LL.B. (Three Years) Sem 6 Alternate Dispute Resolution System Apr 2025 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 Who is a Mediator?
2. Q2 What is the full form of UNCITRAL?
3. Q3 What are good offices?
4. Q4 Why are Lok Adalats constituted?
5. Q5 What is Conciliation?
6. Q6 What is a foreign award?
7. Q7 What is the date of the commencement of Arbitral Proceedings?
8. Q8 Who is a Presiding Arbitrator?
9. Q9 What is lien on an arbitral award?
10. Q10 Is the Limitation Act applicable to Arbitration Proceedings?

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

1. Q11 Geneva Convention awards.
2. Q12 Termination of Arbitral Proceedings.
3. Q13 Distinguish between arbitration and Conciliation.
4. Q14 Need of Alternative dispute resolution.

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

1. Q15 Two business partners are in a dispute over the division of profits. One partner, Aaniya, believes the profits should be split 50:50, while the other, Aarna, argues that she did more work and deserves a larger share. (i) As the Mediator, how would you help the partners find common ground without taking sides? (ii) What is the role of the Mediator?
2. Q16 An employee, Komal, has filed a formal complaint against her employer, Tech Vista, alleging unfair dismissal. Tech Vista insists the termination was justified due to poor performance. Both parties agree to conciliation before proceeding to legal action. (i) As the conciliator, how would you facilitate communication between Komal and Tech Vista to help them reach an amicable settlement? (ii) What approach would you take to address the power imbalance between the employee and the employer?
3. Q17 Ms. Chandni filed a suit in a court against Ms. Hazel, but the court has referred it to the Lok Adalat. However, Ms. Chandni does not want to settle it in the Lok Adalat. (i) Can the court refer a case for settlement in the Lok Adalat? (ii) What are the various modes of settlement of disputes outside the court?
4. Q18 Anu, Diya and Sonal are the three arbitrators appointed by the parties in a dispute. They sign an award and demand the cost of the Arbitration proceedings. (i) How many arbitrators should sign the award? (ii) What are the powers of an arbitral tribunal for fixation of the cost of arbitration?

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

1. Q19 State the importance of Lok Adalat in the Judicial system.
2. Q20 When does a foreign award become binding on the parties to the arbitration?
3. Q21 What are the essential ingredients of Arbitral Agreements?
4. Q22 State the composition, powers and duties of an Arbitral Tribunal.

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