • Principle of Jurisdiction

Week 2

  • Choice of Law
  • Classification or Characterisation of the Dispute
  • Doctrine of Renvoi

Week 3
  • Domicile – Application and Exclusion of Foreign Law
  • Marriage – Law Governing its Validity
  • Matrimonial Causes

Week 4
  • Law of Succession to Property
  • Rules Governing Commercial Contracts
  • Rules Governing Torts

Week 5
  • Recognition and Enforcement of Foreign Judgments
  • Contribution of International Conventions
  • Introduction to ADR

Week 6
  • Evolution of ADR and its General Framework
  • Negotiation and Mediation
  • Lok Adalat

Week 7
  • Conciliation
  • Introduction to Law of Arbitration in India
  • Recent Developments in Law of Arbitration in India

Week 8
  • Basic concepts under Arbitration and Arbitration Agreement
  • Reference to Arbitration, Appointment, Termination and Substitution of Arbitrator
  • Interim Measures in Arbitration and Jurisdiction of Arbitral Tribunal

Week 9
  • Arbitral Proceedings
  • Arbitral Award
  • Recourse against Arbitral Award and Enforcement of Award

Week 10
  • International Commercial Arbitration in India
  • Recognition and Enforcement of Foreign Award
  • Online Dispute Resolution
  • Resolution of IPR Disputes

Taught by

Prof. (Dr.) G. B. Reddy

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