LL.B. (Three Years) Sem 6 Alternate Dispute Resolution System Apr 2014 Question Paper - Mumbai University | munotes

Questions asked in this paper

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

1. Q1 In which matters do Parts I, II and IV of the Arbitration and Conciliation Act, 1996 extend to Jammu and Kashmir?
2. Q2 Explain the term "award in conflict with public policy".
3. Q3 Within how many days shall the two appointed arbitrators appoint a presiding arbitrator?
4. Q4 Explain the maxim 'Nemo Judex in Causa Sua'.
5. Q5 Can an award be given according to agreed terms of settlement?
6. Q6 Within how many days is an arbitral tribunal empowered to make a correction in the award on its own initiative?
7. Q7 When should the award be considered a final award?
8. Q8 Can a conciliator be presented as a witness in court?
9. Q9 State the number of conciliators who can be appointed by the parties.
10. Q10 What is the object of Lok Adalat?

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

1. Q11 Importance of Lok Adalat for the judicial system.
2. Q12 Conventional award.
3. Q13 Difference between arbitration and conciliation.
4. Q14 Arbitral tribunals.
5. Q15 Power of the Chief Justice to appoint an arbitrator.
6. Q16 Forms and contents of an arbitral award.

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

1. Q17 Mr. Abhay and Mr. Bhushan, who are in a legal relationship, form an arbitral tribunal for certain disputes between them. Mr. Abhay submitted to the tribunal a dispute which was not mentioned in the arbitration agreement. Mr. Bhushan also submitted supporting documents to have an amicable settlement between them. An award was declared by the tribunal. (1) Can such an award be considered a valid award? Why? (2) Whether the signature of all the arbitrators is compulsory on an award? (3) In which court is an application for setting aside an award made?
2. Q18 Mr. Abhay and Mr. Suvarnan had appointed an arbitrator for their present dispute. Mr. Abhay submitted his statement of claim. (1) What will happen if Mr. Abhay dies during the procedure? (2) Does the procedure terminate if Mr. Suvarnan fails to submit his statement of defence to Mr. Solanki? (3) What will be the effect on the procedure if Mr. Solanki, the arbitrator, dies during the arbitration procedure?
3. Q19 Parties in dispute constitute an arbitral tribunal with 4 arbitrators, according to an arbitration agreement between them. (1) Does the award declared by such a tribunal have validity? (2) Who will appoint a presiding arbitrator? (3) When does a court have the authority to appoint an arbitrator?

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

1. Q20 Discuss the composition, jurisdiction and powers of the arbitral tribunal.
2. Q21 State the grounds for setting aside an award.
3. Q22 Explain: 'The conciliation procedure is easier than the arbitration procedure.'
4. Q23 Importance of Lok Adalat for the judicial system.
5. Q24 Explain the importance of the two major conventions for the enforcement of foreign awards.
6. Q25 "An ex-parte award is a weapon in the hands of an arbitrator, with restricted use." Explain.

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