LL.B. (Three Years) Sem 6 Alternate Dispute Resolution System Nov 2011 Question Paper - Mumbai University | munotes

Questions asked in this paper

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

1. Q1 When are Arbitration proceedings deemed to have been commenced?
2. Q2 What is the status of the Arbitration clause in a void agreement?
3. Q3 When did the Arbitration and Conciliation Act, 1996 become effective?
4. Q4 What should be the place of Arbitration?
5. Q5 Stages at which the court can grant interim measures in Arbitration.
6. Q6 How can the award be passed if the arbitrators differ in opinion?
7. Q7 Which High Court shall have jurisdiction if the parties are residing in different states?
8. Q8 What should be the number of Arbitrators in the tribunal?
9. Q9 What is a foreign award?
10. Q10 Can a couple appoint an Arbitrator on the wife's application for divorce?

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

1. Q11 Arbitration Agreement.
2. Q12 Lok Adalat.
3. Q13 Arbitration Award.
4. Q14 Interim Award.
5. Q15 Appointment of Conciliator.
6. Q16 Lien on Award.

SECTION III - Q.3: Answer any two of the following (12 Marks - 6 marks each)

1. Q17 The Arbitration agreement was entered into on 8th November, 1995. Thereafter, due to a dispute, one party addressed a letter to the other requesting it to refer the matter for Arbitration, which was received by the other party on 19th January, 1996. Thereafter an Arbitrator was appointed on 3rd February, 1996, who commenced the arbitration on 4th March, 1996. Explain in detail which Act will govern these proceedings.
2. Q18 A mediator has, in the process of mediation, received a document of which Mr. P, a party to the mediation, was not aware, and which will help him to prove his case. After the mediation failed, Mr. P applied to 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 reasons.
3. Q19 One party in the Arbitration desires to examine the Rationing Officer and the Engineer of the Municipal Corporation, and has therefore made an application before the Arbitrator. Can the arbitrator require them to come and give evidence? Explain the procedure in that behalf.

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

1. Q20 The agreement executed in conciliation has a different effect from any other agreement. Discuss.
2. Q21 The conciliator's is a role of complete trust and confidence, which is maintained by the legal provisions. Discuss.
3. Q22 Arbitration can get the assistance of the court but not its interference. Discuss.
4. Q23 Why are the measures of Alternate Dispute Resolution not widely accepted in India?
5. Q24 What is a foreign award? What are the conditions in which the same can be enforced in India?
6. Q25 What is the procedure to challenge the Arbitration Procedure?

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