SYMBIOSIS INTERNATIONAL(DEEMED UNIVERSITY)

(Established under section 3 of the UGC ACT 1956)

Re-Accredited by NAAC with ‘A’ Grade (3.58/4)Awarded Category – l by UGC
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Institute : (0101) SYMBIOSIS LAW SCHOOL, PUNE

Programme: BACHELOR OF ARTS AND BACHELOR OF LAWS (HONOURS)

BACHELOR OF BUSINESS ADMINISTRATION AND BACHELOR OF
LAWS (HONOURS)

Batch : 2017-22

Semester : IX

Course : Alternative Dispute Resolution (Clinical Course II)

Course Code : 101250902 / 101260902

Date :02/12/2021 Maximum Marks : 60

Day :Thursday Time : 09:30am to 12:00pm

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Instructions :

• All questions are compulsory and carry equal marks.

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Q.1 “Conciliation takes its central stage with an understanding of both the CO
parties, while arbitration interplays between the parties’ actions.” NO
Explain the statement and also analyze in detail the legal framework for 1,2
conciliation in India.
OR

Q.1 The disputing parties A and B appointed C as a Conciliator to settle a dispute CO

between them. C determined the procedure of conciliation, conducted few NO
sittings, drew up the settlement agreement himself and sent the same to the 1,2,3
Court in a sealed cover duly signed by him.
In the light of the above facts, answer the following questions:
a) Is the conduct of C proper as per the scheme of conciliation?
b) Can such an agreement be valid and given effect?
c) What would have been the legal effect if such an agreement is signed
by ’A’ &’ B’ and thereafter authenticated by ‘C’?
Substantiate your answer with legal provisions and judicial precedents.

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Q.2 A and B agreed to enter into business relationship and mention in their CO
contract that future disputes will not be subjected to litigation but alternative NO
disputes resolution mechanism, preferably arbitration. They decided to reduce 1,2,3
the specific agreement in writing when the dispute actually arises in future.
a) Is there a valid arbitration agreement between them?
b) What will be the legal position if they write an arbitration agreement
but confer the power of appointment of arbitrator upon C who is not a
party to the agreement?
Answer the questions by analyzing the legal provisions and judicial
precedents.

OR

Q.2 A and B appoints C as a mediator for resolving their personal dispute. C CO

conducts the meeting with both the parties and starts questioning them over NO
their actions which led to such kind of dispute between them. C asked the 1,2,3
parties to provide all the documents and also went to their house to collect
necessary evidences in the matter. After examining all the records and
statements by the parties, C proceeds to draw terms of settlement between
parties and hands over the settlement agreement to parties for their
signature. B refuses to abide by the agreement and A seeks its enforcement.
In the above context, decide the following:
a) Is it an appropriate mediation proceeding?
b) Was C justified in her conduct as mediator?
c) Can the present settlement agreement be enforced?
Substantiate your answer with legal provisions and judicial precedents.

Q.3 A and B, two Indians, choose English law for governing their arbitration and CO
London as the venue for arbitration proceedings. Award is made by the NO
arbitrator and A seeks its enforcement in India for business purposes to which 1,2,3
B objects and files an application in Indian court to set aside the award. B
claims that such award is vitiated by excessive jurisdiction usurped by the
arbitrator. A claims that Indian courts have no jurisdiction in the matter. The
court finds that the award is vitiated by infringement of fundamental public
policy of India as parties, both Indian nationals, cannot choose foreign country
as their place of arbitration and oust the Indian jurisdiction. Such conduct is
against Public policy of India. The Court accepts the application and proceeds
to dispose of the same. A is restrained from enforcement of award during
pendency of such application due to which A suffers huge financial loss. A
decides to challenge such decision and seeks remedy.
Advise A in the following context:
a) Whether present arbitral award is valid and enforceable in India?
b) What is ‘Public Policy’ of India and does it vitiate the award in the
present case?
 c) What are the other grounds for challenging the arbitral award?
Substantiate your advice by explaining the legal provisions and judicial
precedents.

OR

Q.3 “E-Lok Adalat can serve as one of the greatest tools for dissemination and CO
disinfection of administration of justice in India.” NO
Explain the statement and analyze the development of E-Lok Adalat in India. 1,2,3
Substantiate your analysis with recent legal developments.

Q.4 Family business was run by A, B, C and D in which a dispute arose and the CO
matter was decided to be resolved by arbitration. A and B appointed an NO
arbitrator. C appointed second arbitrator and assumed that D, who is 2,3,4
medically ill, will have no objection with the name of arbitrator. Arbitration
takes place and award is passed by two arbitrators. A and B seeks to enforce
the award. D objects to such award on the ground, firstly, that having only
two arbitrators is not permitted by the present Indian law of arbitration and,
secondly, despite the objection taken by C and D to the nature of
appointment and validity of the arbitration agreement. Despite such
objections, award was passed by the arbitrators and deserves to be set aside.
Decide their claim in the context of following:
a) Whether appointment of arbitrators in the present case vitiated and
requires termination of their mandate?
b) What are the grounds for challenging the appointment of arbitrator?
c) Can arbitrator proceed with the arbitration despite objections to its
Jurisdiction?
Substantiate your answer with legal provisions and judicial precedents.

OR

Q.4 A and B, business partner, agree to arbitrate the dispute and appoints an CO
arbitrator for the same. Award is passed in a foreign country ‘XYZ’ and A, NO
Indian national, seeks its enforcement in India to which B, foreign national, 2,3,4
objects on the ground that it is not a foreign arbitral award as both the parties
need to have foreign nationality for a foreign award and thus not enforceable
in India.
Advise A in the following context
a) What is ‘Foreign Arbitral Award’?
b) How is it governed by the Indian law on arbitration?
c) Can arbitration in the present case be considered as International
Commercial Arbitration?
Substantiate your advice with analysis of legal provisions and judicial
precedents.
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Q.5 A and B entered into an agreement which contained a clause that any dispute CO
which may arise out of their relationship will be governed by UNCITRAL NO
Model Law on International Commercial Arbitration and the place of 1,2,3
arbitration shall be Singapore unless parties decide otherwise as per their
convenience. A plans to dispose of the property which is a valuable asset for
their contractual relationship. B applies for interim relief before the court in
Delhi for restraining A. A objects to such application by stating that by
choosing Singapore as place of arbitration, parties have in fact chosen it as
seat of arbitration itself and so Indian courts have no jurisdiction over the
matter.
Decide the maintainability of the application in light of following,
a) Whether Venue, Place and Seat of arbitration are different?
b) What is the test to determine the law applicable to the arbitration?
c) Can Indian courts entertain an application for interim relief in the
present case?
Substantiate your answer with legal provisions and judicial precedents.

OR

Q.5 A and B agrees to be bound by the rules of American Arbitration Association CO

for their arbitration to be held in New York. Dispute takes place and NO
arbitration proceedings are commenced during which emergency award is 2,3,4
passed by an arbitrator in favor of A. A seeks its enforcement in India when
B attempts to dispose off the property situated in India and a possible
security for emergency award. B objects to such enforcement on the ground
that such award is not recognized in Indian law of arbitration anywhere and
thus not enforceable except in USA.
Is A entitled to enforcement of the award? Substantiate your answer with
detail analysis of legal provisions and judicial precedents.

Q.6 Short Notes (Any two): CO

NO
a) Judicial intervention and Arbitration 1,2,3,4
b) Hybrid ADRS
c) ADR and Online Disputes
d) Suitability of Early Neutral Evaluation in India

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