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4 Marks.
1. Arbitral Tribunal.
Answer :- Arbitral Tribunal :- According to Section 2(1)(d) of the Arbitration and
Conciliation Act, 1996 ‘ arbitral tribunal ‘ means “ a sole arbitrator or a panel of
arbitrators ‘.
Section 10(1) of the Act of 1996.
➢ The parties are free to determine the number of arbitrators, provided that
such number shall not be an even number.
➢ Filing the determination referred to in sub-section (1), the arbitral tribunal
shall consist of a sole arbitrator.

2. Interim Award.
OR
Award.
OR
Arbitral Award
Answer :- The term ‘ award ‘ is not defined in the arbitration Act, 1940 or the
Arbitration and Conciliation Act, 1996. According to Section 2(1)(c) of the
Arbitration and Conciliation Act, the term “ arbitral award “ includes an interim
award. It means “ decision of a person, to whom a dispute is referred to by the
parties to the dispute “. In other words, award is a decision of an arbitrator, which
is biding on parties to the dispute. The Privy Council in Laldas Vs. Bal Lal, 11 Bom.
LR 20 laid down that “ an arbitral award is equivalent to the judgement of a Court
‘.

3. Legal Services Authority.

Answer :- National Legal Services Authority of India (NALSA)
Constituted under the Legal Services Authorities Act of 1987, the National Legal
Services Authority of India was established to create a nationwide network
uniform in nature that would provide competent legal services to the weaker
sections of the society at no cost. The Authority came into force only in November
1995.
The Supreme Court of India first started the ‘National Legal Services Day’ in 1995.
• Another function of NALSA is to organize Lok Adalats for a quick resolution
of the cases.
• The Patron-in-chief is the Chief Justice of India.
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• The Executive Chairman of the Authority is the second senior-most judge of
the SC.
• At the state level, the State Legal Services Authority has been constituted to
give effect to the policies of NALSA at the state level, and also to
conduct Lok Adalats in the states. NALSA provides funds for the State Legal
Services Authority for the implementation of the various legal aids and
programmes.
• At the district level also, the District Legal Services Authority has been
established.
• Taluk Legal Services Committees are also constituted for each of the Taluk
or Mandal or for a group of Taluk or Mandals to coordinate the activities of
legal services in the Taluk and to organise Lok Adalats. Every Taluk Legal
Services Committee is headed by a senior Civil Judge operating within the
jurisdiction of the Committee who is its ex-officio Chairman.

4. Principles of Natural Justice.

Answer :- ‘Natural’ justice does not simply mean justice discovered in nature. It is
a compilation of ideas that should be naturally connected with justice, regardless
of whether these ideas are part of law. Natural justice applies comprehensively to
administrative discretion. Its goal is to prevent mischievousness and unfairness
towards the resident with managing authorities.
The principles of natural justice in India are those regulations made by the courts
as being the least protection of the person’s rights against the arbitrary policy
that judicial, quasi-judicial principles of natural justice in administrative
law power may adopt while making an order working on those rights.
The committee on Minister’s Power or Frank Committee has laid down the
following norms of natural justice:
1. No one shall determine in his own cause
2. Making accessible a copy of the statutory report
3. No one should be convicted without a hearing
4. A party has the right to know all the causes of the decision

5. Law Commission of India.

Answer :- The Law Commission is an executive body which is established by the
government for a fixed tenure. It acts as an advisory body to the Law Ministry.
• The Law Commission is neither a statutory nor a constitutional body.
• It is primarily composed of legal experts.
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• The first Law Commission in India was formed in 1955 with its chairman
being the then Attorney-General of India, M. C. Setalvad.
• The Law Ministry has initiated the process of forming a new Law
Commission.
• The Commission submits reports to the government on various matters of a
legal nature. The reports are not binding on the government, which can
either reject or accept them.
Law Commission Members
The Commission comprises of legal and judicial experts. There is a Chairperson
and other members in the Commission. The Law Secretary and the Secretary
(Legislative) under the Law Ministry are ex-officio members.

6. Adjudication.
Answer :- An adjudication is a legal ruling or judgment, usually final, but can also
refer to the process of settling a legal case or claim through the court or justice
system, such as a decree in the bankruptcy process between the defendant and
the creditors.
Normally, an adjudication represents the final judgment or pronouncement in a
case that will determine the course of action taken regarding the issue
presented. Outside of a legal process, adjudication can also more generally refer
to other formal processes of judgment or ruling that render a final decision, such
as the process of validating an insurance claim.
• Adjudication is the process by which a court judge resolves issues between
two parties.
• Adjudication hearings are similar to the arbitration hearing process.
• Generally, adjudication hearings involve money or nonviolent infractions
that result in a distribution of rights and obligations for all parties involved.

7. Lokpal.
Answer :- The word "Lokpal" is derived from the sanskrit word "loka" meaning
people and "pala" meaning protector or caretaker. Together it means "protector
of people". The aim of passing such a law is it to eradicate corruption at all levels
of the Indian polity. For a nation to develop it needs to have an extremely well
organized and meticulously planned organization.
A failure of the administrative set up reflects on the holistic growth of the state,
the biggest reason for the failure of the administration can be attributed to the ill
effects of corruption. The growth of the country has been plagued by corruption
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and it has extended its wings through out the entire administrative set up. To root
out the menace of corruption the institution of "ombudsman" came up and has
played a great role in fighting administrative malpractices.

8. Appeal.
Answer :- Section 37 Appealable orders :-
(1) An appeal shall lie from the following orders (and from no others) to the Court
authorised by law to hear appeals from original decrees of the Court passing the
order, namely:—
(a) granting or refusing to grant any measure under section 9;
(b) setting aside or refusing to set aside an arbitral award under section 34.
(2) An appeal shall also lie to a Court from an order granting of the arbitral
tribunal.—
(a) accepting the plea referred in sub-section (2) or sub-section (3) of
section 16; or
(b) granting or refusing to grant an interim measure under section 17.
(3) No second appeal shall lie from an order passed in appeal under this section,
but nothing in this section shall affect or take away any right to appeal to the
Supreme Court.

9. Arbitration Agreement.
Answer :- Section 7 Arbitration Agreement :-
(1) In this Part, "arbitration agreement" means an agreement by the parties to
submit to arbitration all or certain disputes which have arisen or which may arise
between them in respect of a defined legal relationship, whether contractual or
not.
(2) An arbitration agreement may be in the form of an arbitration clause in a
contract or in the form of a separate agreement.
(3) An arbitration agreement shall be in writing.
(4) An arbitration agreement is in writing if it is contained in
(a) a document signed by the parties;
(b) an exchange of letters, telex, telegrams or other means of
telecommunication [including communication through electronic means]
which provide a record of the agreement; or
(c) an exchange of statements of claim and defence in which the existence
of the agreement is alleged by one party and not denied by the other.
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(5) The reference in a contract to a document containing an arbitration clause
constitutes an arbitration agreement if the contract is in writing and the reference
is such as to make that arbitration clause part of the contract.

10. Conciliation.
Answer :- Conciliation is an alternative out-of-court dispute resolution
instrument. Like mediation, conciliation is a voluntary, flexible, confidential, and
interest based process. The parties seek to reach an amicable dispute settlement
with the assistance of the conciliator, who acts as a neutral third party.
The main difference between conciliation and mediation proceedings is that, at
some point during the conciliation, the conciliator will be asked by the parties to
provide them with a non-binding settlement proposal. A mediator, by contrast,
will in most cases and as a matter of principle, refrain from making such a
proposal.
Conciliation is a voluntary proceeding, where the parties involved are free to
agree and attempt to resolve their dispute by conciliation. The process is flexible,
allowing parties to define the time, structure and content of the conciliation
proceedings. These proceedings are rarely public. They are interest-based, as the
conciliator will when proposing a settlement, not only take into account the
parties' legal positions, but also their; commercial, financial and / or personal
interests.
Like in mediation proceedings, the ultimate decision to agree on the settlement
remains with the parties.

11. Additional award.

Answer :- An additional award is a type of award which is given after the principal
award has been delivered. Generally, it is considered as an award that contains all
the corrections and interpretations of the provisions provided in the principal
award. But to acquire an additional award one has to write to the tribunal
requesting to schedule a further hearing.
The reason behind asking for an additional award is human fallibility which may
constitute omissions, ambiguities or mistakes. Just like court judgements, arbitral
awards are subject to such defects which can be corrected by the arbitrators.
Usually, an award when it is given by the arbitrator or tribunal is a final award
which means it is unambiguous and has dealt with all the issues which make
it functus officio. Now functus officio means when an award is given by the
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tribunal it is considered as final award and is subject to limited exceptions for the
correction and interpretation of the awards.

12. Gram Sabhas.

Answer :- Gram Sabha :-
• The term Gram Sabha is defined in the Constitution of India under Article
243(b).
• Gram Sabha is the primary body of the Panchayati Raj system and by far the
largest.
• It is a permanent body.
• Gram Sabha is the Sabha of the electorate. All other institutions of the
Panchayati Raj like the Gram Panchayat, Block Panchayat and Zilla Parishad
are constituted by elected representatives.
• The decisions taken by the Gram Sabha cannot be annulled by any other
body. The power to annul a decision of the Gram Sabha rests with the Gram
Sabha only.
Members of Grama Sabha
Who are the members of Gram Sabha
• Persons, those who are above 18 years of age and
• living in the village and
• whose names are included in the electoral rolls for the Panchayat at
the village level.

13. Arbitration.
Answer :- Arbitration :- Arbitration is outside the court settlement of a dispute by
one or more (odd number) persons who are appointed as arbitrators by both the
parties. According to Section 2(1)(a) of the Arbitration and Conciliation Act,
1996 “Arbitration means any arbitration whether or not administered by
permanent arbitral institution”. In other words, any form of arbitration
irrespective of its nature has been recognised statutorily in India by bringing such
arbitration under the ambit of the Arbitration and Conciliation Act, 1996. It
consists of a simplified trial, with simplified rules of evidence and with no
discovery. Arbitration hearings are usually not a matter of public record. The
arbitral award is binding on the parties just like a court decree or order.
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14. Administrative Tribunal.
Answer :- Administrative Tribunals
o Administrative Tribunals was set-up by an act of
Parliament, Administrative Tribunals Act, 1985. It owes its origin
to Article 323 A of the Constitution.
• It adjudicates disputes and complaints with respect to recruitment
and conditions of service of persons appointed to the public
service and posts in connection with the affairs of the Union and
the States.
o The Administrative Tribunals Act, 1985 provides for three types of
tribunals:
• The Central Government establishes an administrative tribunal
called the Central Administrative Tribunal (CAT).
• The Central Government may, upon receipt of a request in this
behalf from any State Government, establish an administrative
tribunal for such State employees.
• Two or more States might ask for a joint tribunal, which is called
the Joint Administrative Tribunal (JAT), which exercises powers of
the administrative tribunals for such States.
o There are tribunals for settling various administrative and tax-related
disputes, including:
• Central Administrative Tribunal (CAT), Income Tax Appellate
Tribunal (ITAT), Customs, Excise and Service Tax Appellate Tribunal
(CESTAT), National Green Tribunal (NGT), Competition Appellate
Tribunal (COMPAT) and Securities Appellate Tribunal (SAT), among
others.

15. Judicial Settlement.

OR
Settlement.
Answer :- Section 89 Settlement of disputes outside the Court.
(1) Where it appears to the Court that there exist elements of a settlement which
may be acceptable to the parties, the Court shall formulate the terms of
settlement and give them to the parties for their observations and after receiving
the observations of the parties, the Court may reformulate the terms of a possible
settlement and refer the same for:--
(a) arbitration;
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(b) conciliation;
(c) judicial settlement including settlement through Lok Adalat: or
(d) mediation.
(2) Were a dispute has been referred--
(a) for arbitration or conciliation, the provisions of the Arbitration and
Conciliation Act, 1996 (26 of 1996) shall apply as if the proceedings for
arbitration or conciliation were referred for settlement under the
provisions of that Act;
(b) to Lok Adalat, the Court shall refer the same to the Lok Adalat in
accordance with the provisions of sub-section (1) of section 20 of the Legal
Services Authority Act, 1987 (39 of 1987) and all other provisions of that
Act shall .apply in respect of the dispute so referred to the Lok Adalat;
(c) for judicial settlement, the Court shall refer the same to a suitable
institution or person and such institution or person shall be deemed to be a
Lok Adalat and all the provisions of the Legal Services Authority Act, 1987
(39 of 1987) shall apply as if the dispute were referred to a Lok Adalat
under the provisions of that Act;
(d) for mediation, the Court shall effect a compromise between the parties
and shall follow such procedure as may be prescribed.

16. Lokpal and Lokayukta.

Answer :- The Lokpal and Lokayukta Act 2013 is generally called the Lokpal act
which is an anti-corruption act passed by the Parliament of India.
• The Lokpal and Lokayukta bill 2013 was passed by the Upper house on 17th
December 2013.
• The Lokpal and Lokayukta bill received assent from the President of India
on 1st January 2014 which further came into force on 16th January.
• Lokpal and Lokayukta are the bodies that fulfill the responsibility of an
ombudsman which means an authority that investigates the complaints
related to a person, organization, or any government agency for the claims
of corruption.
Lokpal :- The Lokpal is the first organization and one of its own kind in India.
Lokpal was established under the Lokpal and Lokayukta Act 2013 whose main task
was to enquire and investigate the cases related to corruption with respect to the
officials and organizations at the Central level.
Lokpal of India is purely committed to making clean governance in India and
hence it makes all genuine efforts to serve the public domain. As India is the
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secretary member of the United Nations Convention against Corruption therefore
the construction of such a body to punish the act of corruption is an important
move.
Lokayukta :- Lokayukta is the same as the Lokpal as it is also an anti-corruption
authority for the states of India. The Lokayukta keeps an eye on the officials and
public organizations and investigates the allegations of corruption and
maladministration.
Lokayukta is created as the statutory authority with fixed terms of office to enable
them to carry out their duties impartially and independently. Generally, the
person appointed for Lokayukta is the one who has served as the Chief Justice of
the High Court or the Supreme Court.

17. Mediation.
Answer :- Mediation is another of the methods of alternative dispute resolution
(ADR) available to parties. Mediation is essentially a negotiation facilitated by a
neutral third party. Unlike arbitration, which is a process of ADR somewhat similar
to trial, mediation doesn't involve decision making by the neutral third party. ADR
procedures can be initiated by the parties or may be compelled by legislation, the
courts, or contractual terms.
➢ When parties are unwilling or unable to resolve a dispute, one good option
is to turn to mediation. Mediation is generally a short-term, structured,
task-oriented, and "hands-on" process.
➢ In mediation, the disputing parties work with a neutral third party, the
mediator, to resolve their disputes. The mediator facilitates the resolution
of the parties' disputes by supervising the exchange of information and the
bargaining process. The mediator helps the parties find common ground
and deal with unrealistic expectations. He or she may also offer creative
solutions and assist in drafting a final settlement. The role of the mediator
is to interpret concerns, relay information between the parties, frame
issues, and define the problems.

18. Party Participation.

OR
Party Participation and Control.
Answer :- Party participation in the mediation process is the crux of
the mediation process. When parties agree to a mediation process, they then
have the power vested in them to arrive at a mutually acceptable solution to the
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dispute. The mediator has power over the process, but not the outcome. The
mediator should be impartial and have no influence or control over the outcome.
The mediation is an endeavour by the parties to reach an agreement, usually to
avoid, or in preference to a court based processes.
Mediation allows flexibility, control and participation of the disputing parties.
Mediation is a far more satisfactory way of resolving disputes as compared to
litigation. There is no appeal or revision in a mediated case and all disputes get
finally settled.

19. Advantages of Adversarial.

Answer :-
➢ It is seen as fair and less prone to abuse :- Those who support this system
often argue that it is fairer and less prone to abuse than other legal
systems, as it does not allow any room for the state to favor against the
defendant. Instead, it allows private litigants to settle disputes in amicable
means through pre-trial and discovery settlements, where non-contested
facts will be agreed upon to try not to deal with them in the litigation
process.
➢ It properly observes the rights of the defending and prosecuting parties :-
In this judicial system, an accused individual is given the right to remain
silent, get a lawyer to help him state the case and remain innocent until
proven guilty, which is a crucial aspect in the outcome of the case. As for
the prosecution, they are also allowed to present facts as they interpret
and understand them. Another thing is that the government is advised on
all criminal matters.
➢ It allows both sides to support their positions :- The adversarial system
allows both parties to present witnesses and evidence to support their
positions, where they can cross examine witnesses, independently analyze
evidence and challenge arguments. The objective here is to present all the
facts for the benefit of the jury and the judge in deciding what really
happened and who should be held responsible.
➢ It provides power to the police :- In this approach, the police play an
essential role in the path to justice, where they are the ones who will run
the investigation while adhering to certain conditions, such as presenting a
warrant. They cannot detain an accused individual without proper arrest.
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➢ It does not promote bias :- The jury and the judge are expected to remain
impartial—after all they are chosen using criteria that are designed to get
rid of people who might be biased in a certain case. Basically, this system
presents the contest to individuals who do not have interest in the
outcome and can evaluate the facts objectively. However, this system can
become complicated, where lawyers on both sides can use rhetorical, but
legal, strategies to influence opinion that can affect the outcome of the
trial.
➢ It hears the stories from both sides :- Generally, this system does not allow
the Judge to comment until both sides are heard, making him less biased
and lessening the possibility of public protest to the verdict.

20. Termination of Arbitrator.

Answer :- Section 15 Termination of mandate and substitution of arbitrator.
(1) In addition to the circumstances referred to in section 13 or section 14, the
mandate of an arbitrator shall terminate—
(a) where he withdraws from office for any reason; or
(b) by or pursuant to agreement of the parties.
(2) Where the mandate of an arbitrator terminates, a substitute arbitrator shall
be appointed according to the rules that were applicable to the appointment of
the arbitrator being replaced.
(3) Unless otherwise agreed by the parties, where an arbitrator is replaced under
sub-section (2), any hearings previously held may be repeated at the discretion of
the arbitral tribunal.
(4) Unless otherwise agreed by the parties, an order or ruling of the arbitral
tribunal made prior to the replacement of an arbitrator under this section shall
not be invalid solely because there has been a change in the composition of the
arbitral tribunal.

21. New York and Geneva Convention.

Answer :-
New York Convention
o The Convention on the Recognition and Enforcement of Foreign Arbitral
Awards, also known as the "New York Arbitration Convention" or the
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"New York Convention", is one of the key instruments in international
arbitration.
• Arbitration is a procedure in which a dispute is submitted, by
agreement of the parties, to one or more arbitrators (an
independent person/body) who make a binding decision on the
dispute.
o It applies to the recognition and enforcement of foreign arbitral
awards and the referral by a court to arbitration.
o The Convention was adopted by the United Nations (UN) following a
diplomatic conference held in May and June 1958 at the UN
Headquarters in New York, and entered into force on 7th June, 1959.
o The Convention has 166 state parties (Countries).
o India is a party to the Convention.
Geneva Convention
The Geneva Conventions are four treaties, and three additional protocols, that
establish international legal standards for humanitarian treatment in war. The
singular term Geneva Convention usually denotes the agreements of 1949,
negotiated in the aftermath of the Second World War (1939–1945), which
updated the terms of the two 1929 treaties and added two new conventions. The
Geneva Conventions extensively define the basic rights of wartime prisoners,
civilians and military personnel, established protections for the wounded and sick,
and provided protections for the civilians in and around a war-zone.[1]
The Geneva Convention defines the rights and protections afforded to non-
combatants. The treaties of 1949 were ratified, in their entirety or
with reservations, by 196 countries.[1] The Geneva Conventions concern only
prisoners and non-combatants in war. They address the use of weapons of war,
which are addressed by the Hague Conventions of 1899 and 1907, which concern
conventional weapons, and the Geneva Protocol, which
concerns biological and chemical warfare.

22. Adversary Process.

Answer :- The method courts use to resolve disputes. Through the adversary
process, each side in a dispute has the right to present its case as persuasively as
possible, subject to the rules of evidence, and an independent fact finder, either
judge or jury, decides in favor of one side or the other.
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23. Reasoned Decision.
Answer :- Reasoned Decision :- The importance of ‘reason’ in the legal system is
to connect the dots between facts and decision; it helps in establishing
precedents to the system therefore it adds more certainty. Reasons provided
must be clear, cogent and succinct. This feature works on two principles; firstly, if
lower body has given adequate reasons and higher body is affirming that decision
then it is not necessary to provide anymore reasons but if the higher body is
altering lower body’s decision then reasons must be provided. Secondly, if the
higher body is affirming lower body’s decision who has not given adequate
reasons then the latter must provide with it.
In the case, Eurasian equipment and chemicals limited vs. State of West Bengal,
all the executive engineers were blacklisted. Supreme Court held that without
giving a valid and reasonable ground the administrative body cannot blacklist
anyone on blanket orders; further the individual who has been show caused
should be given a fair opportunity to be heard.

24. Foreign Award.

Answer :- A foreign arbitration is an arbitration conducted in a place outside
India, and the resulting award is sought to be enforced as a foreign award. Ad hoc
Arbitration. Ad hoc arbitration is arbitration agreed to and arranged by the parties
themselves without recourse to any institution.
Section 44 Arbitration and Conciliation Act,1996 defines "foreign award" as an
arbitral award on differences between persons arising out of legal relationships,
whether contractual or not, considered as commercial under the law in force in
India.
The Section further provides that the above mentioned provisions should be in
pursuance of an agreement in writing for arbitration to which the Convention set
forth in the First Schedule applies, and in one of such territories as the Central
Government, being satisfied that reciprocal provisions have been made may, by
notification in the Official Gazette, declare to be territories to which the said
Convention applies.

25. Negotiation.
Answer :- The term negotiation refers to a strategic discussion intended to
resolve an issue in a way that both parties find acceptable. Negotiations involve
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give and take, which means one or both parties will usually need to make some
concessions.
Negotiation can take place between buyers and sellers, employers and
prospective employees, two or more governments, and other parties. Here is
how negotiation works and advice for negotiating successfully.
➢ Negotiation is a strategic discussion between two parties to resolve an
issue in a way that both find acceptable.
➢ Negotiations can take place between buyers and sellers, employers and
prospective employees, or the governments of two or more countries,
among others.
➢ Successful negotiation usually involves compromises on the part of one or
all parties.

26. Place of Arbitration.

Answer :- Section 20 Place of arbitration :-
(1) The parties are free to agree on the place of arbitration.
(2) Failing any agreement referred to in sub-section (1), the place of arbitration
shall be determined by the arbitral tribunal having regard to the circumstances of
the case, including the convenience of the parties.
(3) Notwithstanding sub-section (1) or sub-section (2), the arbitral tribunal may,
unless otherwise agreed by the parties, meet at any place it considers appropriate
for consultation among its members, for hearing witnesses, experts or the parties,
or for inspection of documents, goods or other property.

27. Lok Adalat.

Answer :- Lok Adalat is one of the significant components of the Alternative
Dispute Resolution system. Lok Adalat means People’s Court. It is a forum where
the disputes which are pending in a court or are at the pre-litigation stage are
settled cordially.
The system of Lok Adalat is based on Gandhian Principles. The Constitution of
India has defined a common goal for its citizens to secure all the citizens of India –
Justice (social, economic and political), Liberty, Equality and Fraternity.
Lok Adalats are organised regularly to help the parties to come to a settlement. In
general, motor accident claims, labour disputes, land acquisition cases, house
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finance cases, house tax cases, cases related to the dishonour of
cheques, matrimonial disputes are addressed at Lok Adalats.

28. Finality.
Answer :- Section 35 Finality of arbitral awards :- Subject to this Part an arbitral
award shall be final and binding on the parties and persons claiming under them
respectively.

29. Model Arbitration Law.

Answer :- The UNCITRAL is the essential legal body of the United Nations in the
area of international trade law. It was established by the United Nations General
Assembly after the realization that differences in national laws governing
international trade are creating hurdles to the free flow of trade. Hence, this
commission was established with the view to play an active role in reducing or
removing these hurdles. The UNCITRAL Model law has been designated to assist
the states to establish their domestic law and modernize their laws on arbitral
procedure with due consideration of the specific features and the needs of
international commercial arbitration. It highlights worldwide consensus on the
key aspects of international arbitration practices adopted by states, of different
parts of the states and different legal or economic systems of the world. The
Model Law comprises 8 chapters, 36 Articles and is to be adopted by different
nations into their national laws or to adapt their national laws of arbitration based
on the principles of this model law.