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CS Professional · Paper 7.1

CS Professional Arbitration, Mediation and Conciliation Paper Guide

Arbitration, Mediation and Conciliation is Elective 2 (Paper 7.1) of CS Professional. It is a 100-mark, 3-hour written, open book paper: Arbitration and Conciliation carry 70 marks and Mediation 30. You score by stating the provision, applying it to the facts, and reaching a clear conclusion.

This paper tests whether you can handle a dispute-resolution problem from start to finish. It covers the arbitration agreement, appointment of arbitrators, proceedings, awards, challenge and appeal, international commercial arbitration, conciliation, and mediation. Arbitration and Conciliation carry 70 marks. Mediation carries 30.

Questions are written and case-based. You get a set of facts, usually with Indian parties and rupee amounts. You must name the relevant provision, apply it to the facts, and conclude. Some questions also ask you to draft, for example a notice invoking arbitration or a settlement agreement outline. Since the paper is open book, examiners do not reward recall of the bare text. They reward correct application.

Students usually score well when they know the statute well enough to find the right provision in seconds and write a structured answer. Marks are lost by those who rely on the book to think for them, who write general essays on ADR, or who ignore the facts given. The mediation part is smaller but is often easier to score if you prepare it properly, so do not skip it.

Arbitration, Mediation and Conciliation: chapters and topics

Part I: Arbitration and Conciliation

Arbitration: Introduction, Agreements and its Institutions

Part I: Arbitration and Conciliation

Commercial Transactions

Part I: Arbitration and Conciliation

Arbitration Procedure, Appointment of an Arbitrator and Other Aspects

Part I: Arbitration and Conciliation

Arbitral Proceedings, Pleadings and Evidence

Part I: Arbitration and Conciliation

Preparation and Execution of Arbitral Award

Part I: Arbitration and Conciliation

Challenge to Award and Appeals

Part I: Arbitration and Conciliation

Emerging Aspects: Fast Track and Virtual Arbitration

Part I: Arbitration and Conciliation

Arbitration under Investors' Grievances Redressal Mechanism of Stock Exchanges

Part I: Arbitration and Conciliation

Conceptual Framework of International Commercial Arbitration

Part I: Arbitration and Conciliation

International Law of Arbitration

Part I: Arbitration and Conciliation

Introduction to Conciliation and its Importance for MSMEs

Part I: Arbitration and Conciliation

Conciliation Proceedings and International Perspective of Conciliation

Part II: Mediation

Mediation: An Introduction and its Process along with Rules

Part II: Mediation

Negotiation Skills and Communication

Part II: Mediation

Various Modes and Scope of Mediation including Role of Mediation in other ADR Domains

Part II: Mediation

International and Emerging Aspects under Mediation Law

How to prepare Arbitration, Mediation and Conciliation

The paper has 16 chapters across three areas. Plan for application practice, not just reading. Use the official text of the Acts and rules as your base, and keep your open book material organised.

  1. Read the syllabus and split the 16 chapters into three blocks: domestic arbitration (the first eight chapters), international arbitration and conciliation, and mediation. Give the most time to domestic arbitration because the 70-mark part is largest.
  2. Read the Arbitration and Conciliation Act, 1996 end to end once, in the current amended form. Note how the parts fit: domestic arbitration, enforcement of foreign awards, and conciliation. Do this before you study any summary notes.
  3. Study each chapter in the same pattern: the rule, its conditions, the time limits, and the court or tribunal that acts. Write these on one page per chapter. Time limits and who can approach which court are favourite testing points.
  4. Build your open book kit. Tab the Acts, mark key provisions with short margin notes, and keep a one-page index of topic to provision. Practise finding any topic in under a minute.
  5. Solve case-based questions every week. For each one, write four lines first: the issue, the provision, the application, the conclusion. Then write the full answer. This habit is what earns marks.
  6. Practise drafting. Prepare short formats such as an arbitration clause, a notice invoking arbitration, a statement of claim, a terms-of-settlement note, and a mediation agreement. Learn what each must contain.
  7. Cover mediation and negotiation as a full part, not an add-on. Learn the stages of the mediation process, the role of the mediator, confidentiality, and how mediation links with court and other ADR routes. Mediation is 30 marks.
  8. In the last weeks, attempt full 3-hour papers with your open book set-up. Review where you wasted time searching or wrote without a conclusion, and fix those habits.

Time management in the exam

  • Use the 15 minutes of reading time to choose questions and mark the provision you will use for each. Do not start writing until you have a plan.
  • Split time by marks. A 3-hour paper of 100 marks gives you under two minutes per mark, and you must also leave time to look up provisions.
  • Look up a provision only to confirm exact wording or time limits. If you spend more than a minute searching, move on and return later.
  • Start every case-based answer with the issue and provision, then facts, then conclusion. This keeps answers short and complete.
  • Keep the last 10 to 15 minutes for review. Check that each answer has a clear conclusion and that any drafting has parties, dates and signatures where needed.
  • Attempt the mediation questions in a fixed slot so that the 30-mark part is never left rushed at the end.

Mistakes that cost marks in Arbitration, Mediation and Conciliation

  • Treating the open book as a substitute for preparation

    Fix: Know the structure of the Act well. Use the book only to confirm wording and time limits.

  • Writing general theory instead of applying the law to the facts

    Fix: Use the facts in every answer. Show how each provision fits them, then conclude.

  • Mixing up arbitration, conciliation and mediation

    Fix: Make a comparison note: who decides, whether the outcome binds, which law governs, and the role of the neutral.

  • Missing time limits and court jurisdiction

    Fix: List time limits and forums on a revision page for each chapter, and test yourself on them.

  • Ignoring drafting questions

    Fix: Prepare a few standard formats and practise writing them with the key clauses in order.

  • Neglecting mediation and negotiation

    Fix: Study it from the start. It is 30 marks and rewards clear, structured answers.

Arbitration, Mediation and Conciliation: frequently asked questions

Is Arbitration, Mediation and Conciliation an open book paper?

Yes. It is Elective 2 (Paper 7.1), and elective papers are open book. You still need to know the law well, because the questions test application and not recall.

How are the marks divided in this paper?

The paper is 100 marks. Arbitration and Conciliation carry 70 marks and Mediation carries 30 marks.

What is the format of the paper?

It is a descriptive, written paper of 3 hours, with 15 extra minutes for reading. There are no MCQs and no negative marking.

What marks do I need to pass?

You need at least 40% in each paper and 50% in the aggregate of the group at one sitting. Paper 7.1 sits in Group 2 with Papers 5 and 6.

Which chapters should I start with?

Start with the arbitration agreement and appointment of arbitrators. Later chapters on proceedings, awards and challenges build on them.