Scribd
Upload
74 views3 pages

Alternative Dispute Resolution Exam Paper

This document is an examination for an Alternative Dispute Resolution module taken in November/December 2020. [1] It consists of two sections - Section A is compulsory and contains a case study question, while Section B contains three questions and students must answer any two. [2] The case study in Section A involves a managing director who misrepresented the financial situation of the company to purchase shares from minority shareholders at a lower price before selling the company for a profit. [3] Students are asked to advise on using alternative dispute resolution over litigation for the managing director and minority shareholders.

Uploaded by

Jemila Chowrimotoo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
74 views3 pages

Alternative Dispute Resolution Exam Paper

This document is an examination for an Alternative Dispute Resolution module taken in November/December 2020. [1] It consists of two sections - Section A is compulsory and contains a case study question, while Section B contains three questions and students must answer any two. [2] The case study in Section A involves a managing director who misrepresented the financial situation of the company to purchase shares from minority shareholders at a lower price before selling the company for a profit. [3] Students are asked to advise on using alternative dispute resolution over litigation for the managing director and minority shareholders.

Uploaded by

Jemila Chowrimotoo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Open University of Mauritius

LLB (HONS) [OUba029]


BA (HONS) LAW AND MANAGEMENT [OUba032]

EXAMINATION FOR: November/December 2020

MODULE: Alternative Dispute Resolution


[OUba029311]/[OUba032311]

DATE: Wednesday 09 December 2020

DURATION: 2 Hours

INSTRUCTIONS TO CANDIDATES

1. This question paper consists of Section A and Section B.


2. Section A is COMPULSORY.
3. Answer ANY TWO (2) questions from Section B.
4. Always start a new question on a fresh page.
5. Total marks: 100.

This question paper contains 4 questions and 3 pages.

Page 1 of 3
SECTION A
COMPULSORY

QUESTION 1 [40 MARKS]

Read the facts of this case and answer the question below.

Allen is the Managing Director of a private enterprise and he is the major shareholder of
the company. The rest of the shares are held by minority shareholders. Allen falsely
represented to the Management that the company has to be sold since it is facing
financially bad situation. In fact, he had no intention of selling the company as he as
Managing Director knows that the finance would improve very soon.

Based on this misrepresentation, he managed to purchase all the shares belonging to the
minority shareholders stating that he could facilitate the sale. The price at which the
minority shareholders exercise their option to sell their shares to Allen was lower than the
price that was eventually sold to the buyer. Allen thereby made a handsome profit out of
this sale.

Advise Allen and the minority shareholders to consider the advantages and
disadvantages of engaging themselves in the alternate dispute resolution process rather
than litigation.

Page 2 of 3
SECTION B

ANSWER ANY TWO (2) QUESTIONS

QUESTION 2 [30 MARKS]

In order to expedite the dispute resolution process advise a disputing party on the
advantages and disadvantages of the following dispute resolution techniques:

a) early neutral evaluation, and, (15 marks)

b) expert determination process. (15 marks)

QUESTION 3 [30 MARKS]

Mayfield, a company involved in the textile industry, is planning to make its employees
redundant due to the recession occasioned by COVID 19 which may potentially turn into
a major labour dispute if not addressed at the early stage

Give the reasons why would you and why would you not advise the employer and the
trade union to use the following methods to resolve the conflict:

a) Med-arb method (15 marks)

b) Executive tribunal method (15 marks)

QUESTION 4 [30 MARKS]


Discuss the role of Mauritius as an alternate dispute resolution platform as regulated by
International Arbitration Act 2008

Page 3 of 3

You might also like