I.D.
END TERM EXAMINATION, NOVEMBER 2017
B.A.LL.B. (HONS.)
SEMESTER-VII IX
International Commercial Arbitration (Optional-I)
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. Answer the following (each answer should be in approximately 100 words): (Marks 2×10=20)
a. International arbitration
b. Geneva convention
c. Emergency award
d. Fast track arbitration
e. Status of tribunal
f. Ad hoc vs. Institutional arbitration
g. Consolidate arbitration
h. Delocalisation in International Commercial Arbitration
i. Confidentiality
j. Competence-Competence
2. The arbitrators not only decide on the merits, but the choice of arbitrators will also affect the way
the arbitration is conducted. So parties should be conscious about their choice of arbitrators. In
context of this statement explain the process of appointment of arbitrators. What practical and
strategic consideration should be adopted in choice of arbitrator(s). Also discuss the ground for
challenges and replacement of arbitrator with suitable cases. (Marks 10)
3. An award is a binding determination on the substance of the dispute by the arbitrators. In this
respect, an award is equivalent of a judgment of a national court. Discuss. Also explain the
categories of awards and the Res Judicata effect of an arbitral award in international arbitration.
(Marks 10)
4. The seat chosen for arbitration will usually determine the courts in which any annulment of the
award must be commenced and the law applicable to such a challenge. Explain with suitable
illustration and also discuss the public policy as a ground for setting aside an international arbitral
award. (Marks 10)
5. The commercial arbitration is most usually a creature of contract. In this referencea.
define arbitration agreement
b. submission agreement
c. separability doctrine
d. choice of law clause (Marks 2.5×4
6. An international arbitration generally proceeds in distinct stages. The stages to any arbitration are
not as rigid as court proceedings in many national law systems. Comment. Also analyze the role of
national court during the arbitral proceeding. (Marks 10)
7. Write a brief note on: (Marks
a. provision of interim relief
b. Enforcement of awards