LLB 3 Years Sem 6 Alternate Dispute Resolution System Apr 2015 ADR Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Q2 Give proper explanation wherever necessary Answer in two or thrée sentences
   • i. Define the term Arbitration under Arbitration and Conciliation li, Express the term “Arbitration Agreement"
   • iv. How many arbitrators can be appointed by a party?
   • v. set aside the award Suo-moto?
   • vi. role of
   • vii. What is mediation?
   • viii. What do you mean by "Foreign Arbitration"?
   • ix. When is Waiver caused?
   • x. With what section 23 deals under Arbitration and Conciliation
2. Q2 Short Notes. (Any Four)
   • i. Composition of Arbitral Tribunal
   • iv. Roll of chief justice in appointment of an arbitrator
   • v. Confidentiality is an essential condition for an arbitration Compare award. of an arbitrator with settlement agreement
3. Q3 Solve. (Any Two) ‘12
   • i. Reference of dispute was made to Superintending Engineer in Public Works Department as sole arbitrator as per arbitration agreement. After-his retirement proceedings were being taken up by his successors which was never objected by the parties According to application u/s 27, court directed opposite party to produce éyidence before an original arbitrator and directed original arbitrator to continue with the work order of court sustainable?
   • b. What is Section 27 of an Arbitration and Conciliation Can previously made hearing, repeated by substituted As dispute arose between parties an arbitrator duly appointed the parties gave an award. A petition for setting aside the was filed 3 months after declaration of an month after receiving the award by parties
   • a. In which court application u /s 34 can be filed
   • b. State period of filing an application for setting aside of an.award in a court Can part of an award be set aside by Dispute between X and Y was pending before court. By the request of both the parties court refer the matter to lok adalat. But the person presiding over was friend of Mr. X where Y came to know this fact after declaration of an award
   • a. Can Y makes an appeal against award?
   • b. As.the application for referring matter to Lok Adalat made by both parties can court compel
   • c. Which method is applied in Lok Adalat for declaration of
4. Q4 Answer the following with proper Four) 48 marks
   • i. Explain the term "Foreign Award" with the provision of its
   • ii. conciliation, arbitration and mediation are sources for settlement of dispute every one is differerit— Explain iil, In arbitration ultimate power is in hands-of party
   • iv. Section 34 of an Arbitration and Act, 1996 gives justice to parties even after of an award. How?
   • v. Explain the concept of Lok Adalat
   • vi. Explain the essential conditions of Valid and Final Award
   • a. ware

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