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

Questions asked in this paper

SECTION I - Q.1: Answer in two sentences (20 Marks - 2 marks each)

1. Q1 Which is the provision relating to appeal under the Arbitration and Conciliation Act, 1996?
2. Q2 Explain the law of limitation under the Arbitration and Conciliation Act, 1996.
3. Q3 Define the term "Arbitration Agreement".
4. Q4 What is the provision regarding the language of arbitration?
5. Q5 What is the meaning of "Ex Aequo et Bono"?
6. Q6 Under which provision is it now obligatory on the court to encourage settlement?
7. Q7 Explain the term International Commercial Agreement.
8. Q8 What is Permanent Lok Adalat?
9. Q9 Can the Chief Justice of India appoint an Arbitrator of another country?
10. Q10 What is Mediation?

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

1. Q11 Bargaining abilities of parties to the arbitration agreement.
2. Q12 Conventional award.
3. Q13 Legal Services Authorities Act.
4. Q14 Distinction between conciliation and arbitration.
5. Q15 Rule making power of an arbitrator.
6. Q16 Different modes of settlement of disputes under ADR.

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

1. Q17 A supplier contracted to supply two mobile communication vehicles to the Belgian government. He ordered the same number of vehicles from a dealer. Disputes arose between him and the dealer, which were referred to arbitration. The parties appointed an arbitrator who was both an engineer and a barrister. At a preliminary meeting in the arbitrator's chamber it was agreed that the proceedings would be conducted in an informal manner and without legal representatives. Shortly thereafter, and without the knowledge of the supplier, the dealer submitted documents to the arbitrator which threw a very damaging light upon the commercial performance and business behaviour of the supplier. When the supplier came to know about the documents he demanded a copy, which the arbitrator refused to give. The arbitrator issued two interim awards. The supplier applied to the courts to set aside both awards. (a) Can the supplier succeed in the matter? Give the reasoning. (b) Can the failure of the Arbitrator to provide a copy be construed as a breach of the principles of natural justice? (c) As the party protested after the issue of the 2 interim awards, would it constitute a "waiver" or "acquiescence"?
2. Q18 The Vice Chancellor of a university was appointed as an arbitrator in a matter of dispute under a building contract. The V.C. duly informed the petitioner of his appointment as an arbitrator and directed him to appear before him for a personal hearing. But the petitioner did not attend the personal hearing despite several adjournments. A final notice was served on the petitioner that if he did not appear on a fixed date the proceedings would be held "ex-parte" and an appropriate award would be passed. (a) Is an arbitrator competent to proceed ex-parte? (b) What is the remedy open to a party against whom an ex-parte decision was given improperly? (c) Whether an ex-parte award is equivalent to a decree of the court?
3. Q19 In the case of an international transaction in terms of a contract, a dispute arose between the parties. The petitioner filed an application for the appointment of an arbitrator u/s 11 of the Arbitration and Conciliation Act, 1996 to settle the dispute. (a) Whether the court can appoint an arbitrator when the alleged dispute under the contract was an international transaction? (b) Can the provisions of Part I of the Arbitration and Conciliation Act, 1996 be made applicable to an international commercial transaction held outside the country? (c) Cite any decided case.

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

1. Q20 Explain the essentials of the Arbitration award and discuss the procedure to execute the same.
2. Q21 Explain in detail Lok Adalat vis-a-vis Permanent Lok Adalat.
3. Q22 What are the powers of the Arbitral Tribunal to proceed ex-parte? Discuss with the help of decided cases.
4. Q23 Discuss the composition of the Arbitral Tribunal under the Arbitration and Conciliation Act, 1996.
5. Q24 The Arbitration and Conciliation Act, 1996 has a wider scope than the Act of 1940.
6. Q25 Explain the procedure of appointment of an arbitrator.

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