LL.B. (Three Years) Sem 6 Alternate Dispute Resolution System Jun 2018 Question Paper - Mumbai University | munotes

Questions asked in this paper

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

1. (a) How many Arbitrators can be appointed according to the Arbitration and Conciliation Act, 1996?
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2. (b) Name the two statutes dealing with ADR.
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3. (c) Which are the two international Conventions dealt with by the A and C Act, 1996?
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4. (d) Is the Arbitrator required to be an Indian under the A and C Act, 1996?
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5. (e) What is the legal effect of an award made by a Lok Adalat?
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6. (f) What is the Statement of Claim and Defence in Arbitration?
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7. (g) What is a Lien on Arbitral Award?
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8. (h) What is the Fast Track procedure in Arbitration?
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9. (i) Within how many days can an Additional Award be given by an Arbitrator?
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10. (j) Is the Limitation Act applicable to Arbitration Proceedings?
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Q.2 Q.2: Write short notes on any four (20 Marks - 5 marks each)

1. (1) Arbitral tribunal.
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2. (2) Appointment of an arbitrator by parties.
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3. (3) Difference between arbitration and conciliation.
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4. (4) Alternative means of settlement of disputes.
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5. (5) Importance of Lok Adalat.
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6. (6) Role of conciliator.
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Q.3 Q.3: Solve any two problems with reasons (12 Marks - 6 marks each)

1. (a) Mr. Q, Mr. X and Mr. Z are the three arbitrators appointed by the parties in dispute. They sign an award and demand the cost of arbitration. (1) How many arbitrators should sign the award? (2) What are the powers of an arbitral tribunal for fixation of the cost of arbitration? (3) What does cost include?
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2. (b) Mr. P sends a written invitation to Mr. Q regarding the appointment of a conciliator. Mr. Q, accepting the invitation, asks some questions. Advise Mr. Q on the same. (1) What is the maximum number of conciliators that can be appointed? (2) How and where will the communication between the conciliator and the parties take place? (3) What is the duty of the conciliator if he receives any factual information from either party?
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3. (c) Mr. K submitted a statement of claim and Mr. Z submitted a statement of defence to an arbitrator. Mr. K withdraws his statement during the arbitral procedure. (1) Can Mr. K do so? What will be the effect? (2) Can Mr. Z insist on arbitration after the withdrawal of the statement of claim? (3) Can the arbitral tribunal terminate the procedure without the declaration of an award?
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Q.4 Q.4: Answer any four from the following (48 Marks - 12 marks each)

1. (1) Explain the concept of foreign award with the help of two conventions.
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2. (2) Explain the procedure and power of the conciliator for the settlement of disputes.
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3. (3) How is an Arbitrator appointed?
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4. (4) What are the contents of an Arbitral award?
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5. (5) What is setting aside of an arbitral award?
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6. (6) Explain the procedure of Lok Adalat.
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