LL.B. (Three Years) Sem 6 Alternate Dispute Resolution System Dec 2012 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 What is meant by confidentiality in conciliation proceedings?
2. Q2 What is conciliation?
3. Q3 When is the award stated to be in conflict with the public policy of India?
4. Q4 What is the effect of a void agreement on the arbitration agreement?
5. Q5 Define the term court.
6. Q6 Is it mandatory for an arbitrator to give reasons for the award?
7. Q7 What is the status of the Conciliation Agreement?
8. Q8 Are the decisions arrived at in the Lok Adalat enforceable?
9. Q9 Define the term Arbitration.
10. Q10 What should be the place of Arbitration?

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

1. Q11 Settlement award.
2. Q12 Interim Award.
3. Q13 Appointment of Arbitrators.
4. Q14 Form and Contents of Arbitral Award.
5. Q15 Power of Arbitral Tribunal to appoint expert u/s 26.
6. Q16 International Commercial Arbitration.

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

1. Q17 There is no provision in the contract as to the payment of interest on the amount of the award. In the absence of such a provision in the contract, please advise: (i) Whether the arbitrator has the jurisdiction to grant interest on the amount of the award? (ii) And for which period?
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 Mr. "ABC", the conciliator appointed by the parties, after a few meetings with them draws up a settlement Agreement by himself, in secrecy, and sends the same in a sealed cover to the court, signed only by himself. (i) Can such an agreement be recognised as a settlement agreement? (ii) Is it necessary that the parties sign it? (iii) Will such an agreement be final and binding on the parties?

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

1. Q20 What is conciliation? State the difference between Arbitration and Conciliation.
2. Q21 Discuss briefly the Geneva Convention Award.
3. Q22 What are the provisions relating to correction, interpretation and Additional Award?
4. Q23 What are the interim measures that a court may grant before or during the arbitral proceedings?
5. Q24 What is Lok Adalat? Discuss the award, jurisdiction and power of Lok Adalat.
6. Q25 What are the salient features of the Arbitration and Conciliation Act, 1996?

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