Los x Paper / Subject Code: 35803 / Alternate Dispute Resolution System. NB: 1) _Allquestons are compulsory. 2) Give proper explanation wherever necessary. 13) Figures tothe right indicate full marks. 1, Answer in one to two sentences : 1a) Express the term “Arbitration Agreement”, 'b) What is ‘Foreign award”? ©) What is ‘Interim award’? 4) Define Lien on award? ©) What is non-speaking award? 4) Whois Presiding Arbitrator? SUee ees i) What is the date of commencement of: ja does cost includes? Page 1 of 4 {2°CRBIFOF26A74ES132017087F2392parties appointed Mr. Chetan as an arbitrator. é 1) Can Mrs. Gauri take any action against parties? ¥ 17360 Page? or 4PRGT Uae a ae, wer enerenesu wun sy, “p he Paper J Subject Code: 35603 / Alternate Dispute Resolution System, Hours) Marks: 100 NB: (1) All questions are Compulsory. a » 3. 0 9 ny i a) ») 9 a 9 a » » 2 3) 4 x 9 mao ‘Writ not more than two sentences Define Arbizaton Agreement Lok adalat is also called as Define Arbitration Award ‘Whats Inierim Award? How is coniliator appointed? Define Lien on Award Whats foreign award? ‘What shouldbe the numberof Asbitrators in tribunal? Can a couple appoint Arbitrator on wife's application for divorce? ‘What is status of arbitration clauses in a void agreement? 20 ‘Write short notes on (Any Four) 0 ‘New York convention, Foreign award Place of arbitration Conciliation Agreement Avbitral Proceedings Conciliation Answer any two ofthe following One party in Arbitration desire to examine a rationing officer and engineer of the ‘Municipal corporation. Therefore has made application belore the Arbitrator, i. Cam the arbitrator require thea wo vore ad give evidence? ii, Explain the procedure required tobe followin such case. ‘Me Ram and Mr. Shyam had appointed an arbiator for ter resent dispute, i. What will happen if Mr. Ram des during procedure ? i, What willbe the effet i appointed arbiteator dis during Arbitration process? One ofthe party isnot said wth an avard declared by Arbiter iL Whatcana party do in such eas! ii Whats the remedy avaliable tothe party in above situton Attempt any four 48 ‘When award canbe set aside? Importance of Lok adalat in Judicial system ‘Write in detail about Aritator Discuss briefly the provisions governing conduct of abiteal proceedings, Explain - Appointment of Concliatr. Distinguish between Arbitration andl conciliation Page Lot 2COETDOBUDISIADNTFEADDICIMMACCECOSHHKTTHETTSHV LH KLHEKEHTHHEVVG YET Paper Subject Code: 35603 / Alternate: te Reson. FD, > Qur-Cale ar & (tous) (roti: 10) Mee eek wher youhave thesis pape. NBs 1) All questions are compulsory. “ 2) Figures tothe right indent fll marks Answer in two thre sentences a i) What is mandate ofa rite? 3) What is meant by an arbiraiontabunal? ©) Whats contractual abtaton? 4) Whats a remedy avalible to party, if theres no seem, fer refering mater 0 conilntor? ©) Whats Foreign arbitration? 1) What is"waiver’ caused by pany? 1) Whatis the limitation to file an application to set side an sian snd? 1) Wha is mean by confdosiity in conctation pocesing? 8) What shouldbe the place of arbitration? 5) What is stlementapresment? 2 Shor tes (any eur) 2) 3) Foreign award 1) Azpointmtit ofan arbitrator ©) Essential edntions of artitation agreement 4) Termination ofabitation proceeding. (9) Effect of death and insolvency ofthe paris on abitation procesing ‘Impostance of Lok-adalat 3. Solve (any tw) a) a) Mr, Sule was appeimed a a conilistorby patie, ste few matings with the parties ‘Mr Suhas draws up a Settlement sreement and signed it 1) Can such agement be recognised as setlement agreement? Why? 2) ‘When des element agreement hss binding off? 1) “artes make ro separate contracts Fr Iwo business, in ons ofthat contact, pares sud an anion etause fr furre dispute. 1) Whats effect on abitration clause if contac itself is wid? 22) Whether same abitation clause is epplicabl for bth the comact? Wy? (0) After receiving an award copy, party wants to make dition in ard. 1) _Adtice party for the procedure & reasons of addtional. award, 2) Caan arbitration takes a sue moto aeion for sditonsl award? How? “4. Aaswer of he fllowing (any four), * cay 8) Explain the jaca hep in arbitration process 1) What ie sing asd ofan award? ©) Explain te provisions elting tothe appointment of contr and ole of ener sn setlement of dispute 4) tae the procedure in LokeAdaat. ‘State sale! features of the bration and conciliation Act, 196, State the composition and power and duties of an abit tibunal Siebaemnirg |vee ue ueUe eee errr oeee wwe meee 4 N.Bi 1. Allquestions are compulsory. ‘Write short notes on any 5, Solvean sd probes Qnieke pointes ape poet, ieee on : pte spate pala claim ? 3) Can stbital tribunal terminate an award? ‘answer any four fom the following z A-0-R. [Time : 3 Hours} 2. Allquestons cary equal marks a). How many Arbitrators 2 Conciliation Act, 1996? (9) Name the two staues dealing with ADR (©) Which are the two international Co (Bnei equed bet GS {© Wht steegal eftcof ecto ape {tats Sucsena Cue der oe (g) What is Lien on Arb SSSES (h) What is Fast Track pr ei Ss (Within how many (Is the Limitation Acti (1) Acbitral eibumal ma n pn sl sig he award? Fen arbitral buna for Suton of cost of es? ro MQ regarding epoiniment of constr. asks some questions. Advice Mr. Q on same WskeW, siximur number of conilistor can be appointed? ‘agouti conmuncaionberwen constr an pris BS Pee? By Aah dy of conic ihe esis ay fetal nfrmaon SSeS staeither pany? (© Mek submited a statment of eam and Me. subg Jefzese wo an arbitrator Me K withdraws his sane procedure. % (1) Can MK doo? What wil be th {@) Can Me Z Insist for arbitration at (1) Explain the concept of foreign ati (2) Explsin he procedure and pow ot (3) How doe an Arbitrators (4). What are contents ofan (3) Whats seting aside of (6) Explin te procedureswuer f SEC SNR QrCode: 22080 r N.B: 1. All questions are compulsory. 2. All questions cary equal mati Cn A dc ce? (8) Which isa place of an arbitration ? (g) What is consent award ? (h) State the expenses included in cost of arbitration. G) What is Lok Adalat? Write short notes on (any 4) (a) State salient features of Arbitration and conciliation act 1956. (b) International commereialAcbitration. (©) Appointment of an arbitration by cour, (@) Termination of arbiteal proceedings (©) Ditference between arbitration ard conciliation, (Commencement of conciliation proceedings, 3. Solve any two — (a) Asthe disput arises Mr. B Requests Mr. A for an appointment of an arbitrator, but an arbitration agreement fails to make provision for the number of axbitratr. (1) How many number of arbittators can be presume in bové case ? (2) State remedy to Mr. B iM. A fils to appoint an arbitator. (@) IEMs. and Mr B agrees to appoint 3 arbitrators bt fils fo agree r ‘on procedure for appointing the arbitrator. Advice M/A and B. (©) An arbitration agreement was existed between Mr. X and Me. Y for some ispufe: After having a dispute Mr. without informing to Mt X submit the ispute to an arbitrator (1) Can Me. ¥ do so 7 Advice Mr. X (@) What willbe th effet on arbitration procedure if Mr. X fils to ‘communicate his statement of defence to an arbitrator. @) An Arbitrator without giving sufficient notice to Mr X declares an ‘exparte award. Advice Me X 2 (6) Panies ina dispute willing to appeint a concilistr for setlement of dispute, but they have some queries... advice them (1) Who is conciliator? (2) Whats setloment agreement ? (3) Whats judicial stan ofseclement agreement 4. Answer any four from the following =— (2) Explain the procedure of Lok Adalat, (©) Explain the process of settlement of dispute with help of contr. (©) What is conventional award ? Explain it with help of to important conventions. (4) When and how can an arbitral award be challenge ? (6) State the importance ofan sition a jgreement in an arbitration process. (9, When an award becomes final ? ye :3 Hours} {Total Marks : 100) 20 20 48+ FOR. ap. code :os156 Time: 3 Hours] eee ease check whether youhave got he ight question PaPr. NB: 4, Allqueston are computony 4. Figures tote ght int ull marks 3 | Answer nwo tothree Hines 2» / hat fullform of UNCTRAL? What san institutional arbitration? Csthe ality ofan arbatin agreerent depend upon cumber of abirations? Who appoints presising arbitrator? Whether the signatures ofboth parties ae necessary for an abation agreement? F What s consent award? G_When episration ofan anard I computor? What len of ard? | Who smedietor? 4 Wy ok adel ae constrded? 2 wre short notes ane fun) 1 Foreign award 2 Appointment ofa arbor by cour. 5 Olferenee between arbirten and condition 4 Forms omens of anal award 5 Termination fara ceeding 6 Need of aerate spate resltion 03 Soke any suo 4. rib’ ame was meroned 3 an arbtratorin the arbraton agreement between the pares. far Saving on cepte partes spotted Arun aa aerator alr few morte Mir A howe he ‘iwragesro wort so beth partes eppolted Mi Shull san aPraar ‘A Can Me. Prabhu takes ny action agus pares? Wh? 8) Cane. Arun brit his renatlon daring arbiratinprocedur?+ 9) Whether Me. Shula Rasto morro ti tage of arracon? ‘Me appointed arn arbrater by he Cand Mr. forthe satoment of dpe Me. Zhas ome personal elton with Mr Con avard wae dcaradby Mr Zon th bet sone pesoral Information cn eget rom re A) Conte Zecare an award onthe bass of person formation? 18} Whether there isan breach of dy rom MZ ) Whatare remedies sole to hr2 5 On of ne Mr Pont onlin send a wate vtaton to MC Bt. does no receive a cepy {HL10" fume. Sbe eects torent 2 rection of cancion and deed to goto curt. On 2 une Ne Qsende ne ent forcanelistion. Avwhat a ste of commencement of onallton proceed ne above cst? 15} Arora aratian and eoelistion st 1996 ow cy day nol wat orp? C)can te Penis orcas ater recehng sent ore (4 Arse the flowing cuestons ry 8 2 Satthe forms and cones of arbizaton agreement 2 alan the imgrtanc of tok aalt nual work. 3 satethe justo of al bun ‘Sate te proceur nd inporarce settee sreement? 5 When award wconiered sl wat 6 plan foreter award with of two coevertons' s HOR. QP. Code : 305601 (3 Hours) [ Total Marks : 100 N.B.:(1) All questions are compulsory. 1) Answer in foto three lines. 20) 2) Whether signature of both parties is essential for en arbitration agreement? b) Whats the status of an oral arbitration agreement? ©) Whats ad-hoc arbitration? 4) Whether Res judicata is applicable for arbitration award? * ©) What is mediation? = £) Whats conciliation? © 8) When an arbitral award beoomes final award? & ‘h) Name two important international Conventions under arity? & conciliation act 1996 ')Whatis setlement agreement? J) What isa sats of avard of Lok Adar? II] Write short notes on any Four. (20) 2) Difernce between arbitration éeconition. * >) Conciliation Procedure, ©) Correction, interpretation & adgiton of arbitration award, 4) Role of court in appoinimeg an arbitrator? €) Importance oF Lok ~ ae Status of an arbitrayiph clause in Contract, x ro s IM Solve any Two. 12) Hy) S ss s & e S ew o XYZ eq ppoins Me. A as an abiator and submited 4 dgpues to him. After “alg of ovo disputes but before wing an award Mr. A shows his yHingness to work with Co, and gives leer asneing to that. XYZ, Co. Def Mr B as an abit, * 2 = | ap Can be arbitrator Mr. A do so? a8)" Whether new arbiteator Mr. B should start with new procedure or continues | = with earlier? ©) Whether an arbitrator Mi, A demands for payment of his work? TURN OVER2) a) b) °) 3) ») ) IV] a) b) ) 4 °) QP. Code : 305601 Indian Company makes a contract with Mr. Lobin from Britan as consulting officer in India, Arbitration clause also included in contract. After few months when dispute close in them. Mr. Goli from Britan appointed as arbitreton. Award was drawn in Delhi according to law of Indi ‘Whether award is,foreign award? Why? ~ & ‘Whether Consulting services covered under term commercial relationship?) If.an award takes place in a non conventional country, then what type “oPeward it will be? & An arbitrators declares an award on subject matter which was ngtmentioned in arbitration agreement. Both the party having knowledge of Wis fact provides information to an arbitrator, During the time of enfore@ility of en avard Objection was raised by one of the party and also refugee pay an arbitrator, Is the objection raised by one of the party is sustainghle? Can award in above case be considered as vi sara if objection was not raised by the party? a ‘What is the limitation period to apply forg2tiing aside an arbitral award? Ss : av Answer the following any Fours [48] When award ean beset aside © Explain in detail Arbitraig@"Tribunal. Importance of Lok Aqat in judicial system, Conciliation Progeire played important role in settlement of dispute. Explain forejg?P award and conventional award ortant a with hel ir conventiogs. e ee : When gf! How arbitration Proceeding gets terminated? TURN OVER "TF MH HHH Ww ° 9eee 6 ADR. SEM WX QP. Code : 305602 (3 Hours) {Total Marks : 100 (1) All questions are compulsory. 1) Answer in two to three lines a) Which disputes are arbitrable? b) When award is consider as foreign award? ©) Who is presiding arbitrator? €) Wha isthe date of commencement of an Abita Proceeding? ©) What is non speaking award? £) How many number of conciliators can be appointed by Party? & 8) Whatis ien on award? s 4h) Which cases are submitted to Lok ~ Adalat? = fi i) Isthe arbitation agreement discharged by death of ei party? D ‘What should be the nationality of n arbitrator? 5° g My Write short notes on any Four (20) 8) Termination of arbitration proceein, ) —Arbitral award. g ©) Appointment of arbitrator. = 8) Setlementagrement. ©) Working process ota Adla, 4) Silent features of t.abitration and conciliation act 1996, nes IM Solve any Two. 11) » can x iliation procedure between pat crawg@ir of which two were authenticated by the eoneiitor 9) YeRisa suns of stloment agement btneen hepa? ) in party submit the same dispute to an arbitrator during the pendency of F conciliation proceeding? 4 settlement agreements were s <&_ What isthe remedy available to party if conciliation proceeding doesn’t have & successful end? S s ~ S § TURN OVER x