TRAINING WORKSHOPON

ADR TEACHING PRACTICE

Presentationby

Maj. Gen. Nilendra Kumar,Director,

Amity Law School, Noida

INTERNSHIP/EXTERNSHIPIN

CLINICAL LEGAL EDUCATIONOBJECTS AND METHOD

OBJECTS

1. To practically explain and upgrade the ADR skills taught earlier in classroom mode.

2. To train the students in arbitration practice.

3. To introduce them to undertake suitable defence of challenges put forth in courts of law to arbitration.

PRIOR KNOWLEDGE

The students would have had the exposure to

classroom teaching earlier i.e. prior to their

deputation to internship/externship.

INTERNSHIPmeans

an opportunity offered by an employer to potential employees called interns, to work

at a firm for a fixed, limited period of time.

Internship offers students a period of practical

experience in the industry relating to their

field of study.

Externships are experimental learning opportunities. These are similar to

internships. However, these are generally offered by professional colleges to give students

short practical experience in their field of

study.

Externships are similar to internships but

shorter in duration. They last for about a few

weeks to months.

Difference between Externship and Internship

is chiefly the duration of training.

Externships typically are unpaid and the student

usually does not get school credit for their

experience.

In the legal profession, the terms internships

and externships are used interchangeably,

regardless of duration, intensify or academic

credit offered.

For internships the students should attend

And observe a session in arbitration. Itcould be by an institutional arbitrator

orby an adhoc one.

The law school would need to take the initiative

and arrange for the acceptance by thearbitrator.

A faculty should be nominated to accompany

the students during externship.

How to go about it

Stage I

Externship

To observe a session or two of actual arbitration

Stage II

Internship

(i) To participate as part of the team of one of the parties.

(ii)To form part of the arbitrator team.

MAJOR INSTITUTIONAL ARBITRATORSINCLUDE

1. Indian Council of Arbitration2. ICC Council of Arbitration3. Nani Palkhivala Arbitration Centre4. Indian Institution of Technical

Arbitrators5. Council for National & International

Commercial Arbitration

A FEW LEADING ARBITRATORS

1. Mr. Fali Nariman2. Mr. S. Ravi Shankar3. Mr. Mukul Rohatgi4. Mr. Ashok Desai5. Mr. Sumeet Kachwaha6. Mr. Harish Salve7. Dr. Abhishek Manu Singhvi8. Ms. Indu Malhotra

WELL KNOWN LAW CORPORATES HANDLING ARBITRATION

1. AZB & Partners2. Mulla & Mulla Craigie Blunt & Caroe3. Karanjawala & Co.4. Amarchand & Mangaldas and Suresh

A. Shroff & Co.5. Singhania & Co.6. Trilegal7. Kanga & Co.

8. Wadia Ghandy & Co.9. J Sagar Associates10.Bhasin & Co.11.Maheshwari & Company12.P.H. Parekh & Co.

ADHOC ARBITRATION

is one which is not administered by an institution, and therefore, the parties are required to determine all aspects of arbitration, like the manner of their arbitration, appointment and

procedure for conducting the arbitration, etc.

ADVANTAGES OF ADHOC ARBITRATION

1. Less expensive2. Better suited for small claims and

less affluent parties3. Flexibility

Types of disputes open to ADR

1. Family disputes2. Industrial disputes3. Commercial disputes4. Government contracts

Government and the public sector is the

biggest litigator.

Hence, the Government as a party to the

disputes offers the biggest scope for practice

(adoption) of ADR.

Types of Government contracts Fixed price contracts Work contracts Cost plus fixed fee contracts Cost re-imbursement contracts Time and material contracts Labour - Hour contracts Sealed negotiated contract bidding Negotiation

At the local level also scope is available for training.

DISTRICT MEDIATION CENTRES

To resolve disputes at pre-litigation stage

NATURE AND SUBJECT MATTER

Land Family disputes Disputes between neighbours Cheque bouncing cases

The Centre in Delhi is run by the Dispute Resolution Society.

Includes Additional District Judge on itsPanel.

CONCLUSION

An exposure to internship/externship would

help students gain useful insight in actual

practice of ADR methods.