LLB 3 Years Sem 6 Alternate Dispute Resolution System Nov 2014 ADR Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Q1 Answer in Two Sentences
   • (A) Which is the provision relating to the appeal under arbitration and conciliation’ 29
   • (B) Explain the law of limitation under arbitration and conciliation act,
   • (C) Define the term "Arbitration Agreement,"
   • (D) What is a provision regarding language of arbitration?
   • (E) ‘What is the meaning of the .,"Ex Aequo Et Bono Is"? AN
   • (F) Under which provision, it is now obligatory on court to encourage settlement?
   • (G) Explain the term International commercial Agreement
   • (H) What is permanent Lok Adalat?
   • (1) Can Chief Justice of India appoint an Arbitrator of another. of another country? a What is a Mediation? 2, short notes on any four —. 20
   • (1) Bargaining abilities of parties to the arbitration agreement
   • (2) Conventional award
   • (4) .Distinction between conciliation
   • (5) Rule making power of an
   • (6) Different modes of under ADR
2. Q1 Asupplier contracted to supply.to the Belgium government two mobile communication vehicles. He ordered the same number of the vehicles. from a dealer. Dispute arose ‘between him and the which were referred to the arbitration. This parties appointed an arbitrator who was\both an engineer and a barrister. At a preliminary meeting arbitrators chamber it was agreed that the proceeding be conducted in an informal manner and without legal representative. Shortly thereafter and without the knowledge of the dealer submitted the documents to the arbitrator, which through a very, damaging light upon the commercial performance and business behavior of the When the supplier came to know about the document he demanded a copy, which the arbitrator refused to give. The arbitrator issued two interim awards. The supplitr applied to the courts to set aside both awards Can the supplier succeed in the matter? Give the reasoning
   • (b) Does the failure of the Arbitrator to provide a copy be construed as a breach of the principles of the natural justice ?
   • (c) As the party protested after issuance of the 2 interim award, would it constitute a, "waiver" or "acquiescence"?
3. Q2 The vice chancellor of an university was appointed as an arbitrator in a of dispute under a building contract. The V.C. duly informed the his appointment as an atbitrator and directed him to appear before him for pers But the petitioner-did not attend the personal hearing despite several A final notice was served to the petitioner that if did not appear fixed date the proceedings will be held "Ex- Parte" and appropriate award will be passed arbitrator competent to proceed an What is the remedy open to a party against ex-parte decision was given improperly? Whether ari ex-parte award is equivalent to of court?
4. Q3 ‘In the case of international transaction in terms of a dispute arose between parties. Petitioner filed a plication for appointment of arbitrator of the arbitration and conciliation act,1996 to settle-the dispute
   • (a) court can appoint an arbitrator when alleged dispute under ‘was an international transaction? the provisions. of the arbitration and conciliation act,1996 “be made international commercial transaction held outside Cite any decided 4, Answer the following any four Explain esgéfitials of the Arbitration award and discuss the procedure to
   • (3) Whature the powers of the Arbitral Tribunal to proceed Ex-parte? Discuss the help of the decided cases?
   • (4) iscuss the composition of the Arbitral tribunal. arbitration and conciliation as and conciliation act 1996 has wide scope than act of 1940 Explain the procedure of appointment of an arbitrator

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