LLB 3 Years Sem 6 Alternate Dispute Resolution System May 2017 ADR Question Paper - Mumbai University | munotes

Questions asked in this paper

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1. Q1 | Answer in two to three lines A What is full form of UNCITRAL? B What is an institutional arbitration? C the validity of an arbitration agreement depend upon number of arbitrations? D Who appoints a presiding arbitrator? E Whether the signatures of both parties are necessary for an arbitration agreement? F What is consent award? G When registration of an award is compulsory? H What is lien of award? Who is mediator? 20 marks
2. Q2 Write short notes (any four) 2 Appointment of an arbitrator by court 3 Difference between arbitration and conciliation 4 Forms & contents of arbitral award 5 Termination of arbitral proceeding 6 Need of alternate dispute resolution 20 marks
3. Q3 Solve any two 1 Mr, Prabhu’s name was mentioned as an arbitrator in the arbitration agreement between the parties. After having an dispute parties appointed Mr. Arun as an arbitrator. After few months Mr. Arun shows his unwillingness to work so both parties appointed Mr. Shulka as an arbitrator 12 marks
   • A) Can Mr. Prabhu takes any action against parties? Why?
   • B) Can Mr. Arun submit his resignation during arbitration procedure?+
   • C) Whether Mr. Shulka has to work from initial stage of arbitration? 2 Mr Z appointed as an arbitrator by Mr C and Mr. D for the settlement of dispute. Mr. Z has some personal relations with Mr C an award was declared by Mr Z on the basis of some personal information which he get it from Mr.C
   • Q.P. Code :09156
   • A) Can Mr. Z declare an award on the basis of personal information?
   • B) Whether there is any breach of duty from Mr.Z
   • C) What are remedies available to Mr.D 3 On 1* of June Mr. P to initiate conciliation send a written invitation to Mr. Q but Mr. P does not receive a reply till 10” of June. So he elected to treat it as rejection of conciliation and decided to go to court. On 20" Jurie Mr. his assent for conciliation
   • A) What is a date of commencement of conciliation proceeding in the above case?
   • B) According to arbitration and conciliation act 1996 how many days Mr. should wait for reply?
   • C) Can Mr. P denies for conciliation after receiving assent from Mr. Q?
4. Q4 the following questions any 4 1 the forms and contents of arbitration agreement 2 Explain the importance of Lok-adalat in judicial work State the jurisdiction of arbitral tribunal? f 4 State the procedure and importance of settlement agreement? 5 When award is considered as final award? 6 Explain foreign award with help of two conventions 48 marks
   • Q.P. Code :09156 Please check whether you have got the right question paper
   • Q.P. Code :09156 it
5. Q3 eA?
6. Q2 are edt?
7. Q3 at aH

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