B.A. LL.B. (Five Years) Sem 10 Alternate Dispute Resolution System Oct 2024 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

Q.1 Q.1: Answer in one or two sentences each (any six) (12 Marks - 2 marks each)

1. (a) What is the difference between arbitration and mediation?
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2. (b) What are the essentials of a valid arbitration agreement?
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3. (c) Who is a Presiding Arbitrator?
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4. (d) What is a consent award?
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5. (e) Can an appeal lie from an arbitral award? Why?
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6. (f) Which international conventions deal with the enforcement of foreign awards in India?
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7. (g) State the objectives of the Legal Services Authorities Act, 1987.
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8. (h) What is the maximum number of arbitrators that can be appointed on an arbitral tribunal?
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9. (i) What is the time limit within which fast track arbitration must be completed?
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10. (j) What is the principle of party autonomy in arbitration?
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Q.2 Q.2: Write short notes on (any two) (12 Marks - 6 marks each)

1. (a) Role of Conciliator.
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2. (b) International Commercial Arbitration.
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3. (c) Termination of Arbitral Proceedings.
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4. (d) Interim measures by the Arbitral Tribunal.
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Q.3 Q.3: Answer any two of the following (12 Marks - 6 marks each)

1. (a) Mr. Harish is appointed as the Sole Arbitrator for a dispute between Mr. Luvesh and Ms. Shreya. After two hearings, Ms. Shreya gets to know that Mr. Harish is a lawyer in the same law firm that is representing Mr. Luvesh. (i) Can Mr. Harish act as an Arbitrator? (ii) What recourse does Ms. Shreya have?
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2. (b) Mr. Jayesh sends a written invitation to Mr. Karan regarding the appointment of a conciliator. Mr. Karan accepts the invitation and asks a few questions. Advise Mr. Jayesh on the same. (i) What is the maximum number of conciliators that can be appointed? (ii) How and where does the communication between the conciliator and the parties take place?
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3. (c) Arbitration proceedings have commenced between A and B. A fears that B shall alienate or deal with the disputed property in a manner which shall be detrimental to the interests of A, and therefore A wishes to obtain an injunction. (i) Can A approach a Court for an injunction? (ii) Distinguish between the powers of the Court and the Arbitral Tribunal in granting interim measures.
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4. (d) Ria and Priya have agreed to settle their dispute through a Lok Adalat. The Lok Adalat makes an award. (i) Can the award given by the Lok Adalat be challenged? (ii) What are the powers of the Lok Adalat?
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Q.4 Q.4: Answer any two of the following in detail (24 Marks - 12 marks each)

1. (a) What is an arbitral award? Discuss in detail the grounds on which an arbitral award can be set aside.
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2. (b) What is a Permanent Lok Adalat? Discuss in detail the procedure, jurisdiction and award of the Permanent Lok Adalat.
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3. (c) Discuss in detail the provisions governing the conduct of arbitral proceedings.
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4. (d) What do you mean by Alternative Dispute Resolution (ADR)? State its advantages and distinguish between the various methods of ADR.
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