LLB 3 Years Sem 6 Alternate Dispute Resolution System Nov 2023 ADR 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Q1 Answer in one or two sentences. (6 out of 10) 12 marks
   • 1. What is the nature of A.D.R. system?
   • 2. What is Good Office?
   • 3. What is Permanent Lok Adalat?
   • 4. What is the role of Conciliator?
   • 5. What is Mediation?
   • 6. What is Alternative Dispute Resolution?
   • 7. What is Settlement Agreement?
   • 8. What do you mean by Arbitral Tribunal?
   • 9. What do you mean by Foreign Award?
   • 10. Write any two qualifications of an arbitrator
2. Q2 Write short notes (any two) of the following. 12 marks
   • 1. Forms and content of Arbitral Award
   • 3. Interim measures by the court
   • 4. Appointment of Conciliator
3. Q3 Solve (any two) of the following. 12 marks
   • a) Disputes arose between parties. Arbitrator was appointed. However, subsequently the appointment of Arbitrator and his jurisdiction was challenged by invoking section 11 of the Act, section 16 specially provides that the Arbitral Tribunal is competent to rule on its own
   • (i) Having made an appointment of the Arbitrator, will it be within the province of the proceedings u/s. 11 to decide as to whether theArbitrator has jurisdiction to act or not? (i1)Does an appeal lie against the ruling of the Arbitral Tribunal u/s. 16 upholding the absence of
   • b) In a dispute which has arisen between the parties, an arbitrator duly appointed by parties gave Award. A Petition u/sec. 34 for Setting Aside the Award was filed before the Principle Sub-Court Bhopal, which gave judgment confining Award
   • (i) Is the Judgment passed by the Judge, liable to be Set Aside
   • ii) Whether question relating to lack of jurisdiction be raised at the stage of execution or before the Appellate Court?
   • c) Arbitration proceedings is going on between the parties
   • 1) Explain the nature of proceedings before the arbitrator
   • 2) Whether to follow the principles of natural justice are binding during arbitral proceeding?
   • d) In a lease Agreement entered for a period of five years commencing from 21/12/1998, disputes arose between parties matter referred to Arbitrator, who gave Award, after hearing both the parties under section 34 the petitioner sought to set aside the Award on the plea that the Arbitration Clause refers to Arbitration Act, 1940 as such Lease Agreement is not legally valid and the Award passed was without jurisdiction
   • (a) Is the plea of the petitioner legally valid and maintainable
   • (b) Give the statutory provision on the issue
   • (c)Give if any, in support of your
4. Q4 Answer the following any two. 24 marks
   • 1. What are the provisions relating to Correction, Interpretation and Additional Award?
   • 3. Explain the special features of the Geneva Convention
   • 4. Write various salient features of the Arbitration and Conciliation Act,1996. Explain in detail
   • ii) HT?
   • b) fear ii)
   • c) TS Ale
   • a) Sa
   • b) at AT
5. Q4 SAT ST
   • A. wy

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