Exam Details
Subject | alternative dispute resolution | |
Paper | ||
Exam / Course | b.a. ll.b. | |
Department | ||
Organization | Hidayatullah National Law University | |
Position | ||
Exam Date | June, 2016 | |
City, State | chhattisgarh, raipur |
Question Paper
END TERM EXAMINATION, MAY 2016
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. Answer the following (each answer should be in approximately 100 words): (Marks 2×10=20)
a. Discuss the important forms of ADR
b. What do you mean by incorporation by reference under section of the Arbitration and
Conciliation Act, 1996
c. Discuss the procedure to challenge an arbitrator
d. Explain the power of arbitral tribunal to pass interim measures.
e. What is the rule relating to claim and defense statement in arbitral proceedings?
f. Discuss the scope of section 31 of the Arbitration and Conciliation Act, 1996.
g. What are the appealable orders under section 37 of the Arbitration and Conciliation Act, 1996?
h. "Filing of an application to set aside an arbitral award does not mean automatic stay on the
enforcement of the award." Discuss
i. Who is a conciliator? What are his roles?
j. Discuss the advantages of ADR over litigation.
2. "There cannot be an arbitration unless there is an arbitration agreement and if there exists an
arbitration agreement, there cannot be anything but arbitration." Discuss. (Marks 10)
3. Discuss the law relating to appointment of arbitrators. How far do you think that the changes made in
section 11 by the Arbitration and Conciliation (Amendment) Act, 2015 shall affect the scope of the
power of arbitral tribunal in section 16? (Marks
4. Explain the ground of "violation of public policy of India" for setting aside an arbitral award. How far
do you think that patent illegality is a ground to set aside an award of international commercial
arbitration? Also discuss the limitation for filing an application under section 34 of the Arbitration and
Conciliation Act, 1996. (Marks
5. Discuss the following: (Marks
a. Rules applicable to substance of dispute.
b. Termination of arbitral proceeding.
6. Discuss the law relating to appointment of conciliator, settlement agreement and termination of
conciliation proceeding. (Marks 10)
7. Write short notes on the following: (Marks
a. Interim measures by court under section 9 of the Arbitration and Conciliation Act, 1996
b. Meaning of award and settlement award.
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. Answer the following (each answer should be in approximately 100 words): (Marks 2×10=20)
a. Discuss the important forms of ADR
b. What do you mean by incorporation by reference under section of the Arbitration and
Conciliation Act, 1996
c. Discuss the procedure to challenge an arbitrator
d. Explain the power of arbitral tribunal to pass interim measures.
e. What is the rule relating to claim and defense statement in arbitral proceedings?
f. Discuss the scope of section 31 of the Arbitration and Conciliation Act, 1996.
g. What are the appealable orders under section 37 of the Arbitration and Conciliation Act, 1996?
h. "Filing of an application to set aside an arbitral award does not mean automatic stay on the
enforcement of the award." Discuss
i. Who is a conciliator? What are his roles?
j. Discuss the advantages of ADR over litigation.
2. "There cannot be an arbitration unless there is an arbitration agreement and if there exists an
arbitration agreement, there cannot be anything but arbitration." Discuss. (Marks 10)
3. Discuss the law relating to appointment of arbitrators. How far do you think that the changes made in
section 11 by the Arbitration and Conciliation (Amendment) Act, 2015 shall affect the scope of the
power of arbitral tribunal in section 16? (Marks
4. Explain the ground of "violation of public policy of India" for setting aside an arbitral award. How far
do you think that patent illegality is a ground to set aside an award of international commercial
arbitration? Also discuss the limitation for filing an application under section 34 of the Arbitration and
Conciliation Act, 1996. (Marks
5. Discuss the following: (Marks
a. Rules applicable to substance of dispute.
b. Termination of arbitral proceeding.
6. Discuss the law relating to appointment of conciliator, settlement agreement and termination of
conciliation proceeding. (Marks 10)
7. Write short notes on the following: (Marks
a. Interim measures by court under section 9 of the Arbitration and Conciliation Act, 1996
b. Meaning of award and settlement award.
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