Arbitration & Mediation (ADR) Course Preview
Your first step toward mastering arbitration, mediation, and alternative dispute resolution skills.
Skills you'll learn
This course is developed with lot of thoughts, which will help learners jumpstart their careers as ADR professionals. This is not your run of mill course. This course on ADR will make you industry ready. The USP of this course is explaining each segment with a real life situation.
Dr Charu Mathur, Instructor, EBC Learning & AOR, Supreme Court
This course provides a practical understanding of arbitration in India, covering key issues under the evolving Arbitration and Conciliation Act, 1996. It prepares students for real-world practice, helping them identify key arbitration issues and procedural requirements. Graduates will be more employable, with valuable skills for law firms or companies, making their transition into the profession smoother.
Prithwish Roy Chowdhury, Advocate, Calcutta High Court
This course is unique. The topics that I had been asked to teach were mainly practise oriented and the course problems were designed to give students an almost true-to-life experience of the legal challenges that corporate law practitioners can expect to face.
Nilanjan Sen, Senior Partner, Seven Seas Partners LLP
The programme's interactive and contemporary nature ensured that instructors were up to speed with current developments – both in the regulatory and market spaces. The dynamism and enthusiasm of the audience added to the joy of learning!
Ketan Mukhija, Partner, Dentons LinkLegal
The programme is praiseworthy for its comprehensiveness and innovation. The variety of experts invited to teach made this course useful for a broad range of professionals.
Animesh Sinha, Partner, Animesh Sinha & Partners
The programme is comprehensive in that it covers both the theoretical and practical aspects of corporate law. The focus on training those taking the course on corporate law-in-practice is clearly shown by its modules on contract drafting.
Badrinath Srinivasan, Senior Manager (Legal), Directorate General of Hydrocarbons under MOPNG
EBC has done a commendable job of ticking all the right boxes by designing such an exhaustive course that touches upon all the essentials that a corporate professional in the present day needs to be aware of.
Victor Nayak, Assistant Professor of Law, University of Engineering and ManagementThe Arbitration & Mediation (ADR) Course Preview provides an exclusive introduction to the 6-Month Advanced Diploma in ADR, designed for aspiring arbitration and mediation professionals. This course offers a foundational understanding of Alternative Dispute Resolution (ADR) practices, blending legal theory with practical application.
Participants gain access to curated excerpts from comprehensive course materials, landmark judgments, and case studies through EBC Reader and SCC Online. The course covers essential topics such as the basics of arbitration, judicial intervention, choosing the right ADR method, and understanding seat and jurisdiction through landmark cases. Dive into mediation with guided exercises and discover its features and relevance.
The course preview also includes live class recordings, hands-on exercises, and discussion forums, providing a unique opportunity to explore ADR in action.
- Preview Course
- 📕 Introduction
- 📋 Welcome
- 📋 Study in Print or Electronic Format, or Both
- 📋 How the programme is organised and what we teach?
- Course 1: Groundwork for Arbitration: Pre-Arbitration Practical Aspects
- 📕 How and what will you learn in this course?
- 📋 Scenario-based learning method
- 📋 What will you learn in this preview course?
- 📕 Introduction to Arbitration, Mediation, and Conciliation
- 📋 Central Storyline
- 📋 Options available for dispute resolution
- 📋 Advantages and Disadvantages of ADR
- ▸ What is arbitration?
- ▸ What is Mediation?
- 📋 What is Conciliation?
- 📋 Why Arbitration over Mediation and Conciliation?
- ▸ Choosing between arbitration & expert determine
- ▸ Deciding if the disputes can be referred to arbitration
- ▸ Referring particular disputes to arbitration
- ☆ Feedback
- 📕 Bare Acts, Law Commission Reports, and Reading
- 📋 Scenario — The Arbitration and Conciliation Act, 1996
- 📚 Readings
- 📕 Definitions
- 📋 Why definitions are important?
- 📋 Bare Act — S.2(1) of the Arbitration and Conciliation Act, 1996
- 📋 Arbitration S.2(1)(a)
- 📋 Arbitration Agreement S.2(1)(b)
- 📋 Arbitral Award S.2(1)(c)
- 📋 Arbitral Institution S.2(1)(ca)
- 📋 Arbitral Tribunal S.2(1)(d)
- 📋 Court S.2(1)(e)
- 📋 International Commercial Arbitration S.2(1)(f)
- 📋 Legal Representative S.2(1)(g)
- 📋 Party S.2(1)(h)
- 📋 Prescribed S.2(1)(i)
- 📋 Regulations S.2(1)(j)
- 📋 Further Clarifications and Interpretations
- 📕 Judicial Intervention
- 📋 Scenario — Limits of Intervention by Courts
- 📋 Bare Act — S.5 of the Arbitration and Conciliation Act, 1996
- ▸ Limiting the need for judicial intervention
- 📋 Text Materials — Limiting the need for Judicial Intervention
- 𝍭 Cases
- 📚 Materials
- 📕 Exercises
- ✍️ Scenario — Exercise
- ✅ Scenario — Solution
- ✍️ Scenario-based MCQs
- Course 2: Navigating Arbitration Proceedings
- 📕 Arbitration Process
- Introduction
- 📋 Introduction to Arbitration Agreements
- 📋 Bare Act
- 📋 Core Elements of Section 7
- ▸ Understanding the concept of an arbitration agreement
- ▸ Negotiating an arbitration agreement
- ▸ Drafting an arbitration agreement
- ▸ Paying stamp duty and registration
- ▸ Enforcing an arbitration agreement
- ▸ Doctrine of severability
- ✍️ Exercises
- 📋 Key Aspects of an Arbitration Agreement
- 📋 Dispute Resolution and Arbitration Clause Variations
- 📋 Strategic Elements in Arbitration Clauses
- 📋 Who Should Be Appointed as an Arbitrator?
- 📋 Arbitration by Reference
- 📋 Severability of Arbitration Clause from the Main Contract: Practical Implications
- 📋 Institutional Arbitration Clauses
- 📋 Costs and Impact of 2015 & 2019 Amendments
- 📋 Question and answers
- 📋 Scenarios - Problem Solving
- 𝍭 Cases and assignments
- 📋 Further Readings
- ☆ Feedback
- 📕 When Courts can direct parties to arbitrate
- 📋 Introduction
- 📋 Bare Act
- 📋 Key Components of Section 8
- 📋 Key Considerations & Practical Implications
- 📋 Procedure for Application under Section 8
- 📋 Key Amendments to Section 8
- ▸ Objecting to a suit filed in the civil court
- 📋 Exercise – draft an application under section 8 of the arbitration and conciliation act, 1996
- 📋 Court’s refusal to enforce the arbitration agreement
- 📋 Applying for anti-arbitration injunctions
- 📋 Judicial intervention through Writ petitions?
- 📕 Can the Arbitral Tribunal rule on its own jurisdiction ?
- 📋 Scenario – Key Definitions
- 📋 Bare Act — S.16 of the Arbitration and Conciliation Act, 1996.
- 📋 Applying to arbitral tribunal to determine its jurisdiction or competence
- 📋 Text and Cases - Understanding Definitions and their implications
- 📋 Scenario — Proceedings
- 📋 Scenario – Exercise 1
- 📋 Scenario – Exercise 2
- 📋 FAQs and Answers
- Course 3: Practical Outcomes of Arbitration and Way Forward
- Course 4: International Commercial Arbitration
- Course 5: Mediation and Practical Aspects and Training to Be Mediator
- Course 6: Negotiation and Conciliation
Instructors
Mallika Taly
Advocate, Bombay High Court
Mallika Taly is an advocate practising in the Bombay High Court for almost a decade. She is a litigator and is frequently involved in arbitration matters. She is also a law academician and has published various books on arbitration with Eastern Book Company.
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