I.D.
END TERM EXAMINATION, APRIL 2017
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 marks carried by each
question are indicated at the end of the question.
1. Answer the following (each answer should be in approximately 100 words): (Marks 2×10=20)
a. How far do you think that problem in existing justice delivery system is the only
reason for growth of ADR?
b. Discuss the rule of incorporation of arbitration clause by reference.
c. Section 18 is the Magna Carta of the Arbitration and Conciliation Act, 1996. Discuss.
d. Discuss whether interest on interest is allowed under section 31 of the Arbitration
and Conciliation Act, 1996.
e. What are the circumstances when the mandate of an Arbitral Tribunal terminates?
f. Discuss the amendments done in section 36 by the Arbitration and Conciliation
(Amendment) Act, 2015.
g. What are the roles of conciliator?
h. What do you mean by autonomy of an arbitration clause?
i. Section 19 of the Arbitration and Conciliation Act, 1996 attracts parties towards
arbitration. Explain.
j. Write a brief note on utility of Lok Adalat.
2.
a. Discuss the following:- (Marks
i. Validity of two tier arbitration agreement.
ii. executes a will in favour of his two sons and writes that in case of any
dispute arising out of the will after his death the same shall be referred to Mr.
who shall be the sole arbitrator. Is it a valid arbitration agreement?
b. Discuss the power of judicial authority under Section 8 of the Arbitration and
Conciliation Act, 1996. How far do you think that the judicial authority can examine
the validity of an arbitration agreement? (Marks 04)
3. "Power of Supreme Court or High Courts to appoint arbitrator under section of the
Arbitration and Conciliation Act, 1996 is neither judicial nor administrative in nature".
Explain the above statement in the light of the case laws and provisions of the Arbitration and
Conciliation (Amendment) Act, 2015. (Marks 10)
P.T.O.
4.
a. Discuss the rule of competence-competence. (Marks 06)
b. In relation to settlement under Section 30 of the Arbitration and Conciliation Act,
1996, discuss the following: (Marks 04)
i. Meaning of the phrase "it is not compatible with an arbitration agreement".
ii. Status of an arbitral award made under Section 30.
iii. Is it mandatory for the parties to inform the tribunal about any settlement?
iv. Whether a settlement shall be recorded if it is requested by only one party or
some of the parties?
5.
a. In relation to conciliation, discuss 'settlement agreement' and 'termination of
conciliation proceeding'. (Marks 05)
b. Explain the form and content of an arbitral award. (Marks 05)
6.
a. In relation to recourse against an arbitral award, discuss the following: (Marks 04)
i. Weather 'patent illegality' is included in violation of Public Policy of India?
ii. Whether patent illegality is a ground to set aside an award passed in India
where one of the parties is not Indian?
iii. Limitation prescribed in section 34(3).
iv. Challenging the award on the ground of faulty composition of the tribunal or
the faulty procedure.
b. What are the orders from which appeal shall lie under section 37 of the Arbitration and
Conciliation Act, 1996. (Marks 06)
7.
a. Section 10 of the Arbitration and Conciliation Act, 1996 is a derogable provision.
Discuss. (Marks 05)
b. Discuss the following:- (Marks 2.5+2.5=05)
i. Importance of place of arbitration.
ii. Rules applicable to substance of dispute.