The document discusses several questions related to alternative dispute resolution. It begins by summarizing the key defects in the current system of justice administration in India, including case pendency, lengthy procedures, high costs, and lack of transparency in judicial appointments. It then discusses the meaning of arbitration agreements and the difference between arbitration agreements and arbitration clauses. Finally, it analyzes a hypothetical case study regarding the potential grounds to challenge an arbitral award and arbitrator appointment.

1. ASSIGNMENT SUBMISSION OF ADR
B.A. LL.B(8TH SEM)

2. Que. 1-DEFECTS IN THE PRESENT SYSTEM
OF ADMINISTRATION OF JUSTICE
• Introduction
• Defects in the administration of justice
Pendency of cases
Lengthy procedure
Costly
Lack of transparency in the appointment of
judges.
• Shift towards ADR
• Conclusion

3. There are several defects in the administration of
justice in our country.
• Firstly, as there is a huge shortage of the judges because of which there are
lot of cases pending in the court of law.
• Secondly, the courts have to follow the procedures laid down in CPC and
CrPC which is very lengthy to finish up the cases so when the cases
reaches the court it takes lot of time to solve by the judges as they are also
bound by the procedure laid down in the procedural law.
• Another major defect is that as soon as the case reaches the court it
becomes very costly for the parties because these re several fees which is to
be paid to court as well as the advocates.
• There is also a lack of transparency in the appointment of the judges as
there are many issues in relation to the collegiums system and NJAC has
led to the confusion in the minds of the people.

4. QUES-2 MEANING OF ARBITRATION AGREEMNT AND
DIFFERENCE BETWEEN ARBITRATION AGREEMNT AND
ARBITRATION CLAUSE
• Introduction
• Meaning of arbitration agreement
• Essentials of arbitration agreement
• Difference between arbitration agreement
and arbitration clause
• Conclusion

5. Meaning and difference
• MEANING-
An arbitration agreement is a written contract in which two or more
parties agree to settle a dispute outside the court. The arbitration agreement
can be in the form of an arbitration clause in a contract or in the form of a
separate agreement. It should also be in writing.
• DIFFERENCE-
An arbitration agreement may be concluded as a separate agreement
or as clause with a contract between two parties. Arbitration agreement
concluded within a contract are defines as “arbitration clause”. In practice
almost all arbitration agreement are in the form of arbitration clause.

6. QUES.3 POWERS AND DUTIES OF
CONCILIATION OFFICER
• Introduction
• Number of conciliator(S.63)
• Appointment of conciliator(S.67)
• Powers and duties of conciliation officer(S.67)
• conclusion

7. Powers and duties of conciliation officer
• The conciliation officer shall assist the parties in independent and impartial
manner in their attempt to reach the amicable settlement of their dispute.
• He shall also be guided by the principles of objectivity, fairness and justice
and should also give consideration to other things as necessary in relation
to parties.
• The officer may conduct the conciliation proceedings in such a manner as
he considers appropriate taking into account of the circumstances of the
case, the wishes of the parties may also express, including any request by a
party that the conciliator hear oral statement and also the need for a speedy
settlement of the dispute.
• The conciliation officer at any stage of the conciliation proceedings, make
proposals for a settlement of the dispute such proposal need not be in
writing and also need not be accompanied by a statement of the reasons
thereof.
• He also cannot present himself as the witness in any arbitral or judicial
proceedings.

8. QUES.4 CASE STUDY
• Introduction
• Arbitral award
• Grounds for setting aside the arbitral award
• Grounds for challenging the appointment of
arbitrator.
• Analysis of the question
• Conclusion

9. Case analysis
• In the question the ‘a’ was appointed as the sole
arbitrator by ‘b’ and ‘c’ but during the appointment ‘c’
didn’t knew about the ‘a’ relation with ‘b’. As ‘a’ and
his wife has invested in ‘b’ company.
• So according to S 12(1) the arbitrators are needed to
inform ‘c’ about he same but he didn’t. So ‘a’
immediately stands disqualifies due to interest in the ‘b’
and his company as it questions for impartiality.
• And ‘c’ can file an application for setting aside of the
award as its only been 2 months and the award will be
entirely void as per S.34 as ‘a’ was not validly
appointed

10. QUES-5 SHORT NOTE
(A)FAST TRACK ARBITRATION
(B) DISPUTE RESOLUTION THROUGH LOK ADALAT
(a) FAST TRACK ARBITRATION
• The parties to the arbitration agreement at any stage or before
at the time of appointment of arbitral tribunal agree in writing
to have their dispute to be solved by fast track procedure.
• Both the parties should have agreed to appoint a sole
arbitrator.
• The award to be passed within 6 months from the date arbitral
tribunal enters upon the reference.
• If want the time can be further extended as per section 29A.
• Fees is to be paid as agreed by the arbitrators and parties.

11. • (B)DISPUTE RESOLUTION THROUGH LOK ADALAT
1. Introduction
2. Nature of cases to be referred
3. Types of cases in Lok Adalat
4. Organisation of Lok Adalat
5. Powers and functions of Lok Adalat.
6. conclusion

12. Ques.6 Binding force and enforceability of settlement agreement
voluntarily between the parties to dispute in conciliation or mediation
proceedings.
• Introduction
• Meaning
(a)Mediation
(b)Conciliation
• Essentials
• Enforceability of the settlement agreement
(a)conciliation
(b) mediation
• Conclusion

13. Enforceability of settlement agreement
• Conciliation-
The enforcement of the settlement agreement has the same
status as that of the arbitral award. An arbitral award is final and binding on
the parties and persons claiming under them. The enforceability of the
settlement agreement is dealt under S. 73 , when parties have reached an
amicable solution either by proposal of the conciliator or by initiative of the
parties themselves.
• Mediation-
Under mediation as we know it is considerably flexible in terms
of rules and procedure and conduct of the parties which also tickles down
to the enforcement part of settlement agreement. The agreement reaches by
the parties is a contract enforceable by the law, then if the agreement is
breaches by the party it would have to proceed in the usual process adopted
by breach of contract.

14. QUES-7 DIFFERENCE BETWEEN ARBITRATON
AND MEDIATION
Arbitration Mediation
It is an adversarial in nature. It is collaborative in nature
It consist of formal procedure It consist of informal procedure
Arbitrator act as a judge Mediator act as a facilitator
Arbitrator have the control over the
outcome
Parties have the ocntrol over the
outcomes.
It may consists of one or more arbitrators. It generally consists of only one mediator.
It ends when arbitrator passes the arbitral
award.
It ends when the settlemant reaches to
the parties.

15. QUES-8 ONLINE DISPUTE RESOLUTION
• It is a branch of dispute resolution which uses technology to
facilitate the resolution of dispute between the parties.
• As internet began in existence in 1969, so ODR did not
emerge until the early 1990s. For the first two decade the
internet was used by very limited no. of people as it was
largely used by the US defences department to ensure that its
computer system will remain functional in event of any enemy
attack.
• In the latter part of the 90s some specialized dispute resolution
techniques were created to attend to some online issues like
‘flaming and violation netiquette’. Although it helped in
dealing with the conflicts there were no organized dispute
resolution institutions.

16. • After few years the commercial activities on the internet were
allowed and then the rate of ODR out of the belief that dispute
would increase as online activities grew.
• This belief was true as companies who entered into the
commercial transaction online began having one dispute or the
other..
• The emergence of ODR required urgent attention and as such
academic and no-profit organisation pressed for the use of ODR
to resolve most of these issues.
• Then after starting experimenting the efficacy of resolving
dispute through online means and after few years the ODR
came into existence in all over the world.

17. QUES. 9 DIFFERENCE BETWEEN
INSTITUTIONALAND AD HOC ARBITRATION
• Ad hoc arbitration refers to an arbitration where the procedure
is either agreed upon by the parties or in the absence of any
agreement the procedure is laid down by the arbitral tribunal.
Thus, it is an arbitration agreed to and arranged by the parties
themselves without seeking the help of any arbitration
institution.
• If parties are not able to appoint the arbitrators then the
arbitrators are to be appointed by the high court in case of
domestic arbitration and by the supreme court in case of the
international arbitrations.

18. • In case of institutional arbitration , the arbitration
agreement may stipulate that in case of dispute or
differences arising between the parties they will be
referred to the particular institutions. All these
institutions have framed their own rules of arbitration
which would be appreciable to arbitral proceedings
conducted by these institutions. Indian council of
arbitration is considered as the apex body in
arbitration matters and also have handled the largest
number of international cases in India.

19. Ques.10 Procedure of enforcement and recognition of
international arbitration award referring to the New York
Convention,1958
• Introduction
• Applicability of the convention
• Procedure of enforcement and recognition
• Jurisdiction
• Conclusion

20. Enforcement and recognition of
international arbitration
• As per article III of the convention each contracting state shall recognize arbitral
awards as binding & enforce them in accordance with the rules of procedure of
territory where the award is relied upon under the conditions laid down in the
articles.
• To obtain the recognition and enforcement shall at the time of application, supply
duly authenticated original award or a duly certified copy thereof and also the
original agreement referred to in article II or a duly certified copy thereof.
• If the said award or agreement is not made in a official language of the country in
which the award is relied upon the party applying for recognition shall produce the
translation of these documents into such language. The translation such be certified
by the official.

21. THANK YOU 