B.A. LL.B. (Five Years) Sem 10 Alternate Dispute Resolution System Nov 2019 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: 1) All questions are compulsory. 2) Give proper explanation wherever necessary. 3) Figures to the right indicate full marks.

Q.1 Q.1: Answer in one to two sentences (20 Marks - 2 marks each)

1. (a) Express the term "Arbitration Agreement".
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2. (b) What is a 'Foreign award'?
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3. (c) What is an 'Interim award'?
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4. (d) Define Lien on award.
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5. (e) What is a non-speaking award?
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6. (f) Who is a Presiding Arbitrator?
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7. (g) What should be the nationality of an Arbitrator?
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8. (h) How many conciliators can be appointed by the parties?
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9. (i) What is the date of commencement of Arbitral Proceedings?
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10. (j) Whether res judicata is applicable to an award of Lok Adalat?
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Q.2 Q.2: Write short notes (any four) (20 Marks - 5 marks each)

1. (a) Appointment of an Arbitrator.
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2. (b) Termination of Arbitral Proceedings.
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3. (c) Conciliation Procedure.
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4. (d) Settlement Agreement.
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5. (e) Role of Court in Arbitration and Conciliation Proceedings.
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6. (f) Working Process of Lok Adalat.
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Q.3 Q.3: Write answers (any two) (12 Marks - 6 marks each)

1. (a) Mr. A, Mr. B and Mr. C are the three arbitrators appointed by the parties in dispute. They sign an award and demand the cost of the Arbitration proceedings. (1) How many Arbitrators should sign the award? Why? (2) What are the powers of an arbitral tribunal for fixation of the cost of Arbitration? (3) What does cost include?
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2. (b) Mrs. Gauri's name was mentioned as an arbitrator in the arbitration agreement between the parties. After having a dispute, the parties appointed Mr. Ganesh as an arbitrator. After a few months Mr. Ganesh shows his unwillingness to work, so both parties appointed Mr. Chetan as an arbitrator. (1) Can Mrs. Gauri take any action against the parties? Why? (2) Can Mr. Ganesh submit his resignation during the arbitration procedure? (3) Whether Mr. Chetan has to work from the initial stage of the arbitration?
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3. (c) Mr. Ram filed a suit in court against Mr. Shyam, but the court has referred it to the Lok Adalat. However, Mr. Ram does not want to settle it in the Lok Adalat. (1) Can the court refer a case for settlement in the Lok Adalat? (2) Can Mr. Ram challenge the court's decision about the reference to the Lok Adalat? Why? (3) What is the procedure for settlement of a dispute outside the court?
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Q.4 Q.4: Write answers (any four) (48 Marks - 12 marks each)

1. (1) When can an Arbitral award be set aside?
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2. (2) Explain the procedure of Lok Adalat.
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3. (3) Explain the concept of Foreign award with the help of two conventions.
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4. (4) Explain in detail the conciliation procedure.
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5. (5) What are the powers of the Arbitral tribunal to proceed ex parte? Discuss with the help of decided cases.
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6. (6) What are the provisions relating to correction, interpretation and additional award?
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