B.A. LL.B. (Five Years) Sem 10 Alternate Dispute Resolution System 2021-22 Question Paper - Mumbai University | munotes

Questions asked in this paper

MCQ Multiple choice questions

1. 1 A.D.R. stands for ______. (a) Automated Discovery Response (b) Alternate Dispute Resolution (c) Exact Dispute Resolution (d) Automated Dispute Resolution
   Read the model answer
2. 2 Which of these is a condition for which compulsory arbitration is imposed on the disputing parties? (a) When an industrial dispute is apprehended (b) The disputing parties fail to arrive at a settlement by a voluntary method (c) The issue of the dispute should be mentioned in the arbitration agreement (d) When a commercial dispute is apprehended
   Read the model answer
3. 3 Mahesh knows that the arbitrator appointed by Suresh is not qualified to act as per the arbitration agreement, but he raises no objection and takes part in the proceedings. (a) Mahesh exercises his right. (b) Suresh exercises his right. (c) Mahesh is deemed to have waived his right to object. (d) Suresh and Mahesh are both not ready for a compromise.
   Read the model answer
4. 4 Which are the correct characteristics of Negotiation? (a) It is quick, a cheap process, and confidential. (b) A cheap process, and might not come to a decision. (c) Confidentiality and lack of certainty. (d) Might not come to a decision.
   Read the model answer
5. 5 Mediation is not ______. (a) recognized by legislation in India (b) recognized as an alternate dispute resolution mechanism for all disputes in India (c) recognized as an alternate dispute resolution mechanism for certain kinds of disputes approved by legislation (d) an alternative dispute resolution mechanism
   Read the model answer
6. 6 Aman and Rahul, both partners in a partnership firm, make an agreement in writing to refer a dispute relating to the business between them to an arbitrator. In spite of this agreement, Aman files a suit against Rahul relating to the dispute in a court. (a) The jurisdiction of the court is ousted, as a valid arbitration agreement exists. (b) The court has jurisdiction over the matter. (c) Aman can file an appeal in Court only against an arbitral award. (d) The court does not have jurisdiction.
   Read the model answer
7. 7 The number of conciliators can be ______. (a) only an odd number (b) only an even number (c) 1 or 2 (d) 1, 2 or 3 marks
   Read the model answer
8. 8 The mandate of an arbitrator shall ______. (a) be terminated by the death of any party by whom he was appointed (b) be terminated by the death of the counter party (c) not be terminated by the death of any party by whom he was appointed (d) be terminated by the death of the father
   Read the model answer
9. 9 After the arbitral award is made, each party shall be delivered ______. (a) the original award (b) a signed copy of the award (c) a photocopy of the award (d) an unsigned copy of the award
   Read the model answer
10. 10 In Conciliation the decision is known as ______. (a) Settlement (b) Opinion (c) Decision (d) Arbitral award
    Read the model answer
11. 11 Lok Adalat is also known as ______. (a) Men's Court (b) Women's Court (c) Children's Court (d) People's Court
    Read the model answer
12. 12 In the case of three arbitrators, the 'Third Arbitrator' shall act as ______. (a) An umpire (b) A Presiding Arbitrator (c) Sole arbitrator (d) Assistant Arbitrator
    Read the model answer
13. 13 An arbitral tribunal has no jurisdiction to issue ______. (a) Interim award (b) Award (c) Winding up orders (d) Ex-parte orders
    Read the model answer
14. 14 Which method of settlement of disputes is applicable only to existing disputes? (a) Every method (b) Arbitration (c) Conciliation (d) Non verbal
    Read the model answer
15. 15 An arbitral award is ______ and ______ upon the parties. (a) Final and binding (b) Temporary and partly binding (c) Non binding and arbitrary (d) Uncertain and non recognized
    Read the model answer
16. 16 A sum directed to be paid by an arbitral award shall carry interest ______. (a) at 6% per annum from the date of the award till the date of payment (b) at 12% per annum from the date of the award till the date of payment (c) at 18% per annum from the date of the award till the date of payment (d) at 24% per annum from the date of the award till the date of payment
    Read the model answer
17. 17 ______ is a less expensive method as compared to litigation costs. (a) Court case (b) Civil case (c) Criminal case (d) Arbitration
    Read the model answer
18. 18 Arbitral proceedings commence ______. (a) on the date on which a request for a dispute to be referred to arbitration is received by the respondent (b) on the date when the respondent gives consent to the appointment of the arbitrator (c) on the date when the arbitrator issues notice to the parties (d) on the date when the statement of claim and the written submission of defence are made
    Read the model answer
19. 19 ______ proceedings cannot be used as evidence in any arbitral or judicial proceedings. (a) Any (b) Secondary (c) Arbitration (d) Conciliation
    Read the model answer
20. 20 Mahesh has been appointed as an arbitrator regarding the dispute between Rohan and Sumedh. Mahesh is the maternal uncle of Sumedh. (a) Mahesh cannot work as an arbitrator. (b) Mahesh can work as an arbitrator. (c) Sumedh can work as an arbitrator. (d) Rohan can work as an arbitrator.
    Read the model answer

DTQ Descriptive questions

1. 1 Explain any three salient features of the Arbitration and Conciliation Act, 1996.
   Read the model answer
2. 2 Define and explain: Arbitration agreement.
   Read the model answer
3. 3 Write on "International Commercial Arbitration".
   Read the model answer
4. 4 When can an arbitral award be set aside?
   Read the model answer
5. 5 What is Conciliation? Explain three advantages of Conciliation.
   Read the model answer
6. 6 What is Lok Adalat? Explain the importance of Lok Adalat for the Judicial system.
   Read the model answer
7. 7 What do you mean by a Non-Speaking Award? Discuss the situations in which an award can be a Non-Speaking Award.
   Read the model answer
8. 8 Explain Foreign award.
   Read the model answer
9. 9 Explain the need of Alternate Dispute Resolution.
   Read the model answer
10. 10 What is the role of the court in arbitration proceedings?
    Read the model answer

Read from the scan above, so a character or two may differ. The scan is the original.