Question Bank

Arbitration and ADR

Answer the following (12 Marks)
1. When an Arbitral Award can be set aside? *********
2. Explain the procedure of Lok Adalat. ****
3. Explain the concept of Foreign Award with the help of two Conventions. ******
4. Explain in detail Conciliation Procedure.
5. What are the powers of Arbitral Tribunal to proceed Ex Parte? Discuss with the help
of decided cases. **
6. What are the provisions relating to Correction, Interpretation, and Additional Award?
7. Give importance of Lok Adalat in Judicial System. ******
8. Write detail about Arbitrator.
9. Discuss briefly the provisions governing conduct of arbitral proceedings.
10. Explain the Appointment of Conciliator.
11. Distinguish between Arbitration and Conciliation.
12. Explain the Judicial help in Arbitration Process.
13. What is Setting Aside of an Award?
14. Explain the procedure relating to the appointment of Conciliator and the role of
Conciliator in settlement of dispute.
15. State the salient features of the Arbitration and Conciliation Act, 1996. *******
16. State the Composition and power and duties of an Arbitral Tribunal.
17. Explain the procedure and power of Conciliator for Settlement of Dispute. **
18. How does an Arbitrator is appointed? **
19. What are the forms and contents of Arbitral Award? **
20. What are Conventional Award? Explain it with the help of two important
Conventions.**
21. When and how can an Arbitral Award be challenged? **
22. State an importance of an Arbitration Agreement in an Arbitral Process. **
23. When an Award becomes final. **
24. State the Forms and Contents of Arbitration Agreement.
25. State the Jurisdiction of Arbitral Tribunal.
26. State the procedure and importance of Settlement Agreement.
27. Explain in detail Arbitration Tribunal.
28. Explain, Conciliation Procedure plays important role in Settlement of Dispute.
29. When and how Arbitration Proceeding gets terminated?
30. Explain the role of Court in Arbitration Procedure.
31. “Arbitration Act, 1996 is not limited for India. Explain.
32. Explain in detail Conciliation Procedure.
33. Discuss briefly the provisions governing conduct of Arbitral Proceedings.
34. Initially power to appoint an arbitrator is in hands of party but Court also has power.
Explain.
35. Responsibility of Lok Adalat in Judiciary is increasing day by day. Explain.
36. Explain International Arbitration.

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37. Conciliation is simple and important instrument for Settlement of Dispute between
parties.
38. Explain the term “Foreign Award” with the provisions for enforcement.
39. Though Conciliation, Arbitration, and Mediation are sources of Settlement of Dispute
everyone is different. Explain.
40. In Arbitration ultimate power is in hands of party. Express your opinion.
41. Section 34 of an Arbitration and Conciliation Act, 1996 gives justice to parties even
after declaration of an Award. How?
42. Discuss composition of the arbitral tribunal under the Arbitration and Conciliation
Act, 1996.
43. Arbitration and Conciliation Act, 1996 has wide scope than Act of 1940. Discuss.
44. Explain the Concept of Lok Adalat.
45. Explain essentials of the Arbitration Award and dicuss the process to execute the
same.
46. Explain in detail Lok Adlat vis-a-vis Permanent Lok Adalat
47. Discuss the composition, Jurisdiction, and Powers of Arbitral Tribunal.
48. Ex parte Award is a weapon in hands of an arbitrator with restricted use. Explain.
49. Explain. Conciliation Procedure is more easy than an Arbitration Procedure.
50. Explain composition of Arbitral Tribunal. **
51. Arbitration Agreement does not include appointment of a particular arbitrator.
Explain with essential conditions of valid Arbitration Agreement.
52. Conventions make Foreign Awards more effective. Explain.
53. Discuss briefly Geneva Convention of Awards. ***
54. What is Lok Adalat? Discuss Award, Jurisdiction and Power of Lok Adalat. ***
55. What are the provisions relating to Correction, Interpretation and Additional Award?
***
56. Why the measures of Alternate Dispute Resolution are not accepted in India? **
57. Arbitrator can get assistance of Court but not interference. Discuss. ***
58. What is conciliation? State the difference between Arbitration and Conciliation. **
59. What is meant by Lok Adalat? What are the reasons and object of establishing Lok
Adalat? **
60. Conciliator is the role of complete trust, secrecy and confidence which is maintained
by legal provisions. Discuss. ***
61. What are the interim measures that Court may grant under Section 9 before or during
the arbitration proceedings? ****
62. The Agreement executed in conciliation has different effect than any other agreement.
Discuss.
63. What is Foreign Award? What are the conditions in which it can be enforced in India?
64. Define Foreign Award? When Foreign Award can become binding and enforceable?
65. What is an Arbitration? Discuss various type of arbitration? **
66. What do you mean by Lok Adalat? Discuss the legal effect and benefits of setting
disputes by Lok Adalat?
67. Explain the provisions relating to appointment of conciliator and role of conciliator.
**
68. What isLok Adalat? Discuss the legal effect and benefits of setting disputes by Lok
Adalat.

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 69. Discuss the provisions regarding the commencement and conduct of Arbitral
Proceedings.
70. What is Arbitral Agreement? What are its features? How does an arbitration clause
differ from the other clauses of contract?
71. What is conciliation? Explain the powers and functions of Conciliators?
72. Judicial Process is to assist arbitration process not to interfere? In how many manners
the judicial powers can be invoked in process of arbitration?
73. Arbitration and Conciliation Act, 1996 aims speedy disposal of the dispute. Explain
quoting relevant provisions.
74. When Arbitration proceedings are terminated?
75. What are essential elements of award? What are grounds available to challenge
award?
76. Explain Special features of New York Conventions.
77. Explain the process of Conciliation leading to settlement Agreement. How he
settlement Agreement can be executed?
78. What is Arbitration Agreement? Discuss in detail.
79. Explain essentials of Arbitration Award and discuss the procedure to execute the
same.
80. Discuss the legal effects and provisions related with settlement agreement executed
after mediation.
81. On what grounds the appointment of Arbitrator can be challenged under the
Arbitration and Reconciliation Act.
82. Explain the rules applicable to substance of dispute as per the provisions of Section 28
of the Arbitration and Reconciliation Act.

Short Notes (5 Marks):

1. Appointment of an Arbitrator *********
2. Termination of Arbitral Proceedings ******
3. Conciliation Procedure **
4. Settlement Agreement *******
5. Role of Court in Arbitration and Conciliation Proceedings **
6. Working Process of Lok Adalat **
7. New York Convention ****
8. Foreign Award *****
9. Place of Arbitration
10. Conciliation Agreement
11. Conciliation
12. Essential Conditions of Arbitration Agreement
13. Effect of Death and Insolvency of the Parties on Arbitration Proceedings. *****
14. Importance of Lok Adalat ****
15. Arbitral Tribunal*
16. Difference Between Arbitration and Conciliation ***********
17. Alternative Means of Settlement of Disputes ***
18. Role of Conciliator ***
19. Salient Features of the Arbitration and Conciliation Act, 1996 **

Arbitration and ADR Question Bank Page No. 3

20. International Commercial Arbitration **********
21. Appointment of Arbitrator by Court **
22. Commencement of Conciliation
23. Correction, Interpretation, and Addition of Arbitration Award **
24. Status of an Arbitration Clause in Contract
25. Arbitral Award **
26. Advantages of Lok Adalat
27. Conventional Award ***
28. Composition of Arbitral Tribunal
29. Permanent Lok Adalat
30. New York Convention
31. Role of Chief Justice in appointment of an Arbitrator **
32. Confidentiality in Arbitration
33. Compare Award of an Arbitrator with Settlement Agreement
34. Bargaining abilities of parties to the Arbitration Agreement
35. Rule Making Power of Arbitrator **
36. Legal Services Authorities Act
37. Arbitration Tribunal **
38. Forms and Contents of Arbitration Agreement *******
39. Finality of an Arbitrator by Chief Justice
40. Finality of an Arbitral Award
41. Appointment of Conciliator **
42. Cost Under Section 78 **
43. Power of Arbitration Tribunal to appoint Expert under Section 26 ****
44. Interim Award *****
45. Arbitration Agreement ****
46. Settlement Agreement Under Section 73 of the Act **
47. Lok Adalat ***
48. Lien on Award ***
49. Settlement Award
50. Commencement of Arbitration ***
51. Forms and Contents of Arbitral Award ***
52. Power of Arbitrator to Award Interest **
53. Foreign Award when Binding ***
54. Confidentiality in Conciliation
55. Jurisdiction of Court in Arbitration **
56. Interim Order by Tribunal
57. Enforcement of Foreign Award
58. Geneva Convention
59. Bar of Limitation under Section 43 of Act
60. Lok Adalat vis-à-vis Permanent Lok Adalat **
61. Jurisdiction of Lok Adalat ***

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