LL.B. (Three Years) Sem 6 Alternate Dispute Resolution System Apr 2011 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 When did the Arbitration and Conciliation Act, 1996 come into force?
2. Q2 What is the period of limitation for setting aside the Arbitral Award?
3. Q3 What is meant by 'confidentiality' in conciliation proceedings?
4. Q4 Are the decisions arrived at in the Lok Adalat enforceable?
5. Q5 What are the minimum and maximum number of Arbitrators permitted to be appointed on an Arbitral Tribunal?
6. Q6 What do you mean by Lien on Arbitral Award?
7. Q7 What is the status and effect of a Settlement Agreement?
8. Q8 Define the term Arbitration.
9. Q9 Define the term Court.
10. Q10 The Arbitral Tribunal is competent to appoint an expert in certain cases.

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

1. Q11 Arbitration Agreement and its essentials.
2. Q12 International Commercial Arbitration.
3. Q13 Commencement of Arbitration.
4. Q14 Termination of Arbitral Proceedings.
5. Q15 Costs u/s 78.
6. Q16 Settlement Award.

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

1. Q17 A Fire 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 a clause is valid? (ii) Does the Limitation Act, 1963 apply to the Arbitration? (iii) Whether the court has power to extend the time?
2. Q18 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 defaulting party was not given any opportunity to explain the reasons for his absence on that date. (i) Whether the ex-parte award can be set aside? Grounds. (ii) Whether an appeal, review or revision petition can be filed against an ex-parte award? (iii) Citation, if any, in support of your answer.
3. Q19 Notice was given to a person to quit an agricultural holding. He relied upon provisions of the Act requiring 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 raise the necessary funds. The Arbitrator declined his request on the ground that the fee was a personal matter between the party and the solicitor. 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 the Arbitrator amount to legal misconduct?

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

1. Q20 What is Lok Adalat? Discuss the Award, Jurisdiction and Power of Lok Adalat.
2. Q21 What is conciliation? State the difference between Arbitration and Conciliation.
3. Q22 Define Foreign Award. When can Foreign Awards become binding and enforceable?
4. Q23 What are the salient features of the Arbitration and Conciliation Act, 1996?
5. Q24 Discuss the provisions of the Arbitration and Conciliation Act, 1996 for constituting the Arbitral Tribunal.
6. Q25 What are the provisions relating to correction, interpretation and additional award?

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