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

Questions asked in this paper

1. Q1 Answer in not more than two sentences 20 marks
   • (a) When Arbitration proceedings are deemed to have beeh commenced ?
   • (b) What is status of the Arbitration clause in a void agreement ?
   • (c) When Arbitration and Conciliation Act, 1996 became effective ?
   • (d) What should be the place of Arbitration ?
   • (e) Stages in which the court can grant interim measures in Arbitration ? How the award can be passed if the arbitrators differ in opinion ?
   • (g) Which High Court shall have jurisdiction if the parties are residing in different
   • (h) What should be the number of Arbitrators in tribunal ?
   • (i) What is foreign award ?
   • (j) Can a couple appoint Arbitrator on wife's Application, for divorce ?
2. Q2 Write short notes (any four) 20 marks
   • (a) Arbitration Agreement
   • (d) Interim Award
   • (e) Appointment of Conciliaior
   • (f) Lien on Award
3. Q3 Answer any two of the following - 12 marks
   • (a) The Arbitration agreement was entered into on 8th November, 1995. Thereafter due to dispute one party addressed a letter, to other requesting to refer the matter for Arbitration, which was received by other party on 19th January, 1996. Thereafter Arbitrator was appointed on 3rd February, 1996 who commenced the arbitration 4th March, 1996. Explain in detail as to which Act will govern these proceedings
   • (b) has in the process of mediation, has received a document. Which Mr. P, a party to mediation, was not aware, which will help him to prove his case. After the mediation failed, Mr. P applied the Court to issue summons to the Mediator to produce the said document before the Court. Can the Court issue the summons as applied ? Substantiate your answer with reason
   • (c) One party in the Arbitration desire to examine the Rationing Officer and the Engineer of the Municipal Corporation. Therefore has made application before the Arbitrator. Can the arbitrator require them to come and give evidence ? Explain the procedure in that behalf
4. Q4 Answer any four of the following — 48 marks
   • (a) The agreement executed in conciliation has different effect than any other
   • (b) Conciliator is the role of complete trust and confidence, which is maintained by the legal provisions. Discuss
   • (c) Arbitration can get the assistance of the court but not interference. Discuss
   • (d) Why the measures of Alternate Dispute Resolution are not widely accepted
   • (e) What is foreign award ? What are the conditions in which the same can be enforced in India ?
   • (f) What is the procedure to challenge the Arbitration Procedure ?

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