LL.B. (Three Years) Sem 6 Alternate Dispute Resolution System May 2016 Question Paper - Mumbai University | munotes

Questions asked in this paper

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

1. (a) Which disputes are arbitrable?
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2. (b) When is an award considered a foreign award?
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3. (c) Who is a presiding arbitrator?
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4. (d) What is the date of commencement of an Arbitral Proceeding?
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5. (e) What is a non-speaking award?
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6. (f) How many conciliators can be appointed by a party?
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7. (g) What is lien on award?
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8. (h) Which cases are submitted to Lok Adalat?
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9. (i) Is the arbitration agreement discharged by the death of either party?
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10. (j) What should be the nationality of an arbitrator?
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Q.2 Q.2: Write short notes on any four (20 Marks - 5 marks each)

1. (a) Termination of arbitration proceedings.
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2. (b) Arbitral award.
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3. (c) Appointment of arbitrator.
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4. (d) Settlement agreement.
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5. (e) Working process of Lok Adalat.
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6. (f) Salient features of the Arbitration and Conciliation Act, 1996.
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Q.3 Q.3: Solve any two (12 Marks - 6 marks each)

1. (1) During the conciliation procedure between the parties, 4 settlement agreements were drawn, out of which two were authenticated by the conciliator. (a) What is the status of the 4 settlement agreements between the parties? (b) Can a party submit the same dispute to an arbitrator during the pendency of the conciliation proceedings? (c) What is the remedy available to a party if the conciliation proceedings do not have a successful end?
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2. (2) There was an arbitration agreement between Ajay and Atul. Mr. Atul appoints an arbitrator and informs Ajay accordingly. Many disputes were settled by the arbitrator and awarded accordingly. After the declaration of the award Ajay raises an objection and makes an application for setting aside the award because (1) a few disputes were not mentioned in the arbitration agreement, and (2) a valid notice of the appointment of the arbitrator was not issued to him. (a) Can the whole award be set aside? (b) Can Ajay raise an objection to the appointment of the arbitrator at the stage of execution of the award? (c) What is Waiver?
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3. (3) An arbitration agreement was drawn between the parties and they decided to appoint a sole arbitrator. When a dispute arises between the parties, the other party fails to appoint an arbitrator within the prescribed time. (a) Is the right of the 2nd party to appoint an arbitrator forfeited in the above case? (b) What is the time limit for the other party for appointing an arbitrator? (c) What is the remedy available to the other party if the 2nd party fails to appoint an arbitrator?
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Q.4 Q.4: Answer any four of the following (48 Marks - 12 marks each)

1. (a) Role of the arbitration agreement in the arbitration procedure.
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2. (b) State the forms and contents of an arbitral award.
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3. (c) Importance of Lok Adalat in the judicial system.
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4. (d) "The Arbitration Act, 1996 is not limited to India." Explain.
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5. (e) Explain the role of the court in arbitration proceedings.
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6. (f) Explain in detail the conciliation procedure.
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