KSLU ADR Topper Notes
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renuka.sharma.mandaKSLU ADR Topper Notes
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renuka.sharma.mandaKSLU ADR – Complete Topper Notes
Alternative Dispute Resolution (ADR) Comprehensive Exam Notes for Karnataka State Law University
(KSLU). Includes concepts, structured answers, diagrams, and important case laws.
UNIT 1: INTRODUCTION TO ADR
ADR refers to methods of resolving disputes outside traditional court litigation. It aims to provide fas
Need for ADR:
• Increasing backlog of cases in courts
• High cost of litigation
• Complex procedural rules
• Need for speedy justice
• Preservation of relationships between parties
Advantages:
• Speedy disposal
• Informal procedure
• Confidentiality
• Party autonomy
• Reduced court burden
Disadvantages:
• Limited appeal
• Possible power imbalance
• Lack of strict procedural safeguards
• Sometimes less transparency
UNIT 2: EVOLUTION AND HISTORY OF ADR
Ancient India:
Village Panchayats resolved disputes through community elders.
British Period:
Formal arbitration laws began to develop in commercial disputes.
Modern Development:
Arbitration Act 1940 replaced earlier colonial laws but had procedural issues.
Major Reform:
Arbitration and Conciliation Act 1996 introduced modern arbitration system based on UNCITRAL Model Law.
Judicial Support:
Courts actively promote ADR through Section 89 of Civil Procedure Code.
UNIT 3: ARBITRATION
Arbitration is the most formal ADR method where disputes are referred to arbitrators whose decision (awa
Essential Elements:
• Arbitration agreement
• Neutral arbitrator
• Fair hearing
• Binding award
Types:
• Domestic arbitration
• International commercial arbitration
• Institutional arbitration
• Ad■hoc arbitration
Appointment of Arbitrators:
• Appointment by parties
• Appointment by agreed procedure
• Appointment by court if parties fail
Qualifications:
• Independence
• Impartiality
• Expertise in subject matter
• Disclosure of conflict of interest
UNIT 4: MEDIATION
Mediation is a voluntary process in which a neutral mediator helps parties negotiate and reach mutually
Features:
• Voluntary participation
• Confidential discussions
• Flexible procedure
• Mediator facilitates communication
Advantages:
• Preserves relationships
• Quick resolution
• Cost effective
• High settlement rate
UNIT 5: CONCILIATION
Conciliation is similar to mediation but the conciliator may actively propose settlement terms.
Procedure:
1. Request for conciliation
2. Appointment of conciliator
3. Submission of statements
4. Negotiation process
5. Settlement agreement
The settlement agreement has the same status as an arbitral award.
UNIT 6: LOK ADALAT
Lok Adalat provides quick settlement of disputes through compromise and conciliation.
Features:
• No court fees
• Informal procedure
• Binding award
• Award treated as decree of civil court
Types:
• National Lok Adalat
• Permanent Lok Adalat
• Mobile Lok Adalat
Permanent Lok Adalat deals with disputes relating to public utility services.
UNIT 7: SECTION 89 CPC AND ADR
Section 89 of Civil Procedure Code allows courts to refer disputes to ADR mechanisms.
Methods under Section 89:
• Arbitration
• Conciliation
• Mediation
• Lok Adalat
Purpose:
• Reduce court backlog
• Encourage amicable settlement
• Provide speedy justice
ADR Structure Diagram
ADR SYSTEM OVERVIEW
DISPUTE
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COURT ADR
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Arbitration Mediation Conciliation Lok Adalat
20 Important Case Laws for ADR Exams
IMPORTANT ADR CASE LAWS
1. Salem Advocate Bar Association v. Union of India (2003)
2. Salem Advocate Bar Association v. Union of India (2005)
3. Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (2010)
4. SBP & Co. v. Patel Engineering Ltd. (2005)
5. TRF Ltd. v. Energo Engineering Projects Ltd. (2017)
6. Perkins Eastman Architects DPC v. HSCC (India) Ltd. (2019)
7. Datar Switchgears Ltd. v. Tata Finance Ltd. (2000)
8. K.K. Modi v. K.N. Modi (1998)
9. State of Punjab v. Jalour Singh (2008)
10. Haresh Dayaram Thakur v. State of Maharashtra (2000)
11. Voestalpine Schienen GmbH v. DMRC (2017)
12. Bar Council of India v. Union of India (2012)
13. Booz Allen & Hamilton v. SBI Home Finance (2011)
14. ONGC v. Saw Pipes Ltd. (2003)
15. McDermott International Inc. v. Burn Standard Co. Ltd. (2006)
16. Centrotrade Minerals v. Hindustan Copper (2017)
17. Chloro Controls India v. Severn Trent Water (2013)
18. BALCO v. Kaiser Aluminium (2012)
19. Narayan Prasad Lohia v. Nikunj Kumar Lohia (2002)
20. Vidya Drolia v. Durga Trading Corporation (2020)