LLB 3 Years Sem 6 Alternate Dispute Resolution System Oct 2024 ADR 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Q1 Answer in one or two sentences each (Any Six) 12 marks
   • a. What is the difference between arbitration and mediation?
   • b. What are the essentials of a valid arbitration agreement?
   • c. Who is a Presiding Arbitrator?
   • d. What is a consent award?
   • e. Can an appeal lie from an arbitral award? Why?
   • f. Which international conventions deals with the enforcement of foreign awards in India?
   • g. State the objectives of the Legal Services Authorities Act, 1987
   • h. What are maximum number of arbitrators that can be appointed on an arbitral tribunal?
   • i. What is the time limit within which fast:track arbitration must be completed?
   • J. What is the principle of party autonomy in arbitration?
2. Q2 Write Short Notes on (any two) 12 marks
   • a. Role of Conciliator
   • c. Termination of Arbitral Proceedings
   • d. Interim measures by the Arbitral Tribunal
3. Q3 Answer any two of the following 3 12 marks
   • a. Mr. Harish is appointed as the Sole Arbitrator for a dispute between Mr. Luvesh and Ms Shreya. After two hearings, Ms. Shreya gets to know that Mr. Harish is a lawyer in the same law firm that is representing Mr. Luvesh
   • i. Can Mr. Harish act as an Arbitrator?
   • ii. What recourse does Ms. Shreya have?
   • b. Mr. Jayesh sends a written invitation to Mr. Karan regarding appointment of conciliator. Mr Karan accepts the invitation and asks a few questions. Advice Mr. Jayesh on the same:
   • i. What is the maximum number of conciliator’s that can be appointed? li. How and where does the communication between the conciliator and the parties takes
   • c. Arbitration proceedings have commenced between A and B. A fears that B shall alienate or deal with the disputed property in manner which shall be detrimental to the interests of A and therefore, A wishes to obtain an injunction
   • i. Can A approach a Court for an injunction?
   • ii. Distinguish between the powers of the Court and the Arbitral Tribunal in granting
   • d. Ria and Priya have agreed to settle their dispute through a Lok Adalat. The Lok Adalat makes
   • i. Can the award given by the Lok Adalat be challenged?
   • ii. What are the powers of the Lok Adalat?
4. Q4 Answer any two of the following in detail 24 marks
   • a. What is an arbitral award? Discuss in detail the grounds on which an arbitral award can be set
   • b. What is a Permanent Lok Adalat? Discuss in detail the procedure, jurisdiction, and award of
   • c. Discuss in detail the provisions governing conduct of arbitral proceedings
   • d. What do you mean by Alternative Dispute Resolution (ADR)? State its advantages and distinguish between the various methods of ADR
5. Q2 fear ii) 12 marks
   • i) sired
   • ii) AS Rear are aa ii)

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