LL.B. (Three Years) Sem 6 Alternate Dispute Resolution System 2021-22 Question Paper - Mumbai University | munotes

Questions asked in this paper

SECTION I - Multiple choice questions

1. Q1 A.D.R. stands for ______. (a) Automated Discovery Response (b) Alternate Dispute Resolution (c) Exact Dispute Resolution (d) Automated Dispute Resolution
2. Q2 Which of these is a condition for which compulsory arbitration is imposed on the disputing parties? (a) When an industrial dispute is apprehended (b) The disputing parties fail to arrive at a settlement by a voluntary method (c) The issue of the dispute should be mentioned in the arbitration agreement (d) When a commercial dispute is apprehended
3. Q3 Mahesh knows that the arbitrator appointed by Suresh is not qualified to act as per the arbitration agreement, but he raises no objection and takes part in the proceedings. (a) Mahesh exercises his right. (b) Suresh exercises his right. (c) Mahesh is deemed to have waived his right to object. (d) Suresh and Mahesh are both not ready for a compromise.
4. Q4 Which are the correct characteristics of Negotiation? (a) It is quick, a cheap process, and confidential. (b) A cheap process, and might not come to a decision. (c) Confidentiality and lack of certainty. (d) Might not come to a decision.
5. Q5 Mediation is not ______. (a) recognized by legislation in India (b) recognized as an alternate dispute resolution mechanism for all disputes in India (c) recognized as an alternate dispute resolution mechanism for certain kinds of disputes approved by legislation (d) an alternative dispute resolution mechanism
6. Q6 Aman and Rahul, both partners in a partnership firm, make an agreement in writing to refer a dispute relating to the business between them to an arbitrator. In spite of this agreement, Aman files a suit against Rahul relating to the dispute in a court. (a) The jurisdiction of the court is ousted, as a valid arbitration agreement exists. (b) The court has jurisdiction over the matter. (c) Aman can file an appeal in Court only against an arbitral award. (d) The court does not have jurisdiction.
7. Q7 The number of conciliators can be ______. (a) only an odd number (b) only an even number (c) 1 or 2 (d) 1, 2 or 3 marks
8. Q8 The mandate of an arbitrator shall ______. (a) be terminated by the death of any party by whom he was appointed (b) be terminated by the death of the counter party (c) not be terminated by the death of any party by whom he was appointed (d) be terminated by the death of the father
9. Q9 After the arbitral award is made, each party shall be delivered ______. (a) the original award (b) a signed copy of the award (c) a photocopy of the award (d) an unsigned copy of the award
10. Q10 In Conciliation the decision is known as ______. (a) Settlement (b) Opinion (c) Decision (d) Arbitral award
11. Q11 Lok Adalat is also known as ______. (a) Men's Court (b) Women's Court (c) Children's Court (d) People's Court
12. Q12 In the case of three arbitrators, the 'Third Arbitrator' shall act as ______. (a) An umpire (b) A Presiding Arbitrator (c) Sole arbitrator (d) Assistant Arbitrator
13. Q13 An arbitral tribunal has no jurisdiction to issue ______. (a) Interim award (b) Award (c) Winding up orders (d) Ex-parte orders
14. Q14 Which method of settlement of disputes is applicable only to existing disputes? (a) Every method (b) Arbitration (c) Conciliation (d) Non verbal
15. Q15 An arbitral award is ______ and ______ upon the parties. (a) Final and binding (b) Temporary and partly binding (c) Non binding and arbitrary (d) Uncertain and non recognized
16. Q16 A sum directed to be paid by an arbitral award shall carry interest ______. (a) at 6% per annum from the date of the award till the date of payment (b) at 12% per annum from the date of the award till the date of payment (c) at 18% per annum from the date of the award till the date of payment (d) at 24% per annum from the date of the award till the date of payment
17. Q17 ______ is a less expensive method as compared to litigation costs. (a) Court case (b) Civil case (c) Criminal case (d) Arbitration
18. Q18 Arbitral proceedings commence ______. (a) on the date on which a request for a dispute to be referred to arbitration is received by the respondent (b) on the date when the respondent gives consent to the appointment of the arbitrator (c) on the date when the arbitrator issues notice to the parties (d) on the date when the statement of claim and the written submission of defence are made
19. Q19 ______ proceedings cannot be used as evidence in any arbitral or judicial proceedings. (a) Any (b) Secondary (c) Arbitration (d) Conciliation
20. Q20 Mahesh has been appointed as an arbitrator regarding the dispute between Rohan and Sumedh. Mahesh is the maternal uncle of Sumedh. (a) Mahesh cannot work as an arbitrator. (b) Mahesh can work as an arbitrator. (c) Sumedh can work as an arbitrator. (d) Rohan can work as an arbitrator.

SECTION II - Descriptive questions

1. Q21 Explain any three salient features of the Arbitration and Conciliation Act, 1996.
2. Q22 Define and explain: Arbitration agreement.
3. Q23 Write on "International Commercial Arbitration".
4. Q24 When can an arbitral award be set aside?
5. Q25 What is Conciliation? Explain three advantages of Conciliation.
6. Q26 What is Lok Adalat? Explain the importance of Lok Adalat for the Judicial system.
7. Q27 What do you mean by a Non-Speaking Award? Discuss the situations in which an award can be a Non-Speaking Award.
8. Q28 Explain Foreign award.
9. Q29 Explain the need of Alternate Dispute Resolution.
10. Q30 What is the role of the court in arbitration proceedings?

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