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BA5064

Contracts and Arbitration

HBS > Sectoral Specializations > Contracts and Arbitration
Course ID
BA5064
Level
Post Graduation
Semester
Semester III

OBJECTIVES:
• To create awareness on contracts for construction industry, impart knowledge on tender preparation, tendering process, laws on arbitration, arbitration procedure and laws on dispute resolution in India.

UNIT I INTRODUCTION TO CONTRACTS IN CONSTRUCTION INDUSTRY
Brief details of engineering contracts -Definition, types and essentials of contracts and clauses for contracts – Preparation of tender documents and contract documents – Issues related to tendering process- Awarding contract, e-tendering process – Time of performance – Provisions of contract law – Breach of contract – Performance of contracts – Discharge of a contract- Indian contract Act 1872 – Extracts and variations in engineering contracts – Risk management in contracts.

UNIT II LAWS RELATED TO CONSTRUCTION INDUSTRY
Labor and industrial laws – Payment of wages act, contract labor – Workmen’s compensation act – Insurance, industrial dispute act- Role of RERA

UNIT III ARBITRATION OF ENGINEERING CONTRACTS
Background of Arbitration in India – Indian Arbitration Act 1937 – UNCITRAL model law -Forms of arbitration – Arbitration agreement – Commencement of arbitral proceedings – Constitution of arbitral tribunal – Institutional procedure of arbitration -Impartiality and independence of arbitrators jurisdiction of arbitral tribunal – Interim measures – Enforcement of awards.

UNIT IV NEGOTIATION, MEDIATION AND CONCILIATION
Concepts and purpose – Statutory back ground ADR and mediation rules – Duty of mediator and disclose facts – Power of court in mediation.

UNIT V ALTERNATE DISPUTE RESOLUTION
Structure of Indian Judicial – The arbitration and reconciliation ordinance 1996 -Dispute resolution mechanism under the Indian judicial system – Litigation in Indian courts – Case studies.

TOTAL: 45 PERIODS

OUTCOMES:
On successful completion of the course, students will be able to
• understand the laws on contracts for construction industry in india
• apply knowledge of contracts in preparation of contract document and tendering process
• apply appropriate methods to assess the critical factors in contracts leading to arbitration and disputes between the parties
• suggest suitable type of arbitration or dispute resolution for the situation of problem

REFERENCES:

  1. American Arbitration Association, “Construction industry arbitration rules andmediation procedures”, 2007
  2. Case study of Southern Railway Arbitration Caseswiki.iricen.gov.in/doku/lib/exe/fetch.php
  3. Collex.K, “Managing Construction Contracts”, Reston publishing company, Virginia,1982
  4. Eastern Book Company “Arbitration and Conciliation Act 1996”, June 2008
  5. International Federation of Consulting Engineers (FIDIC) documents, Geneva,2009 (http://www.fidic.org)
  6. Gajaria. G.T., “ Laws relating to building and Engineer’s Contracts”, M.M. TripathiPvt Ltd., Mumbai, 1985
  7. Horgon.M.O and Roulstion F.R., “Project Control of Engineering Contracts” E andFN, SPON, Norway, 1988
  8. Krishna Sharma, Momota Oinam and Angshuman Kaushik, “Development andPractice of Arbitration in India- Has it evolved as an effective legal Institution”,CDDRL, Stanford, 103, Oct 2009
  9. Park.W.B., “Construction Bidding for Projects”, John Wiley, Norway, 1978
  10. Roshan Namavati, “Professional Practice”, Anuphai Publications, Lakhani BookDepot, 2013
  11. Vasavada.B.J. “Engineering Contracts and Arbitration” , March 1996