Subject: ALTERNATE DISPUTE RESOLUTION Year:II

SubjectCode: L3CL3 Semester:IV

Course:L.L.B.,(HONS.) Duration:10 AM-1PM
Max.Marks:100
FACULTY OF LAW
ALTERNATE DISPUTE RESOLUTION

PART-A
Answer All questions 15X1=15

1.Which provision of the Code of Civil Procedure, 1980 (“the CPC”) specifically provides for the
settlement of disputes through alternative dispute resolution?

A. There is no specific provision of the CPC providing for alternative dispute resolution.
B. The CPC as a whole provides for alternative dispute resolution.
C. Section 89 of the CPC expressly provides for settlement of disputes through alternative
dispute resolution.
D. It is not the CPC, but rather, the Arbitration Act of 1987 which is the governing law on
alternative dispute resolution in the country today.
.
2. Which of the following most accurately describes the enforceability of an arbitral award?

A. An arbitral award is not binding on the parties; they may choose to follow it if they so wish.
B. An arbitral award, unless set aside by a court of competent jurisdiction, is enforceable in the
same manner as a decree of a civil court.
C. An arbitral award can only be enforced if there is a specific direction from a court that it
should be so enforced.
D. An arbitral award can be enforced, but only upon an application by the arbitrator to a court to
do so. (e) An arbitral award cannot be enforced in the case of commercial disputes

3. Under the Arbitration Act, does the arbitrator have to provide reasons for the award?

A. An arbitrator must always provide reasons for the award.

B. An arbitrator must always provide reasons for the award, and the only exception to this
rule is in the case of an arbitral award on agreed terms.
C. An arbitrator need only provide reasons for the award when specifically requested by the
parties to do so.
D. An arbitrator must always provide reasons for the award, unless the parties have agreed
that no reasons are to be given, or the award is an arbitral award on agreed terms.
 4. Which of the following model law was used by the Indian Arbitration and conciliation Act
1996?
A Constitution of India
B. Guidelines of Supreme Court of India
C. European Commercial Arbitration Procedure
D. UNCITRAL, 1985.

5. In a case relating to arbitration, the arbitral award was remitted under section 16 of the
Arbitration Act, 1940. The date of award was 1st June, 1992. The Arbitration and Conciliation
Act came into force on 22 August, 1996. The validity of award can be challenged under the
A. Limitation Act, 1963
B. General Clauses Act, 1897
C. Arbitration Act, 1940
D. Arbitration and Conciliation Act, 1996

6. Which among the following is the main objective of the Arbitration Act, 1996?
A. To comprehensively cover international commercial arbitration
B. To ensure that arbitral tribunal within the limits of court’s jurisdiction
C. To minimize the supervisory role of courts in the arbitral process
D. none of the above

7. Part I of the Arbitration and Conciliation Act, 1996 applies where

A. the place of arbitration is in India
B. the place of arbitration is outside India, but is in Asia
C. the place of arbitration is outside India, but is in Europe
D. the place of arbitration is anywhere in the world.

8. The power of court to refer parties for arbitration would and must necessarily include, imply
and inhere in it
A. the power and jurisdiction to advise the parties
B. the power and jurisdiction to review the award
C. the power and jurisdiction to appoint the arbitrator
D. the power and jurisdiction to call for another arbitrator.

9 . An arbitral award made under Part l of the Arbitration and Conciliation Act, 1996 shall be
considered as a
A. domestic award
B. foreign award
C. general award
D. international award.
10. In the matters governed by Part I of the Arbitration and Conciliation Act, 1996
A. a judicial authority can intervene generally
B. a judicial authority shall not intervene under any circumstances
C. a judicial authority cannot intervene except where so provided in this Part
D. either (a) or (c).

11. Arbitral proceedings commence

A. on the date on which a request for a dispute to be referred to arbitration is received by the
respondent
B. on the date when the respondent gives consent to the appointment of the arbitrator
C. on the date when the arbitrator issues notice of the parties
D. on the date when the statement of claim and written submission of defence is made.

12. An arbitrator:
A. is chosen and paid by the disputant
B. acts in accordance with privately chosen procedure so far as that is not repugnant to
public policy
C. only (a) is correct
D. both (a) and (b) are correct.

13. An arbitral award:

A. must be connected with the subject-matter of the dispute arbitrated
B. must be founded on principle of trust
C. both (a) and (b) are correct
D. only (a) is correct

14. An arbitral award

A. has to be in writing but need not be signed
B. has to be in writing and signed by the members of the arbitral tribunal
C. may be oral
D. either (a) or (b) or (c)

15. A, a party to a dispute, consented to arbitration by an arbitral tribunal in accordance with the
terms of the arbitration agreement. A participated in the arbitration proceedings, but later wishes
to take the plea that there was no arbitration clause in her agreement with the other party to the
dispute, B. Can A take such a plea

Principle: In view of the principles of acquiescence and estoppel, it is not permissible for a party
to challenge an arbitration clause after proceeding in an arbitration proceeding.

(a) A can take the plea that there was no arbitration clause at any time after the award
of the tribunal.

(b) A has acquiesced to the arbitration by participating in the arbitration proceedings,

 and cannot now take the plea that there was not arbitration clause.

(c) A cannot take the plea that there was no arbitration clause, but can choose whether
or not to follow the arbitral award.

(d) A can take the plea that the arbitration proceedings were not validly conducted.

PART-B-
Answer any five Questions 5X5=25

16. What are the factors which amount to delay in litigation (disposal of cases) in India?
17. What are the ADR modes recognized by Section 89 of CPC?
18. Judicial intervention in arbitral proceeding
19. Enforceability of Settlement-Agreement
20. Ethics in ADR
21. Online Dispute Resolution (ODR)
22. Statutory Arbitration.

PART-C-
Answer any THREE Questions 3X15=45

23. List the advantages of various forms of ADR mechanism over litigation
24.What are the grounds for challenge to the composition of Arbitration-Tribunal, and
Arbitration- Process under section-12 of Arbitration & Conciliation Act 1996 that is initiated
under section-13 of Arbitration & Conciliation Act 1996?
25. What are the Grounds that party have to establish before the Arbitral-Tribunal in order to seek, and
be granted interim-relief under section-9 of Arbitration & Conciliation Act 1996?
26. How do the arbitrators of Arbitration-Tribunal fulfil their assigned role & responsibility towards
ensuring that the Arbitration-Proceedings are conducted in the manner that affords the parties the fair-
hearing on the basis of equality under Arbitration & Conciliation Act 1996?
27. Explain the difference between the ‘adhoc’ and the ‘institutional’ arbitration? Which one would you
suggest and why?
28. Analyze the issue of ‘Justice’ in private justice system. How can the society be satisfied by the
quality of justice in the private justice system? Comment.

PART–D
Answer Any ONE Question 1X15 =15

29. A and B entered into business contract which contains an arbitration clause. A dispute
arose between them. X is appointed as arbitrator and the proceedings commerce during pendency
of proceedings. A came to know that B is about to sell his entire property along with property
which is subject matter of present dispute. In order to restrain B from selling the property during
arbitration proceedings, A filed an application for interim protection in the district court B filed
an objection that A should file the application before arbitrator since arbitral
proceedings are pending. Decide upon the contention of A and B.

30. Their father died recently, leaving the family property to the two sons. Their mother died
earlier, so both parties are the sole surviving heirs. Their father's will is clear regarding the family
home and his other personal property - everything has been divided fifty-fifty. However, the will
mentions that the family portrait, an original painting by a famous Indian Painter, of their parents and
grandparents, and which is a cherished family possession is to go to the father's "favourite child". The
will does not name his favourite child. The two brothers cannot agree on who the father's favourite
child is. Exercise: Resolve the dispute using (i) arbitration (adjudication) OR (ii) mediation.