LL.B. (Three Years) Sem 6 Alternate Dispute Resolution System Apr 2024 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

SECTION I - Q.1: Answer in one or two sentences each (any six) (12 Marks - 2 marks each)

1. Q1 When does the procedure of arbitration end?
2. Q2 What are good offices?
3. Q3 What is the full form of UNCITRAL?
4. Q4 Who is a Mediator?
5. Q5 When is registration of an award compulsory?
6. Q6 What is the Fast Track procedure in Arbitration?
7. Q7 What is a consent award?
8. Q8 Why are Lok Adalats constituted?
9. Q9 What is a foreign award?
10. Q10 Who is a presiding Arbitrator?

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

1. Q11 Conciliation Procedure.
2. Q12 Need of Alternative Dispute Resolution.
3. Q13 New York Convention.
4. Q14 Arbitral Tribunal.

SECTION III - Q.3: Situational problems (any two) (12 Marks - 6 marks each)

1. Q15 Mr. Aman is appointed as an arbitrator by B and C to settle their disputes. Mr. Aman and his wife Reema invest in B's Company. Mr. Aman gives a verdict in favour of B. C discovers this two weeks after the Award. Can C ask for setting aside of the award? Discuss in detail along with the legal provisions under the Arbitration and Conciliation Act, 1996.
2. Q16 In an agreement between a publisher and an author it was provided that the dispute shall be referred to the arbitration of two arbitrators. After the dispute arose, the author by a legal notice nominated Mr. X as the sole arbitrator. Relying on the arbitration clause, the publisher nominated Mr. Y as the arbitrator. The author filed an application under section 11 of the Arbitration and Conciliation Act, 1996 for the appointment of a sole arbitrator on the ground that he cannot afford arbitration by two arbitrators, as it will be very costly. Decide.
3. Q17 Mrs. Priya filed a suit in the court against Mr. Raj, but the court has referred it to the Lok Adalat. However, Mrs. Priya does not want to settle it in the Lok Adalat. (1) Can the Court refer a case for settlement in the Lok Adalat? (2) What are the various modes of settlement of disputes outside the Court? (3) Can Mrs. Priya challenge the court's decision about the reference to the Lok Adalat? Why?
4. Q18 Mr. Raj sends a written invitation to Mr. Jay regarding the appointment of a conciliator. Mr. Jay, accepting the invitation, asks some questions. Advise Mr. Jay on the same. (1) What is the maximum number of conciliators that can be appointed? (2) How and where does the communication between the conciliator and the parties take place? (3) What is the role of the conciliator?

SECTION IV - Q.4: Essay type questions (any two) (24 Marks - 12 marks each)

1. Q19 Distinguish between Arbitration and Conciliation.
2. Q20 When does a Foreign award become binding on the parties to the arbitration?
3. Q21 State the importance of Lok Adalat in the Judicial System.
4. Q22 Examine the advantages and limitations of the Alternative Dispute Resolution System.

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