LL.B. (Three Years) Sem 6 Alternate Dispute Resolution System Nov 2013 Question Paper - Mumbai University | munotes

Questions asked in this paper

SECTION I - Q.1: Answer the following questions in two to three lines (20 Marks - 2 marks each)

1. Q1 What kind of disputes cannot be submitted to arbitration?
2. Q2 What is the presumption under the Arbitration and Conciliation Act, 1996, if the parties do not determine the number of arbitrators?
3. Q3 What are the rights of the other party, if a party refers to arbitration a dispute which was not mentioned in the arbitration agreement?
4. Q4 Who is a presiding arbitrator?
5. Q5 Whose signature is compulsory on an arbitration award?
6. Q6 When does an arbitration proceeding get terminated?
7. Q7 What is the effect of setting aside of an award on the parties?
8. Q8 Define non-speaking award.
9. Q9 What is a settlement agreement?
10. Q10 State the types of cases generally dealt with at Lok Adalat.

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

1. Q11 International Commercial Arbitration.
2. Q12 Finality of an arbitral award.
3. Q13 Appointment of an Arbitrator by the Chief Justice.
4. Q14 Foreign award.
5. Q15 Difference between Arbitration and Conciliation.

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

1. Q16 Mr. Z, a Karta of a Joint Hindu family, refers to an arbitrator a dispute regarding joint family property, for the benefit of the family. Mr. S, a minor member of the family, challenges the award. (1) Can Mr. S challenge the award? When? (2) Can Mr. S challenge the award if, instead of being a minor, he was a lunatic?
2. Q17 Mr. X, a party to an arbitration, applies for setting aside an award on the ground that half of the award was outside the scope of the reference. (1) Can the whole award be set aside? (2) Can a party file a suit in a court of law for the same dispute after the award is set aside?
3. Q18 Mr. Z was working as a conciliator between Mr. A and Mr. B for a dispute. During the conciliation proceedings, Mr. B initiates an arbitral proceeding and appoints Mr. Z as an arbitrator for the same dispute. (a) Can Mr. B initiate arbitral proceedings during the pendency of the conciliation proceedings? Why? (b) Can Mr. Z work as an arbitrator in the above case?

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

1. Q19 'An arbitration agreement does not include the appointment of a particular arbitrator.' Explain, with the essential conditions of a valid arbitration agreement.
2. Q20 When can the award be set aside?
3. Q21 Explain the composition of the Arbitral Tribunal.
4. Q22 Importance of Lok Adalat in the judicial system.
5. Q23 'Conventions make foreign awards more effective.' Explain.

Read from the scan above, so a character or two may differ. The scan is the original.