RMLNLU November-2010 LLB/ SEM-/10-11/€T/ICA TIME: 03 HOURS International Commercial Arbitration MAX. MARKS: 60 ‘Answer al the questions Figures in the margin indicote the marks (Section a) (Answer in Approximately 250 words) (410) 1. A dispute arose between the Titan Corporation ( US) and Alcatel CIT SA ( France) with respect to an arbitration agreement regarding a telecommunication system to be installed in Us. The arbitration clause in the agreement provided for ICC arbitration and stated that the place of arbitration was Stockholm, Sweden. The dispute was submitted t0 ICC arbitration and got decided by an English arbitrator. The award indicated that the English arbitrator had held a meeting for taking evidence in Paris{ France) and the arbitrator performed the remainder of his work on the case in England. Now the Titan Corporation ( US) has filed an appeal in Sweden to set aside certain parts of the award. In reply the Swedish court of appeal has requested Titan Corporation to plead on whether a Swedish court has jurisdiction over the challenge of the award. Argue on behalf of both the US and France companies in order to substantiate their pleas of the existence of jurisdiction and lack of jurisdiction of the Swedish Appeal court respectively. 2. It Is frequently said that the New York Convention does not deal with the subject of competence competence. It is correct that nothing in the text of the Convention does expressly require ( or forbids) application of the said doctrine or addresses the scope of an arbitral tribunal's competence competence. Nonetheless it does not follow that the convention is irrelevant to issues of competence competence. Critically examine the above comment and justify your answer with relevant provisions and their applications as adopted in different legal systems. 3. The enforceability of international arbitration agreements under national and international law has undergone important changes over the past century, evolving from a position or relative disfavour in some leading jurisdictions to one of essentially Universal favour and affirmative encouragement. In the light of the above statement refer the contemporary international conventions and national legislations and justify that this pro arbitration enforcement regime for international arbitration agreement is of fundamental importance to the efficacy of arbitration process, by ensuring that the agreements to arbitrate can be enforced predictably and expeditiously in forums around the world 4, Discuss the judicial consideration of objections to arbitrators’ jurisdiction under Model law. (Section 8) (answer in Approximately 50 words) (5x2) Discuss the international limits on non-arbitrability doctrine. Discuss the preliminary verification that may affect the validity of arbitration clause. Distinguish between non arbitrability and substantive validity or illegality. Discuss the choice of law governing the substance of dispute. Discuss the choice of law governing competence competence PTO.(Section ¢) 10. Answer the correct choice, answer as the need be (101) UNCITRAL Model law does not provide substantive review of the merits of the arbitrators’ decision. (Teue/False) The Model law countries do provide arbitrator's lack of independence or impartiality as a ground for setting aside arbitral award. (True/ False) ‘An interlocutory judicial decision on jurisdictional issues is not available under the Mode! law prior to any decision by the arbitral tribunal on such issues. _(True/False) ‘Art. 8 of the UNCITRAL Model law is indicative of interlocutory judicial consideration of a challenge to the scope of an admittedly valid agreement. (True/ False) ‘The New York Convention contains ( 15/16/17) articles What does FIDIC stand for? Which organisation has set up ICSID? What do you mean by UNDROIT principles? What is lex mercatoria? Define international commercial arbitration.RMUNLU ‘TIME: 03 HOURS November-2010 LLB/SEM-X/10/ET/Lolos LAW OF INTERPRETATION OF STATUTES Answer a the questions. ‘Max Marks: 60 Figures in the margin indicate the marks. (Section A) (Answer in approximately 250 words) (4x10) “The soundness of Heydon’s Rule lies in suppressing the mischief and advancing the remedy.” Discuss various conditions for the application of this rule citing relevant cases. or The Street Offences Act was passed to clean up the streets and to enable people to walk along the streets without being molested or solicited by common prostitutes. The Act provides that "it shall be an offence for 3 ‘common prostitute to loiter or solicit ina street for purpose of prostitution.” ‘K,, a prostitute, was attracting the attention of the passersby from balconies and windows and was charged under the aforesaid provision. She takes the plea before the court that she was not soliciting ‘in a street’ as she \was not physically present in the street. As a judge, which rule of construction will you apply and why? Discuss by giving reasons and judicial decisions in support of your answer. “Punishment can be meted out to a person only ifthe plain words of the penal provision are able to bring that person under its purview. No extension of the meaning of the words is permissible.” Critically analyse this statement. or Selling of adulterated butter is an offence under the Prevention of Food Adulteration Act, 1954. Under the Act, the term butter is defined as “butter prepared exclusively from milk or cream of cow or buffalo or of both”. X, who is being prosecuted for selling adulterated butter, argues that the butter which he is selling is neither prepared from milk nor cream but from the curd and therefore not covered within the definition of butter under the Act. Further that it being a penal provision it should be constructed strictly in his favour. How would you decide? support you answer with case law. “Where two provisions operate in one field, both have to be allowed to have their play, unless such operation would result in patent inconsistency.” Discuss the Harmonious Rule of Construction to be applied in such situations with reference to decided cases. With the help of decided cases, explain and illustrate the Rule of Ejusdem Generis as applied to statutory interpretation, {Section 8) (Answer in approximately 50 words) (5x02) Discuss the requirements for application of Golden Rule. Write a short note on the provisions of General Clauses Act, 1897 in regard to effect of computation of time and service by Post: Discuss the Importance of the definition clause in interpretation of statutes. Explain in very brief the maxim ut res magis valeat quom pareot. Explain presumption against violation of International Law.