LL.B. (Five Years) Sem 10 Alternate Dispute Resolution System Nov 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 What is the nature of the A.D.R. system?
2. Q2 What is Good Office?
3. Q3 What is Permanent Lok Adalat?
4. Q4 What is the role of the Conciliator?
5. Q5 What is Mediation?
6. Q6 What is Alternative Dispute Resolution?
7. Q7 What is a Settlement Agreement?
8. Q8 What do you mean by Arbitral Tribunal?
9. Q9 What do you mean by Foreign Award?
10. Q10 Write any two qualifications of an arbitrator.

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

1. Q11 Forms and contents of Arbitral Award.
2. Q12 New York Convention.
3. Q13 Interim measures by the court.
4. Q14 Appointment of Conciliator.

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

1. Q15 Disputes arose between the parties. An Arbitrator was appointed. However, subsequently the appointment of the Arbitrator and his jurisdiction were challenged by invoking section 11 of the Act; section 16 specially provides that the Arbitral Tribunal is competent to rule on its own jurisdiction. (i) Having made an appointment of the Arbitrator, will it be within the province of the proceedings u/s 11 to decide whether the Arbitrator has jurisdiction to act or not? (ii) Does an appeal lie against the ruling of the Arbitral Tribunal u/s 16 upholding the absence of jurisdiction?
2. Q16 In a dispute which has arisen between the parties, an arbitrator duly appointed by the parties gave an Award. A petition u/s 34 for setting aside the Award was filed before the Principal Sub-Court, Bhopal, which gave a judgment confirming the Award. (i) Is the Judgment passed by the Judge liable to be set aside? (ii) Can the question relating to lack of jurisdiction be raised at the stage of execution or before the Appellate Court?
3. Q17 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?
4. Q18 In a lease Agreement entered into for a period of five years commencing from 21/12/1998, disputes arose between the parties and the matter was referred to an Arbitrator, who gave an 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 the Arbitration Act, 1940, and as such the 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 reasons and citations, if any, in support of your answer.

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

1. Q19 What are the provisions relating to Correction, Interpretation and Additional Award?
2. Q20 Lok Adalat vis-a-vis Permanent Lok Adalat.
3. Q21 Explain the special features of the Geneva Convention.
4. Q22 Write the various salient features of the Arbitration and Conciliation Act, 1996. Explain in detail the Conciliation procedure.

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