LL.B. (Three Years) Sem 6 Alternate Dispute Resolution System Nov 2010 Question Paper - Mumbai University | munotes

Questions asked in this paper

SECTION I - Q.1: Answer the following questions in not more than two sentences (20 Marks - 2 marks each)

1. Q1 What is the nature of the Award of Lok Adalat?
2. Q2 What may be the different forms of drawing an Arbitration Agreement?
3. Q3 What is Conciliation?
4. Q4 What are the important international conventions covered by Part II of the Act?
5. Q5 What is the effect of a void agreement on the arbitration agreement?
6. Q6 Define the term Arbitration.
7. Q7 Is it mandatory for an arbitrator to give reasons for the award?
8. Q8 What is the limitation to file an application to set aside an Arbitration Award?
9. Q9 What is the status of the Conciliation Agreement?
10. Q10 When is the Award stated to be in conflict with the Public Policy of India?

SECTION II - Q.2: Write short notes on any four (20 Marks - 5 marks each)

1. Q11 Distinguish between Arbitration and Conciliation.
2. Q12 Arbitration Agreement.
3. Q13 Appointment of Arbitrators.
4. Q14 Form and contents of Arbitral Award.
5. Q15 Settlement Agreement u/s 73 of the Act.
6. Q16 Power of Arbitral Tribunal to appoint expert u/s 26.

SECTION III - Q.3: Attempt any two out of the following situational problems (12 Marks - 6 marks each)

1. Q17 "X" and "V" are two businessmen who entered into a contract. X is required to supply certain goods for a certain consideration payable by V. The contract contains an arbitration clause, which provides that if a dispute arises a reference is to be made to the Arbitral Tribunal. A few months later, V refuses to make the payment to X for the goods supplied because V claims that the goods supplied were of sub-standard quality. X wants to resolve the dispute through arbitration, but V has already filed a suit in the court. (i) Please advise "X" about the course of action open to him. (ii) Can "V" insist upon the continued court proceedings regardless of the arbitration clause in the contract?
2. Q18 An award was passed on 10-12-2003 and received by the petitioner on the same date. An application containing objections against execution of the award was filed on 14-11-2004 by the judgement debtor before the learned District Judge under section 34 of the Act, 1996. (i) Is such an application for setting aside an award maintainable before the learned District Judge? (ii) If not maintainable, why not? Offer your specific reasons. (iii) Write the statutory provisions and citations, if any, in support of your answer.
3. Q19 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, Madurai, which gave a judgement confirming the award. (i) Is the judgement 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?

SECTION IV - Q.4: Attempt any four of the following (48 Marks - 12 marks each)

1. Q20 What is Arbitration? Discuss the various types of Arbitration.
2. Q21 What are the interim measures that a court may grant before or during the arbitral proceedings?
3. Q22 State the provisions regarding the commencement and conduct of arbitral proceedings.
4. Q23 Discuss briefly the Geneva Convention Awards.
5. Q24 Explain the provisions relating to the appointment of a conciliator and the role of the conciliator.
6. Q25 What do you mean by Lok Adalat? Discuss the legal effect and benefits of settling disputes by Lok Adalat.

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