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1st Internal Assessment

The document outlines the structure and requirements for the 1st internal assessment on the principles and practice of arbitration in India, consisting of two parts with specific marks allocation and word limits. It emphasizes the importance of citations, submission guidelines, and adherence to academic integrity policies. Additionally, it includes questions related to a Supreme Court case on arbitration consent and the role of arbitration in alternative dispute resolution as recommended by the Law Commission of India.

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dev kapil
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41 views2 pages

1st Internal Assessment

The document outlines the structure and requirements for the 1st internal assessment on the principles and practice of arbitration in India, consisting of two parts with specific marks allocation and word limits. It emphasizes the importance of citations, submission guidelines, and adherence to academic integrity policies. Additionally, it includes questions related to a Supreme Court case on arbitration consent and the role of arbitration in alternative dispute resolution as recommended by the Law Commission of India.

Uploaded by

dev kapil
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

PRINCIPLES AND PRACTICE OF ARBITRATION IN INDIA

1ST INTERNAL ASSESSMENT (35 MARKS)

Instructions:

1. This question paper consists of two parts. The question in Part A carries 20 marks. The
question in Part B carries 15 marks. The total marks in this assessment is 35.
2. Answers should contain citation to sources in the form of footnotes. Footnotes should
clearly mention the full title of the publication or judgement (as applicable) including
the page number being referred to. If a website-based source has been used, a link to
the website should be added in the footnote.
3. Submissions must be made in a single MS Word or PDF file. The submission file must
be uploaded to the 1st internal assessment submission link on the UMS Platform only.
Emailed submissions will not be accepted.
4. The font used should be ‘Times New Roman’ size 12 for the main text and size 10 for
the footnotes. Please maintain 1.15 line spacing in the document.
5. Submissions must be uploaded by the deadline of 11.59PM on 7 September 2025.
Submissions made after the deadline are subject to late submission penalty.
6. Each part of this question paper specifies a word limit that must be adhered to in the
submissions.
7. Plagiarism of any kind including the use of AI-generated text or responses constitute
use of unfair means and will be subject to disciplinary action as per the academic
policies of the University.

Part A

Consider the following statement –

“In Afcons Infrastructure Ltd. & Anr. v. Cherian Varkey Construction Co. Pvt Ltd. & Ors.
[(2010) 8 SCC 24] the Supreme Court observed that a court has no power, authority, or
jurisdiction to refer unwilling parties to arbitration, if there is no arbitration agreement. In
essence, the Supreme Court recognised the parties’ consent to arbitrate is a fundamental
requirement for the arbitration process.”

Do you agree with this statement? Provide a detailed comment on this statement in the light
of the Afcons judgement and any other relevant cases. A copy of the Afcons judgment has
been provided with the question paper.

(20 marks, Word Limit: 1000 words)


Part B

In its 222nd Report titled “Need for justice dispensation through ADR etc.” submitted in 2009,
the Law Commission of India made the following recommendation, among others –

“With the advent of the ADR, there is a new avenue for the people to settle their disputes. More
and more ADR centres should be created for settling disputes out-of-court as is being done in
many other countries. ADR methods will really achieve the goal of rendering social justice to
the people, which really is the goal of the successful judicial system.” (p. 39)

In this context, critically comment on the role of arbitration as a justice-delivery mechanism.


What are the relative advantages and disadvantages of arbitration compared to other forms of
ADR in India?

(15 marks, Word Limit: 800 words)

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