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

Questions asked in this paper

SECTION I - Q.1: Answer in one or two sentences each (20 Marks - 2 marks each)

1. Q1 What does Arbitration agreement mean?
2. Q2 What is the status of an arbitral award in the judicial process?
3. Q3 What is an arbitrable dispute?
4. Q4 What is the nationality of an arbitrator?
5. Q5 What is de jure and de facto impossibility to act for an arbitrator?
6. Q6 Which is the place of an arbitration?
7. Q7 What is a consent award?
8. Q8 State the expenses included in the cost of arbitration.
9. Q9 What is conciliation?
10. Q10 What is Lok Adalat?

SECTION II - Q.2: Write short notes on (any 4) (20 Marks - 5 marks each)

1. Q11 State the salient features of the Arbitration and Conciliation Act, 1996.
2. Q12 International commercial Arbitration.
3. Q13 Appointment of an arbitrator by court.
4. Q14 Termination of arbitral proceedings.
5. Q15 Difference between arbitration and conciliation.
6. Q16 Commencement of conciliation proceedings.

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

1. Q17 As the dispute arises, Mr. B requests Mr. A for the appointment of an arbitrator, but the arbitration agreement fails to make provision for the number of arbitrators. (1) How many arbitrators can be presumed in the above case? (2) State the remedy of Mr. B if Mr. A fails to appoint an arbitrator. (3) Mr. A and Mr. B agree to appoint 3 arbitrators but fail to agree on the procedure for appointing the arbitrators. Advise Mr. A and B.
2. Q18 An arbitration agreement existed between Mr. X and Mr. Y for some dispute. After having a dispute, Mr. Y, without informing Mr. X, submits the dispute to an arbitrator. (1) Can Mr. Y do so? Advise Mr. X. (2) What will be the effect on the arbitration procedure if Mr. X fails to communicate his statement of defence to the arbitrator? (3) An Arbitrator, without giving sufficient notice to Mr. X, declares an ex-parte award. Advise Mr. X.
3. Q19 Parties in a dispute are willing to appoint a conciliator for the settlement of the dispute, but they have some queries. Advise them. (1) Who is a conciliator? (2) What is a settlement agreement? (3) What is the judicial status of a settlement agreement?

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

1. Q20 Explain the procedure of Lok Adalat.
2. Q21 Explain the process of settlement of a dispute with the help of a conciliator.
3. Q22 What is a conventional award? Explain it with the help of two important conventions.
4. Q23 When and how can an arbitral award be challenged?
5. Q24 State the importance of an arbitration agreement in an arbitration process.
6. Q25 When does an award become final?

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