LL.B. (Three Years) Sem 6 Alternate Dispute Resolution System May 2012 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: (1) Write each answer on a separate page. (2) Figures to the right indicate the maximum marks to the answer.

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

1. Q1 What is conciliation?
2. Q2 When are arbitration proceedings deemed to have commenced?
3. Q3 What is UNCITRAL?
4. Q4 What is the status of an Arbitration clause in a void Agreement?
5. Q5 What do you mean by foreign Arbitration?
6. Q6 When did the Arbitration and Conciliation Act, 1996 come into force?
7. Q7 What are the minimum and maximum number of arbitrators permitted to be appointed on an Arbitral Tribunal?
8. Q8 What should be the place of arbitration?
9. Q9 State the extent of judicial intervention u/s 5 of the Act.
10. Q10 Stages at which the court can grant interim measures in Arbitration.

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

1. Q11 New York Convention.
2. Q12 Arbitration Agreement.
3. Q13 International Commercial Arbitration.
4. Q14 Lok Adalat.
5. Q15 Settlement agreement u/s 73 of the Act.
6. Q16 Arbitration Award.

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

1. Q17 A dispute arose between the parties as regards the venue of the arbitration under the Arbitration Agreement. The decision is to be given by the Joint Arbitration Committee on such issue. The question before the court was whether such a decision is appealable. (i) Do you think that such a decision is appealable? (ii) Can the decision given by the Joint Arbitration Committee be considered as an Interim Award? Explain.
2. Q18 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 to 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 governs these proceedings.
3. Q19 A mediator in the process of mediation received documents of which Mr. P, a party to the mediation, was not aware, and which would 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 documents before the court. Can the Court issue summons as applied? Substantiate your answer with reasons.

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

1. Q20 What is meant by Lok Adalat? What are the reasons for and object of establishing Lok Adalats?
2. Q21 The conciliator's is a role of complete trust and confidence, which is maintained by legal provisions. Discuss.
3. Q22 Discuss the salient features of the Arbitration and Conciliation Act, 1996.
4. Q23 An arbitrator can get the assistance of the court but not its interference. Discuss.
5. Q24 What are the interim measures that the court may grant u/s 9 before or during the arbitration proceedings?

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