Private International Law and Alternative Dispute Resolution : Indian Legal Position

By Prof. (Dr.) G. B. Reddy | The English and Foreign Language University (Host University)

Learners enrolled: 1118

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.

Summary

Course Status :	Completed
Course Type :	Core
Duration :	12 weeks
Category :	Law
Credit Points :	3
Level :	Undergraduate
Start Date :	08 Feb 2021
End Date :	30 Apr 2021
Enrollment Ends :	28 Feb 2021
Exam Date :

Page Visits

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 Transfer and 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

Books and references

Abla Mayss, Principles of Conflict of Laws, (2^nd edn, Cavendish Publishing Limited 1996)

Adrian Briggs, The Conflict of Laws, (3^rd edn, Oxford University Press 2013)

Anirban Chakraborty, Law & Practice of Alternative Dispute Resolution in India – A Detailed Analysis (1^st edn, Lexis Nexis, 2016)

Atual M. Setalvad, Setalvad’s Conflict of Laws, (3^rd edn, Lexis Nexis Butterworths, 2014)

Avtar Singh, Law of Arbitration and Conciliation (11^th edn, Eastern Book Company 2018)

Eckart Gottschalk, Ralf Michaels, Giesla Ruhl and Jan Von Hein, Conflict of Laws in a Globalized World, (Cambridge University Press 2007)

F E Noronha, Private International Law in India: Adequacy of Principles in Comparison with Common Law and Civil Law Systems, (Universal Law Publishing 2010)

Garg S, Alternative Dispute Resolution – The Indian Perspective (Oxford University Press 2018)

Gary B. Born, International Arbitration: Cases and Materials (Wolters Kluwer 2015)

Gary B. Born, International Commercial Arbitration (2^nd edn, Wolters Kluwer 2014)

J G Collier, Conflict of Laws, (Cambridge University Press 2003)

J H C Morris, J D McClean and V R Abou-Nigm, The Conflict of Laws, (8^th edn, Sweet & Maxwell 2012)

John O’Brien, Conflict of Laws, (2^nd edn, Cavendish Publishing Limited 1999)

Justice R S Bachawat, Law of Arbitration & Conciliation (6^th edn, Lexis Nexis 2017)

K Lipstein, Principles of the Conflict of Laws: National and International, (Martinus Nijhoff Publishers 1981)

Katsh E, Rabinovich-Einy O, Digital Justice: Technology and the Internet of Disputes (1^st edn, Oxford University Press 2017)

Katsh E, Rifkin J, Online Dispute Resolution: Resolving Conflicts in Cyberspace (1^st edn, Jossey-Bass 2001)

Lea Brilmayer, Jack Goldsmith and Erin O’Hara O’Connor, Conflict of Laws: Cases and Materials, (7^th edn, Wolters Kluwer 2015)

Margaret L. Moses, The Principles and Practice of International Commercial Arbitration (Cambridge University Press 2008)

P C Markanda, Law Relating to Arbitration and Conciliation (10^th edn, Lexis Nexis 2020)

P C Rao and William Sheffield (eds.), Alternative Dispute Resolution: What it is and How it works? (Universal Law Publishing 2015)

Pablo Cortes, The Law of Consumer Redress in an Evolving Digital Market: Upgrading from Alternative to Online Dispute Resolution (Cambridge University Press 2018)

Paras Diwan and Peeyushi Diwan, Private International Law: Indian and English, (4^th edn, Deep and Deep Publications, 1998)

Paul Torremans, Ugljesa Grusic, Christian Heinze et al. (eds.), Cheshire, North & Fawcett: Private International Law, (15^th edn, Oxford University Press 2017)

Pippa Rogerson, Collier’s Conflict of Laws, (4^th edn, Cambridge University Press 2013)

R S Jindal, Aruneshwar Gupta and C S P Sastri, Supreme Court on Arbitration and Contracts (2^nd edn, Universal Law Publishing 2017)

Redfern and Hunter on International Arbitration (6^th edn, Oxford University Press 2015)

Richard Susskind, Online Courts and the Future of Justice (Oxford University Press, 2019)

Rule C, Online Dispute Resolution For Business: B2B, ECommerce, Consumer, Employment, Insurance, and Other Commercial Conflicts (1^st edn, Jossey-Bass 2002)

Sai Ramani Garimella, Private International Law: Conflict of Laws, (2^nd edn, Central Law Publications, 2018)

Sriram Panchu, Mediation: Practice & Law (2^nd edn, Lexis Nexis, 2014)

Wang F, Online Dispute Resolution – Technology, Management and Legal Practice from an International Perspective (1^st edn, Chandos Publishing 2008)

Instructor bio

Prof. (Dr.) G. B. Reddy

The English and Foreign Language University (Host University)

Dr.G.B.Reddy is a lawyer turned academician. Studied B.A. (HPP), LL.B., and LL.M. (Constitutional Law) at Osmania University, and P.G.Diploma in Human Rights from University of Hyderabad. Obtained Ph.D.in Law from Osmania University in 1999 on the topic “Supreme Court and Judicial Activism – Its Contribution in Specific Areas of Constitutional Law after 1980”. His area of specialisation is Constitutional Law in LL.M. and Judicial Activism in Ph.D. He specialised in the area of Intellectual Property as an independent researcher, publisher and teacher. He has secured three Gold Medals in LL.B. and one Gold Medal in LL.M. apart from being the first candidate to have qualified for UGC-JRF in Law from Osmania University in 1993.He practiced in the High Court of Andhra Pradesh for about seven years before joining the Faculty of Law, Osmania University. He authored 20 well received books on law including Women and Law, Intellectual Property Rights and Law, Copyright Law in India, Practical Advocacy of Law, Right to Information and Law and Judicial Activism in India. Two of his books namely Women and Law and Judicial Activism in India, have been reviewed favourably in the Book Review section of the Hindu by Justice V.R.Krishna Iyer. He also published more than 65 articles on law in standard national and international journals. He participated in National and International Seminars, Workshops and Conferences on Law and allied subjects and visited Japan, Malaysia, Singapore, South Korea and Thailand. He has already offered 3 Swayam Courses on Human Rights, International Law and International Humanitarian Law; Intellectual Property Rights and Competition Law; Indian Judicial System: Legal Aid and Environmental Protection, and more than 10000 students have taken the courses. He holds the position of Director University Foreign Relations Office, Osmania University. He was the founder Director of Legal Cell of the University, a member of General Council of NALSAR University of Law, Hyderabad (2011-2014), A.P. State Consumer Protection Council (2010-2013) and Hyderabad District Legal Services Authority by Government of A.P. He is a Life Member of Indian Law Institute & Institute of Constitutional and Parliamentary Studies, New Delhi and American Studies Research Centre, (presently OUCIP). He is a member of Telangana State Legal Services Authority, Chairman, Ethics Committee of CDFD, Hyderabad, Member of Academic Council of NALSAR University. He has also been the Dean, Faculty of Law of Telangana University and Satavahana University, Karimnagar (Since 2016).