LL.B. (Three Years) Sem 6 Alternate Dispute Resolution System Nov 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) Whether the signature of both parties is essential for an arbitration agreement?
   Read the model answer
2. (b) What is the status of an oral arbitration agreement?
   Read the model answer
3. (c) What is ad-hoc arbitration?
   Read the model answer
4. (d) Whether res judicata is applicable to an arbitration award?
   Read the model answer
5. (e) What is mediation?
   Read the model answer
6. (f) What is conciliation?
   Read the model answer
7. (g) When does an arbitral award become a final award?
   Read the model answer
8. (h) Name two important international Conventions under the Arbitration and Conciliation Act, 1996.
   Read the model answer
9. (i) What is a settlement agreement?
   Read the model answer
10. (j) What is the status of an award of Lok Adalat?
    Read the model answer

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

1. (a) Difference between arbitration and conciliation.
   Read the model answer
2. (b) Conciliation Procedure.
   Read the model answer
3. (c) Correction, interpretation and addition of arbitration award.
   Read the model answer
4. (d) Role of court in the appointment of an arbitrator.
   Read the model answer
5. (e) Importance of Lok Adalat.
   Read the model answer
6. (f) Status of an arbitration clause in a Contract.
   Read the model answer

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

1. (1) 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?
   Read the model answer
2. (2) 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?
   Read the model answer
3. (3) 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?
   Read the model answer

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

1. (a) When can an award be set aside?
   Read the model answer
2. (b) Explain in detail the Arbitral Tribunal.
   Read the model answer
3. (c) Importance of Lok Adalat in the judicial system.
   Read the model answer
4. (d) The conciliation procedure plays an important role in the settlement of disputes.
   Read the model answer
5. (e) Explain foreign award and conventional award with the help of two important conventions.
   Read the model answer
6. (f) When and how do arbitration proceedings get terminated?
   Read the model answer

Read from the scan above, so a character or two may differ. The scan is the original.