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.

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

1. Q1 What is the full form of UNCITRAL?
2. Q2 What is an institutional arbitration?
3. Q3 Does the validity of an arbitration agreement depend upon the number of arbitrators?
4. Q4 Who appoints a presiding arbitrator?
5. Q5 Whether the signatures of both parties are necessary for an arbitration agreement?
6. Q6 What is a consent award?
7. Q7 When is registration of an award compulsory?
8. Q8 What is lien on award?
9. Q9 Who is a mediator?
10. Q10 Why are Lok Adalats constituted?

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

1. Q11 Foreign award.
2. Q12 Appointment of an arbitrator by court.
3. Q13 Difference between arbitration and conciliation.
4. Q14 Forms and contents of arbitral award.
5. Q15 Termination of arbitral proceedings.
6. Q16 Need of alternate dispute resolution.

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

1. Q17 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?
2. Q18 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?
3. Q19 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?

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

1. Q20 State the forms and contents of an arbitration agreement.
2. Q21 Explain the importance of Lok Adalat in judicial work.
3. Q22 State the jurisdiction of the arbitral tribunal.
4. Q23 State the procedure for and importance of the settlement agreement.
5. Q24 When is an award considered a final award?
6. Q25 Explain foreign award with the help of two conventions.

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