LLB 3 Years Sem 6 Alternate Dispute Resolution System Jan 2018 ADR Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Q2 All questions carry equal marks
2. Q1 Answer in one or two sentence each 20 marks
   • (a) What does Arbitration agreement mean ?
   • (b) What is a status of an arbitral award in judicial process ?
   • (c) What is arbitrable dispute ?
   • (d) What is the nationality of an arbitrator ?
   • (e) What is de jure and de facto impossibility to act for an arbitrator ?
   • (f) Which is a place of an arbitration ?
   • (g) What is consent award ?
   • (h) State the expenses included in cost of arbitration
   • (i) What is conciliation ?
3. Q2 Write short notes on (any 4) 20 marks
   • (a) State salient features of Arbitration and conciliation act 1996
   • (c) Appointment of an arbitration by court
   • (d) Termination of arbitral proceedings
   • (e) Difference between arbitration and conciliation,
   • (f) Commencement of conciliation proceedings
4. Q3 Solve any two :— 12 marks
   • (a) As the dispute arises Mr. B Requests Mr. A for an appointment of an arbitrator, but an arbitration agreement fails to make provision for the number of
   • (1) How many number of arbitrators can be presume in above case ?
   • (2) State remedy to Mr. B if Mr. A fails to appoint an arbitrator
   • (3) IfMr. Aand Mr. B agrees to appoint 3 arbitrators but fails to agree on procedure for appointing the arbitrator. Advice Mr. A and B
   • (b) An arbitration agreement was existed between Mr. X and Mr. Y for some dispute. After having a dispute Mr. Y without informing to Mr. X submit the dispute to an arbitrator
   • (1) Can Mr. Y do so ? Advice Mr. X
   • (2) What will be the effect on arbitration procedure if Mr. X fails to communicate his statement of defence to an arbitrator
   • (3) An Arbitrator without giving sufficient notice to Mr, X declares an
   • (c) Parties in a dispute willing to appoint a conciliator for settlement of dispute but they have some queries. advice them
   • (1) Who is conciliator ?
   • (2) What is settlement agreement ?
   • (3) What is judicial status of settlement agreement
5. Q4 Answer any four from the following :— 48 marks
   • (a) Explain the procedure of Lok Adalat
   • (b) Explain the process of settlement of dispute with help of conciliator,
   • (c) What is conventional award ? Explain it with help of two important
   • (d) When and how can an arbitral award be challenge ? State the importance of an arbitration agreement in an arbitration process
   • (f) When an award becomes final ?
   • (4) a St
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