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Arbitration Law Preparation Strategy and Study Plan, Important Topics, Exam Pattern, and Syllabus

Arbitration Law Preparation Strategy and Study Plan for CLAT PG 2025: Arbitration Law as a career option for the CLAT PG (Common Law Admission Test Post Graduate) is quite challenging and requires rigorous hard work.
authorImageSwati Kumar30 May, 2024
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Arbitration Law Preparation Strategy and Study Plan, Important Topics, Exam Pattern, and Syllabus

Arbitration Law Preparation Strategy and Study Plan for CLAT PG 2025: Arbitration Law in India deals with resolving disputes between two parties with the help of an arbitrator outside the court. It is a legal technique, in which the respective parties refer to another person, known as arbitrator, to resolve the dispute. His decision is final and the disputed parties have to comply with it. The Arbitration Law Preparation Strategy and Study Plan for CLAT PG 2025 will entail all the important topics regarding arbitration law in India.

Arbitration Law Preparation Strategy and Study Plan for CLAT PG 2025, Understanding Arbitration Law

Before planning out the strategies for the Arbitration Law Preparation Strategy and Study Plan for CLAT PG 2025, let's take a brief look at the concepts of Arbitration Law in India.

Nature of Arbitration Law

Arbitration Law is considered a non-confrontational, and private form of dispute resolution. The disputed parties prefer arbitration over court trials. They consult an arbitrator to resolve their disputes outside the court, efficiently, and swiftly.

Coverage of Arbitration Law

Arbitration Law includes the following important matters.
  • Arbitration Agreements: For the Arbitration Law Preparation Strategy and Study Plan for CLAT PG 2025, it is of utmost importance to understand its foundation and application. According to the Arbitration Agreements the disputed parties consent to resolve any forthcoming disputes through arbitration.
  • Appointment and Duties of Arbitrator: The appointment, duties, and the extent of an arbitrator’s authority are defined under Arbitration Law. It is beneficial to know the nitty-gritty of an arbitrator during the preparation stage.
  • Arbitral Proceedings: For the Arbitration Law Preparation Strategy and Study Plan for CLAT PG 2025, it is recommended to follow the proceeding of arbitration from start to end.
  • Enforcement of Arbitral Awards: It includes how efficiently and effectively the decision or award is given by the arbitrator. As a future arbitration lawyer, you must understand how these awards become legally binding and enforceable.

Arbitration Law Preparation Strategy and Study Plan for CLAT PG 2025, Exam Pattern

CLAT PG 2025 examination paper consists of 120 questions of 1 mark each. The table provides the details regarding the exam pattern of the Arbitration Law Preparation Strategy and Study Plan for CLAT PG 2025.
Arbitration Law Preparation Strategy and Study Plan for CLAT PG 2025, Exam Pattern
Particulars Details
Total Questions in CLAT Exam 120 questions
Marks allotted 1 mark for each question
Question Type Objective
Important Topics Constitutional Law, Jurisprudence, and other law subjects

Arbitration Law Preparation Strategy and Study Plan for CLAT PG 2025, Important Topics

The syllabus for the Arbitration Law Preparation Strategy and Study Plan for CLAT PG 2025 consists of topics related to Constitutional Law, Jurisprudence, and other law subjects. The table provides the important topics asked in the exam.
Arbitration Law Preparation Strategy and Study Plan for CLAT PG 2025, Important Topics
Topics Syllabus
Section 89 of CPC
  • Counseling
  • Conciliation
  • Arbitration
  • Meditation
  • Negotiation
Section 2 (1)
  • Ad hoc
  • Constitution
  • Contractual
  • Statutory
  • Domestic
  • International
  • Foreign
Conciliation and Arbitration Act 1966
  • Foreign Awards, 1962
  • Arbitration Act, 1937
  • Arbitration Act, 1940
Other Arbitration Laws
  • Conjugal Matter
  • Revenue Matter
  • Criminal Matter
  • Determination of Guardianship
  • Issues related to the company
  • Finality of Arbitration
  • Jurisdiction of Arbitration Tribunal
  • Arbitration Tribunal
  • Grounds of Arbitration Tribunal
  • Arbitration Awards
Section 2 (1)b
  • Writing
  • Agreement between parties
  • Parties between Ad-idem
  • Intention of parties

Arbitration Law Preparation Strategy

Candidates can follow the given pointers in their Arbitration Law Preparation Strategy.
Arbitration Law Preparation Strategy
Preparation Strategy Explanation
Comprehend Principles and Concepts
  • Instead of only memorizing the principles and concepts of arbitration law, try to understand the basics of it.
  • Start your preparation with the Arbitration and Conciliation Act, of 1996. This is the foundation of arbitration law in India. Do a detailed analysis of its provisions and basics.
  • Read related case laws. They will enrich your knowledge and simultaneously teach you the practical implementation of provisions and principles.
Reference Books
  • Selecting the right study material is the crux of any preparation. Some of the recommended books for the Arbitration Law Preparation Strategy are given below.
  • “Law of Arbitration and Conciliation” by “Avtar Singh”. It provides extensive information related to arbitration law.
  • “O.P. Tiwari on Arbitration and Conciliation”. For subject-related matter, this is the right source.
Practice Questions and Understand the Pattern
  • Solve previous years’ question papers regularly. This will help you in your preparation strategy. You will get accustomed to the exam pattern, difficulty level, and types of questions asked.
  • Most importantly, attempt mock tests. It will boost your confidence and increase your speed and accuracy in the real exam.
Time-management
  • By giving mocks and solving previous years question papers, focus on how much time you are giving on a particular question.
  • Manage your time according to the topics.

CLAT PG 2025 Study Plan, Analysis, and Categorization

Candidates must segregate their months according to the topics and sections. This helps in the better execution of strategies for the exam.
CLAT PG 2025 Study Plan, Analysis, and Categorization
Study Plan Explanation
Months 1-3: Grasping the basics of Arbitration Law
  • First three months, concentrate on mastering the rudiments of arbitration law. You can refer to the books and online courses available.
  • Study real-life case scenarios that will familiarize you with the practical outcome of arbitration law.
  • Jot down important points or unique cases. Self made notes are beneficial for the Arbitration Law Preparation Strategy and Study Plan for CLAT PG 2025.
Months 4-6: Attempt Mocks and Self-Analyze
  • After strategizing and learning the basics, start attempting mock tests. Analyze your marks and focus on topics where you are scoring less.
  • Solve previous years’ question papers for thorough practice. This will boost your confidence during the actual exam.
Months 7-8: Review and Practice
  • During this time, allot more time in revision of the concepts and principles of arbitration law.
  • Attempt as many mock tests as you can to increase your speed and accuracy.
Months 10-12: Revision of Current Affairs
  • This is the last leg of your preparation. Focus on revision.
  • Read current affairs related to arbitration law in India. Encapsulate the anecdotes of the current affairs in your answers to make it more accurate.

Important Arbitration Law Judgments for CLAT PG 2025

There are some important arbitration law judgments for CLAT PF 2025. These are explained in detail.
Important Arbitration Law Judgments for CLAT PG 2025
Arbitration Law Judgements Issues Judgements Provisions Involved
Bharat Aluminum Co vs Kaiser Aluminum Technical Service (2012) The main issue revolved around the jurisdiction of Indian Courts over arbitration proceedings and awards in agreements that chose foreign seat of arbitration. According to Part I of the Arbitration and Conciliation Act, the Supreme Court stated that the provisions for the conduct of arbitration and challenging of awards, would only apply to arbitration that provide their seat in India. In effect, Indian courts would not have jurisdiction over foreign-seated arbitration. The provisions involved were Section 2(2), 9, 34, and 37 of the Arbitration and Conciliation Act, 1996.
Amlegals vs Raahi Automation Solutions Pvt. LTD. (2021) The parties could still refer their disputes to arbitration in the absence of the arbitration clause. The Gujarat High Court gave reference to arbitration, despite the absence of an arbitration clause between the parties. The Court stated that the decision was based on the correspondence between the parties, which clearly showed their intent to arbitrate their disputes. The important provision involved was Section 7 of the Arbitration and Conciliation Act, 1996, which defines the “Arbitration Agreement”.
M/s N.N. Global Mercantile Pvt. Ltd. vs M/s Indo Unique Flame Ltd. and others It involved knowing whether a contract of guarantee would be classified as an agreement providing for arbitration. According to the Supreme Court, a bank guarantee, independent of its underlying contract, cannot be considered as an agreement under Section 7 of the Arbitration and Conciliation Act. Thereby, any dispute arising out of such a guarantee cannot be categorized as arbitration. The involved provision was an interpretation of Section 7 of the Arbitration and Conciliation Act, 1996, which defines the “Arbitration Agreement”.
In the end Arbitration Law Preparation Strategy and Study Plan for CLAT PG 2025, requires hard work and perseverance. Familiarize yourself with the concepts and principles of the Arbitration Law in India. Customize your preparation strategy around it. You may consult the resources available offline and online for it. Plan your schedule step by step to gain success in the CLAT PG 2025.

Arbitration Law Preparation Strategy and Study Plan for CLAT PG 2025 FAQs

What is the time limit for arbitration?

The time limit for arbitration under Section 34 of the Arbitration Act is 30 days from the prescribed period of 90 days by any court.

What is the validity of an arbitration agreement?

An arbitration agreement's validity must be examined under the Arbitration Act alone. The courts state that the arbitration agreement is separate from the contract.

What cases can not be decided by arbitration?

Some of the cases that cannot be decided by arbitration are criminal offenses, matrimonial disputes, trust disputes, insolvency petitions, and guardianship matters.

How is an arbitrator appointed?

The first party to appoint an arbitrator proposes a candidate to serve as President of the Tribunal. The other party then appoints an arbitrator and either agrees to the appointment of the arbitrator proposed for President or proposes another candidate.

What is the time limit for an arbitration appeal?

Under Section 34(3) of the Arbitration and Conciliation Act, 1996, the time limit for an arbitration appeal is 90 days.
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