END TERM EXAMINATION, APRIL-2018
B.A.LL.B. (HONS.) SEMESTER-VI Alternative Dispute Resolution Max. Marks: 60 Time Allowed: 3:00 Hrs. Note:
Answer five questions including Question No. 1 which is compulsory. The number of marks carried by each question is indicated at the end of the question.
1. Explain the following (each explanation should be in approximately 100 words) (Marks
Discuss whether arbitration clause must follow the destiny of the contract to which they belong or can they have an independent life.
Discuss whether the following is a valid arbitration agreement: "The parties would endeavor to resolve the matter by Swiss arbitration, failing which the English Courts will have jurisdiction".
When does an arbitration commence?
Discuss the effect of default of claimant and default of respondent under section 25 of the Arbitration and Conciliation Act, 1996.
"Filing of an application under section 34 the Arbitration and Conciliation Act, 1996 does not amount to automatic stay on enforcement of an award". Discuss.
Is the tribunal bound to decide the dispute according to the contract between the parties or is it obliged to take into account the contract between the parties while deciding the dispute? Quote the relevant section of the Arbitration and Conciliation Act, 1996.
Discuss briefly the broad heads of the fifth schedule of the Arbitration and Conciliation Act, 1996.
Discuss the provisions on confidentiality during the conciliation proceeding. Identify the provisions of the Arbitration and Conciliation Act, 1996 which allow judicial intervention in arbitral process.
Discuss section 37 of the Arbitration and Conciliation Act, 1996.
2. Answer the following:
a. Discuss the degree of the applicability of the standards of the Code of Civil Procedure to proceedings and measure passed under section 9 of the Arbitration and Conciliation Act, 1996.
b. In an agreement between publisher and author it was provided that dispute shall be referred to the arbitration of two arbitrators. After the dispute arose the author vide a legal notice nominated Mr. X as the sole arbitrator. Relying on the arbitration clause the publisher nominated Mr.Y as the arbitrator. The author filed an application under section 11 of the Arbitration and Conciliation Act, 1996 for appointment of sole arbitrator on the ground that he cannot afford arbitration by two arbitrators as it will be very costly. Decide. (Marks
3. Discuss the rule of incorporation of arbitration clause by reference. Also discuss whether specific reference is required in following cases or whether general reference is sufficient:
a. A and B make a contract in which they incorporate standard terms.
b. A and B make a contract incorporating terms previously agreed between A and B in another contract.
c. A and B make a contract incorporating terms agreed between C and D. (Marks 10) PTO
4. "If a dispute involved non-signatories or included subject matter which was not strictly within the arbitration agreement, the matter cannot be referred to arbitration". Discuss the correctness of the above in the context of section 8 of the Arbitration and Conciliation Act, 1996. (Marks 10)
5. Answer the following:
a. What are the disputes which are not capable of resolution by arbitration? Discuss.
b. Discuss the provisions of Part I of the Arbitration and Conciliation Act, 1996 which allows party autonomy in choice of proper law of contract, proper law of arbitration agreement and proper law of proceedings. (Marks
6. Answer the following:
a. Discuss the applicability of provisions of Part I of the Arbitration and Conciliation Act, 1996 to foreign seated arbitrations.
b. Interest on interest or compound interest under section 37 of the Arbitration and Conciliation Act, 1996 is not violation of public policy of India. Discuss. (Marks
7. Write notes on any two of the following:- (Marks 5×2=10)
a. Settlement agreement and termination of conciliation.
b. Rule of Competence -Competence
c. Ineligibility to become arbitrator under section read with Schedule VII of the Arbitration and Conciliation Act, 1996.