LL.B. (Three Years) Sem 6 Alternate Dispute Resolution System May 2023 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

SECTION I - Q.1: Answer in one or two sentences (6 out of 10) (12 Marks - 2 marks each)

1. Q1 Write any two salient features of the Arbitration and Conciliation Act, 1996.
2. Q2 What do you mean by Arbitration Award?
3. Q3 What is the nature of Arbitration?
4. Q4 What is the role of the Conciliator?
5. Q5 What is the nature of the A.D.R. system?
6. Q6 What is Conciliation?
7. Q7 What do you mean by Lok Adalat?
8. Q8 What is Mediation?
9. Q9 What are the minimum and maximum number of arbitrators permitted to be appointed on an arbitral tribunal?
10. Q10 Whether the provisions of the C.P.C. and the Indian Evidence Act are binding on Arbitration?

SECTION II - Q.2: Write short notes (any two) of the following (12 Marks - 6 marks each)

1. Q11 Advantages of Mediation.
2. Q12 Settlement agreement.
3. Q13 Additional Award.
4. Q14 Challenge to an arbitrator's appointment.

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

1. Q15 In ancient India, disputes were resolved by 5 panchas in various villages. These 5 persons were mostly known as "Pancha mukhi parmeshwar" in olden days. (1) Which present type of peaceful settlement of disputes was used in ancient India? (2) State the difference between Arbitration and Conciliation.
2. Q16 Arbitration proceedings are going on between the parties. (1) Explain the nature of the proceedings before the arbitrator. (2) Whether the principles of natural justice are binding during arbitral proceedings?
3. Q17 Rajiv and Meena are both willing to tackle their dispute through the Lok Adalat, and they did accordingly. (1) Whether the award given by the Lok Adalat can be challenged? (2) Explain the importance of Lok Adalat.
4. Q18 Harpreet has been appointed as an arbitrator regarding the dispute between Surinder and Maninder. Harpreet is the maternal uncle of Maninder. (1) Whether Harpreet can act as an arbitrator here? Kindly explain your opinion. (2) Explain the procedure regarding the appointment of arbitrators.

SECTION IV - Q.4: Answer any two of the following (24 Marks - 12 marks each)

1. Q19 Explain: "The concept and object of Lok Nyayalaya is to bring justice to the doorsteps of the needy."
2. Q20 Write the various salient features of the Arbitration and Conciliation Act, 1996. Explain in detail the Conciliation procedure.
3. Q21 Explain how the Arbitration system is better and more convenient than other systems of settling disputes.
4. Q22 State the grounds for setting aside an arbitral award and discuss any four of them.

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