IIMA - Course Catalogue
Courses
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Programme
PGP
Term
V
Academic Year
2021-22
Course title
International Business Dispute Resolution
Area
Strategy
Credits
0.50
Instructor(s)
Prof. Anurag K Agarwal
Course Description & Objectives
Introduction:
Enterprises, the world over, now conduct business on a dramatically more international scale, which results in trans-border disputes and conflict of laws. Speedy resolution of business disputes is imperative to prevent diffusion of corporate resources in avoidable litigation, which is notorious globally for costing a lot in terms of both time and money. In certain jurisdictions the situation is reaching a standstill. Business leaders should spend more time on their business rather than in courts of law. It is precisely because of this reason they need to know the methods of Alternative Dispute Resolution (ADR) – arbitration, conciliation, mediation, negotiation and a mix of these. One method of choice for settlement of business disputes is the ‘international commercial arbitration’, which is popular all over the world and has stood the test of the time. It is increasingly used as the method of dispute resolution in almost all the contracts – construction, supply of goods, employer-employee contracts, etc. The course focuses on international commercial arbitration and also covers briefly other methods of ADR.
Objectives:
- Provide an opportunity to business students to have an exposure to the legal aspects of dispute resolution.
- To make the students understand the importance of dispute resolution through alternative methods vis-à- vis litigation.
- Make the students aware of the potency of international commercial arbitration and also the limitations.
Pedagogy
Emphasis shall be on discussion of cases, i.e., judgments delivered by different courts and tribunals. These include the US Supreme Court, the UK Supreme Court, International Chamber of Commerce, Paris, Supreme Court of India, etc. Brief lectures would be delivered to provide an overview and summarise important aspects.