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

Questions asked in this paper

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

1. Q1 Whether the signature of both parties is essential for an arbitration agreement?
2. Q2 What is the status of an oral arbitration agreement?
3. Q3 What is ad-hoc arbitration?
4. Q4 Whether res judicata is applicable to an arbitration award?
5. Q5 What is mediation?
6. Q6 What is conciliation?
7. Q7 When does an arbitral award become a final award?
8. Q8 Name two important international Conventions under the Arbitration and Conciliation Act, 1996.
9. Q9 What is a settlement agreement?
10. Q10 What is the status of an award of Lok Adalat?

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

1. Q11 Difference between arbitration and conciliation.
2. Q12 Conciliation Procedure.
3. Q13 Correction, interpretation and addition of arbitration award.
4. Q14 Role of court in the appointment of an arbitrator.
5. Q15 Importance of Lok Adalat.
6. Q16 Status of an arbitration clause in a Contract.

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

1. Q17 XYZ Co. appoints Mr. A as an arbitrator and submits 4 disputes to him. After the settlement of two disputes, but before writing an award, Mr. A shows his unwillingness to work with the Co. and gives a letter accordingly. XYZ Co. appoints Mr. B as an arbitrator. (a) Can the arbitrator Mr. A do so? (b) Whether the new arbitrator Mr. B should start with a new procedure or continue with the earlier one? (c) Whether the arbitrator Mr. A can demand payment for his work?
2. Q18 An Indian Company makes a contract with Mr. Lobin from Britain as consulting officer in India. An arbitration clause is also included in the contract. After a few months a dispute arose between them. Mr. Goli from Britain was appointed as arbitrator. The award was drawn in Delhi according to the law of India. (a) Whether the award is a foreign award? Why? (b) Whether consulting services are covered under the term commercial relationship? (c) If an award takes place in a non-convention country, then what type of award will it be?
3. Q19 An arbitrator declares an award on a subject matter which was not mentioned in the arbitration agreement. Both parties, having knowledge of this fact, provide information to the arbitrator. At the time of enforcement of the award, an objection was raised by one of the parties, which also refuses to pay the arbitrator. (a) Is the objection raised by one of the parties sustainable? (b) Can the award in the above case be considered a valid award if the objection was not raised by the party? (c) What is the limitation period to apply for setting aside an arbitral award?

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

1. Q20 When can an award be set aside?
2. Q21 Explain in detail the Arbitral Tribunal.
3. Q22 Importance of Lok Adalat in the judicial system.
4. Q23 The conciliation procedure plays an important role in the settlement of disputes.
5. Q24 Explain foreign award and conventional award with the help of two important conventions.
6. Q25 When and how do arbitration proceedings get terminated?

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