LL.B. (Five Years) Sem 10 Alternate Dispute Resolution System Nov 2022 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 What do you mean by Arbitral Tribunal?
2. Q2 What is the main object of the Arbitration and Conciliation Act, 1996?
3. Q3 What is Arbitration?
4. Q4 What is the language of the arbitral proceedings?
5. Q5 What is a settlement agreement?
6. Q6 What is Mediation?
7. Q7 What is the main object behind the establishment of Lok Adalats?
8. Q8 What is Negotiation?
9. Q9 What is Alternative Dispute Resolution?
10. Q10 Write any two qualifications of an Arbitrator.

SECTION II - Q.2: Short notes on the following (any two) (12 Marks - 6 marks each)

1. Q11 Foreign awards.
2. Q12 Forms and contents of Arbitral Award.
3. Q13 Appointment of Conciliators.
4. Q14 Advantages of Mediation.

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

1. Q15 Neeraj knows that the arbitrator appointed by Aman is not qualified to act as per the arbitration agreement, but without raising any objection he takes part in the proceedings. (i) Which principle is applicable here? Kindly explain it. (ii) What is the difference between Waiver and Estoppel?
2. Q16 Arbitration proceedings are going on between the parties. The parties to the dispute are willing to resolve the problem among themselves. (i) Whether the parties are eligible to resolve the dispute between themselves? (ii) State and explain the principle stated here.
3. Q17 Harpreet has been appointed as an arbitrator regarding the dispute between Surinder and Maninder. Harpreet is the maternal uncle of Maninder. (i) Whether Harpreet can act as an arbitrator here? Kindly explain your opinion. (ii) Explain the procedure regarding the appointment of arbitrators.
4. Q18 A motor accident claim petition is referred to the Lok Adalat by the parties. The matter is settled and an award is given by the Lok Adalat. (i) Explain the importance of the award given by the Lok Adalat. (ii) Do you feel that the award given by the Lok Adalat is final and binding upon the parties?

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

1. Q19 Discuss the powers, duties and obligations of the arbitral tribunal.
2. Q20 Explain the concept of Lok Adalat. What do you mean by Permanent Lok Adalat?
3. Q21 State the grounds for setting aside an arbitral award and discuss any two of them.
4. Q22 Explain in detail the Conciliation procedure.

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