LLB 3 Years Sem 6 Alternate Dispute Resolution System Dec 2012 ADR Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Q1 Answer in not more than two sentences :— 20 marks
   • (a) What is meant by confidentiality in conciliation proceeding ?
   • (b) What is conciliation ?
   • (c) When the award is stated to be in conflict with the public policy of
   • (d) What is the effect of a void agreement on arbitration agreement ?
   • (e) Define the term court
   • (f) Is it mandatory for an arbitrator to give reasons for the award ?
   • (g) What is the status of the Conciliation Agreement ?
   • (h) Are the decisions arrived at the Lok Adalat enforceable ?
   • (i) Define the term Arbitration
   • (j) What should be the place of Arbitration ?
2. Q2 Write short notes on any four :— 20 marks
   • (a) Settlement award
   • (b) Interim Award
   • (c) Appointment of Arbitrators
   • (d) Form and Contents of Arbitral Award
   • (e) Power of Arbitration Tribunal to appoint expert u/s 26
3. Q3 Attempt any two out of the following situational problems :— 12 marks
   • (a) There is no provision as to the payment of interest on the amount of the award in contract. In the absence of such a provision in the contract,
   • (i) Whether the arbitrator has the jurisdiction to grant interest on the amount of the award ?
   • (ii) And for which period ?
   • (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 defaulting 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 ex-parte award ?
   • (iii) Citation if any in support of your answer
   • (c) the conciliator appointed by parties, after a few meetings with them draws up a settlement Agreement by himself, in secrecy, sends the same in a sealed cover to the court, signed only by himself
   • (i) Can such an agreement be recognised as a settlement
   • (ii) It is necessary that the parties has to sign
   • (iii) Will such an agreement be final and binding on the parties ?
4. Q4 Answer any four of the following 48 marks
   • (a) What is conciliation ? State the difference between Arbitration and
   • (b) Discuss briefly the Geneva Convention Award
   • (c) the provisions relating to correaction, interpretation and Additional
   • (d) What are the interim measures that a court may grant before or during the arbitral proceedings ?
   • (e) What is Lok Adalat ? Discuss the award, jurisdiction and power of Lok
   • (f) What are the salient features of the Arbitration and Conciliation
   • (3) fe aan
   • (3) ware (Forms and Contents)
5. Q3 ata
   • (2) ware ?
   • (3) ara

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