LL.B. (Three Years) Sem 6 Alternate Dispute Resolution System May 2017 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: 1. All questions are compulsory. 2. Figures to the right indicate full marks.

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

1. (A) What is the full form of UNCITRAL?
   Read the model answer
2. (B) What is an institutional arbitration?
   Read the model answer
3. (C) Does the validity of an arbitration agreement depend upon the number of arbitrators?
   Read the model answer
4. (D) Who appoints a presiding arbitrator?
   Read the model answer
5. (E) Whether the signatures of both parties are necessary for an arbitration agreement?
   Read the model answer
6. (F) What is a consent award?
   Read the model answer
7. (G) When is registration of an award compulsory?
   Read the model answer
8. (H) What is lien on award?
   Read the model answer
9. (I) Who is a mediator?
   Read the model answer
10. (J) Why are Lok Adalats constituted?
    Read the model answer

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

1. (1) Foreign award.
   Read the model answer
2. (2) Appointment of an arbitrator by court.
   Read the model answer
3. (3) Difference between arbitration and conciliation.
   Read the model answer
4. (4) Forms and contents of arbitral award.
   Read the model answer
5. (5) Termination of arbitral proceedings.
   Read the model answer
6. (6) Need of alternate dispute resolution.
   Read the model answer

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

1. (1) Mr. Prabhu's name was mentioned as an arbitrator in the arbitration agreement between the parties. After having a dispute, the parties appointed Mr. Arun as an arbitrator. After a few months Mr. Arun shows his unwillingness to work, so both parties appointed Mr. Shulka as an arbitrator. (A) Can Mr. Prabhu take any action against the parties? Why? (B) Can Mr. Arun submit his resignation during the arbitration procedure? (C) Whether Mr. Shulka has to work from the initial stage of the arbitration?
   Read the model answer
2. (2) Mr. Z was appointed as an arbitrator by Mr. C and Mr. D for the settlement of a 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 got from Mr. C. (A) Can Mr. Z declare an award on the basis of personal information? (B) Whether there is any breach of duty by Mr. Z? (C) What are the remedies available to Mr. D?
   Read the model answer
3. (3) On 1st June Mr. P, to initiate conciliation, sends a written invitation to Mr. Q, but Mr. P does not receive a reply till 10th June. So he elects to treat it as a rejection of conciliation and decides to go to court. On 20th June Mr. Q sends his assent to conciliation. (A) What is the date of commencement of the conciliation proceedings in the above case? (B) According to the Arbitration and Conciliation Act, 1996, how many days should Mr. P wait for a reply? (C) Can Mr. P refuse conciliation after receiving the assent from Mr. Q?
   Read the model answer

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

1. (1) State the forms and contents of an arbitration agreement.
   Read the model answer
2. (2) Explain the importance of Lok Adalat in judicial work.
   Read the model answer
3. (3) State the jurisdiction of the arbitral tribunal.
   Read the model answer
4. (4) State the procedure for and importance of the settlement agreement.
   Read the model answer
5. (5) When is an award considered a final award?
   Read the model answer
6. (6) Explain foreign award with the help of two conventions.
   Read the model answer

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