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

Questions asked in this paper

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

1. Q1 Whether the signature of an arbitrator is necessary in an arbitration agreement?
2. Q2 What is contractual Arbitration?
3. Q3 State the essential conditions to constitute international commercial arbitration.
4. Q4 What is the maximum number of arbitrators that can be appointed by the parties?
5. Q5 Who is a presiding arbitrator?
6. Q6 What is a consent award?
7. Q7 When is it not mandatory to give reasons for an Arbitral award?
8. Q8 Which court is empowered to set aside an award declared in an international commercial arbitration?
9. Q9 Which date is considered the commencement of conciliation proceedings?
10. Q10 What is a settlement agreement?

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

1. Q11 Role of Court in the Arbitration and Conciliation Act, 1996.
2. Q12 Appointment of an arbitrator.
3. Q13 Advantages of Lok Adalat.
4. Q14 Conventional award.
5. Q15 Differences between arbitration and conciliation.
6. Q16 Termination of arbitration proceedings.

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

1. Q17 During the course of business it was orally agreed between Akshay and Nihar to refer to arbitration any dispute that occurs. Accordingly a clause was included in the business contract: "Parties should prefer settlement if any dispute arises during business". Nihar referred the dispute to a court of law because the clause in the contract did not indicate the appointment of an arbitrator. Akshay refers to the oral agreement between them. (i) Can the above clause be considered an arbitration agreement? (ii) Can the oral agreement be considered an arbitration agreement? (iii) Whether the court can be approached to decide whether the written clause is an arbitration agreement or not? In which court?
2. Q18 As one of the parties is not satisfied with an award declared by an arbitrator, he submits the dispute to a court of law along with some other dispute between the same parties. (i) Can a party do so? Why? (ii) What is the remedy available to the party in the above situation? (iii) In which court should the party refer the matter?
3. Q19 At the request of one of the parties, a suit was referred to the Lok Adalat without giving an opportunity of being heard to the other party. As settlement did not take place between the parties, no award was made by the Lok Adalat. (i) Can the Court refer the matter to the Lok Adalat without giving an opportunity of being heard to the other party? Under which section? (ii) What is the remedy available to the parties if there is no settlement of the dispute in the Lok Adalat? (iii) Is the award appealable?

SECTION IV - Q.4: Write essay type answers on any four (48 Marks - 12 marks each)

1. Q20 Explain the grounds for setting aside an award.
2. Q21 Discuss briefly the provisions governing the conduct of arbitral proceedings.
3. Q22 Initially the power to appoint an arbitrator is in the hands of the parties, but the court also has power. Explain.
4. Q23 The responsibility of Lok Adalat in the judiciary is increasing day by day. Explain.
5. Q24 Explain International Arbitration.
6. Q25 Conciliation is a simple and important instrument for the settlement of a dispute between the parties.

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