LL.B. (Three Years) Sem 6 Alternate Dispute Resolution System Apr 2015 Question Paper - Mumbai University | munotes

Questions asked in this paper

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

1. (i) Define the term Arbitration under the Arbitration and Conciliation Act, 1996.
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2. (ii) Express the term "Arbitration Agreement".
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3. (iii) What is an Interim Award?
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4. (iv) How many arbitrators can be appointed by a party?
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5. (v) Can a court set aside the award suo motu?
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6. (vi) What is the role of the conciliator?
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7. (vii) What is mediation?
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8. (viii) What do you mean by "Foreign Arbitration"?
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9. (ix) When is Waiver caused?
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10. (x) What does section 23 of the Arbitration and Conciliation Act, 1996 deal with?
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Q.2 Q.2: Short notes (any four) (20 Marks - 5 marks each)

1. (i) Composition of Arbitral Tribunal.
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2. (ii) Permanent Lok Adalat.
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3. (iii) New York Convention Award.
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4. (iv) Role of the Chief Justice in the appointment of an arbitrator.
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5. (v) Confidentiality is an essential condition for an arbitration.
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6. (vi) Compare the award of an arbitrator with a settlement agreement.
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Q.3 Q.3: Solve (any two) (12 Marks - 6 marks each)

1. (i) A dispute was referred to the Superintending Engineer in the Public Works Department as sole arbitrator as per the arbitration agreement. After his retirement the proceedings were taken up by his successors, which was never objected to by the parties. On an application u/s 27, the court directed the opposite party to produce evidence before the original arbitrator and directed the original arbitrator to continue with the work. (a) Is the order of the court sustainable? (b) What is Section 27 of the Arbitration and Conciliation Act, 1996? (c) Can previously held hearings be repeated by the substituted arbitrator?
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2. (ii) As a dispute arose between the parties, an arbitrator duly appointed by the parties gave an award. A petition for setting aside the award was filed 3 months after the declaration of the award and 1 month after the parties received the award. (a) In which court can an application u/s 34 be filed? (b) State the period for filing an application for setting aside an award in a court. (c) Can part of an award be set aside by the court?
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3. (iii) A dispute between X and Y was pending before the court. At the request of both the parties the court referred the matter to the Lok Adalat. But the person presiding over it was a friend of Mr. X, and Y came to know this fact after the declaration of the award. (a) Can Y make an appeal against the award? (b) As the application for referring the matter to Lok Adalat was made by both parties, can the court compel them to settle? (c) Which method is applied in Lok Adalat for declaration of an award?
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Q.4 Q.4: Answer the following with proper explanation (any four) (48 Marks - 12 marks each)

1. (i) Explain the term "Foreign Award" with the provisions for its enforcement.
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2. (ii) Though conciliation, arbitration and mediation are sources for the settlement of disputes, each one is different. Explain.
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3. (iii) In arbitration the ultimate power is in the hands of the parties. Express your opinion.
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4. (iv) Section 34 of the Arbitration and Conciliation Act, 1996 gives justice to parties even after the declaration of an award. How?
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5. (v) Explain the concept of Lok Adalat.
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6. (vi) Explain the essential conditions of a Valid and Final Award.
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