B.A. LL.B. (Five Years) Sem 10 Alternate Dispute Resolution System May 2023 Question Paper - Mumbai University | munotes

Questions asked in this paper

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

1. (1) Write any two qualifications of an Arbitrator.
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2. (2) What is Negotiation?
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3. (3) What is the language of the arbitral proceedings?
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4. (4) What is the role of the Conciliator?
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5. (5) What is Alternative Dispute Resolution?
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6. (6) What is a Settlement Agreement?
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7. (7) What do you mean by Arbitral Tribunal?
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8. (8) What is Mediation?
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9. (9) What do you mean by Foreign Award?
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10. (10) Write any two qualifications of an arbitrator.
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Q.2 Q.2: Write short notes (any four) of the following (20 Marks - 5 marks each)

1. (1) Termination of Arbitral Proceedings.
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2. (2) Distinguish between Arbitration and Conciliation.
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3. (3) Forms and contents of Arbitral Award.
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4. (4) New York Convention.
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5. (5) Interim measures by the court.
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6. (6) Appointment of Conciliator.
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Q.3 Q.3: Solve any two of the following (12 Marks - 6 marks each)

1. (a) A dispute arose between the parties as regards the venue of the arbitration. Under the Arbitration Agreement the decision is to be given by the Joint Arbitration Committee on such issue. The question before the Supreme Court was whether such a decision is appealable. (i) Do you think that such a decision is appealable? (ii) Can the decision given by the Joint Arbitration Committee be considered an interim award? Explain.
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2. (b) In the Development agreement between the owner and the developer, there is a clause to refer disputes to the arbitrator. The Owner has filed a suit in the Civil Court to declare the Agreement null and void. (i) Is such a clause an 'Arbitration Agreement'? (ii) What will be the position of the said 'Arbitration Agreement' in case the Development Agreement is declared null and void? (iii) What can be the judicial order if the Developer points out the Arbitration clause in the Agreement to the Court?
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3. (c) In a dispute which has arisen between the parties, an arbitrator duly appointed by the parties gave an Award. A petition u/s 34 for setting aside the Award was filed before the Principal Sub-Court, Bhopal, which gave a judgment confirming the Award. (i) Is the Judgment passed by the Judge liable to be set aside? (ii) Can the question relating to lack of jurisdiction be raised at the stage of execution or before the Appellate Court?
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Q.4 Q.4: Answer any four of the following (48 Marks - 12 marks each)

1. (1) Why are the measures of Alternate Dispute Resolution not widely accepted in India?
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2. (2) Define Lok Adalat. Discuss the Award, Jurisdiction and Power of Lok Adalat.
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3. (3) What are the provisions relating to Correction, Interpretation and Additional Award?
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4. (4) Lok Adalat vis-a-vis Permanent Lok Adalat.
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5. (5) Explain the special features of the Geneva Convention.
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6. (6) State the procedure for setting aside an arbitral award.
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