LLB 3 Years Sem 6 Alternate Dispute Resolution System Apr 2011 ADR Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Q1 Answer the following questions in not more than two sentences 20 marks
   • (a) When the Arbitration and Conciliation Act, 1996 came in force ?
   • (b) What is the period of limitation for setting aside the Arbitral Award ?
   • (c) What is meant by ‘confidentiality’ in proceeding ?
   • (d) Are the decisions arrived at the Lok Adalat enforceable ?
   • (e) How many minimum and maximum number of Arbitrators are permitted to be appointed on an Arbitral Tribunal ?
   • (f) What de you mean by Lien on Arbitral Award ?
   • (g) What is the status and effect of Settlement Agreement ?
   • (h) Define the term Arbitration
   • (i) Define the term Court ?
   • (j) Arbitral Tribunal is competent to appoint an expert in certain cases
2. Q2 Write short notes on any four :— 20 marks
   • (a) Arbitration Agreement and its essentials
   • (c) Commencement of Arbitration
   • (d) Termination of Arbitral Proceedings
   • (e) Costs U/s. 78
   • (f) Settlement Award
3. Q3 Attempt any two out of the following situational problems :~ 12 marks
   • (a) Insurance Company under its policy stipulated an Arbitration clause saying that all benefits under the policy shall be forfeited if neither action nor Arbitration is commenced within 3 months of the rejection of the claim
   • (i) Whether such clause is valid ?
   • (ii) Does the Limitation apply to the Arbitration ?
   • (iii) Whether the court has power to extend the time ?
   • (b) The defendant, defending his claim and counter claim did not appear on one particular date. The Arbitrator proceeded ex-parte and made an ex-parte award. The defalting party was not given any opportunity to explain the reasons for his absence on that date
   • (i) Whether the ex-parte award be set aside Grounds ?
   • (ii) Whether appeal, review or revision petition can be filed against an (ili) Citation if any in support of your answer
   • (c) Notice was given to a person to quit an agricultural holding. He relied upon Provisions of the Act requiring to arbitration, which was accordingly done A date was fixed. He could not pay for a Solicitor to appear for him. He requested the arbitrator for a four-week postponement to enable him to arise necessary funds. The Arbitrator declined his request on the ground that fee was a personal matter between the party and At the hearing also he asked for postponement because he was still unrepresented. The Arbitrator refused to oblige him and prepared his award
   • (i) Is such an award maintainable in law ?
   • (ii) Does the conduct of an Arbitrator amount to legal misconduct ?
4. Q4 Answer any four from the following 48 marks
   • (a) What is Lok Adalat ? Discuss the Award, Jurisdiction and Power of Lok Adalat
   • (b) conciliation ? State the difference between Arbitration and Conciliation
   • (c) Define Foreign Award ? When the Foreign Awards can become binding and
   • (d) What are the sailent features of the Arbitration and Conciliation Act, 1996 ?
   • (e) Discuss the Provision of the Arbitration and Conciliation Act, 1996 for Constituting
   • (f) What are the Provisions relating to correction, Interpretation and Additional

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