more than two The parties to the arbitration agreement nust be capa1 contract canno

sentences : contracts. Aperson who does not possess the capacity to

enter into an arbitration agreement.
Can a minor be a
party to proceed Arbitration agreement on behalf of minor
Dnumods3
Ce the decision of privy council in Mohori Bibi v/s
ings in arbitra -
tion?
Ghosh[1930 IA 144]it is well settledthat a minor s agreement is vod. Arnino
M.U. Oct. 2008 submt
is not competent to enter
into contract. Therefore. he cannot agreeto
to arbitration. However, an arbitration agreement may be made on behalf cf Gf
Which provision of arbitration agreement
minor by their natural guardian if it is made
CPC are appli in good faith and for ui
cable to arbitra - e mnor or tor the protection of his property and the guardian does not averse
tion?
M.U. Oct. 2008
Interest against the minor. If the minor is not oroperly represented and nis
guardianfails in his duty to protect his interest the award is not binding on tne
minor.

Where aminor is aparty to asuit his guardian ad litem can make reTerence
to arbitration, but in sucha case if the dispute which is subject matter of the
suit is to be referred to arbitration, leave of the court must be
obtained by the
guardian ad litem under order XXXII Rule 7 of the Code of Civil Procedure.
1908.A next friend or guardian ad litemcannot refer any matter in
in asuit to arbitration without leave of controversy
the court expressly recorded in the
proceedings [Atmaram v/s Bhila (1913) 15 Bo
by the cOurt can make reference to
arbitratio
31Ardian appointec
benefit of the minor. ith and for the
 CONCILIATION ACT, 1996
98 THEARBITRATION AND

Answer in one or Adecision-maker (esp. in international law) who is authorized to

two sentences: legal rules and may
What is the decide ex aequo et bono is not bound by
equitable principles. An ex aequo eet bono arbitrator is empowered, by instead follow ha
meaning of
ex aequo et bono? of the parties. to settle adispute on the basis of what is
equitable and o agreernent 28

M.U. Nov. 2014

(ex aequo et
arbitration bono), subject
agreement
to procedural fairness and the terms of
as opposed to the settled substantive rules of a given and

bono (Latin for

legal system.In other words, the phrase Ex aequo et
to the right and good' or from eguity and conscience') is
used as a legal term'according usa

28(
dispense
power of arbitrators to was
of art. In the context of arbitration, it refers to the
what they consider to be fair the
with consideration of the law but consider solely ofth
and equitable in the case at hand. usag
who has great
comnositeur is a French phrase for an arbitrator
 Decision making by panel of arbitrators. [Section 291
ianteuremperounde This section provides that:
(1) Unless otherwise agreed by the parties, in arbitral
Compos ito
al law. Thg
eh law. An made byy a majority of all its members.
proceedings with
more than one arbitrator, any decision of the arbitral tribunal shall be
Answer in one o
two sentences :
How the award can
be passed if the
(2) Notwithstandingsub-section (1), if authorised by the parties or all the
aaker ina
9s of civ members of the arbitral tribunal, questions of procedure may be
arbitrators differ in
opinion?
orized to decided by the presiding arbitrator. M.U. Nov. 2011
Apr. 2013
In simpler words, if the parties have not agreed otherwise, in arbitral
 preciSe derInition OT the term Answer in one or
Dublic policy, the term had a wide meaning thereby giving the courts the
to interpret it according to their understanding. The liberty two sentences
expression is taken to imply When can the
larger public interest or public good. However this gives an abstract
of the term without giving a precise meaning to it. Hence the
explanation award be stated to
be in conflict with
provided by sub- clause (üi), by means of the amendment Act ofexplanation
2015, has
the public policy of
India?
defined the scope and meaning of the expression where the arbitration award
M.U. Nov. 2012
shallbe contemplated to be against public policy only if
()the making of the award was induced or affected by fraud or corruption Explain the term
or was in violation of section 75 or section 81; or "Award in Conflict
with Public
(i) it is in contravention with the fundamental policy of Indian law; or Policy".
(i) it is in conflict with the most basic notions of morality or justice. M.U. Apr. 2014
The
 been biased. Mere suspicion is not enough.
Though it is difficult to lay down any precise test to decide whether there
slan e likelihood of bias- real or imputed, one test which has been often applied is
whether or not a reasonable man would think that the relationship is close
ywith of enough to justify a conclusion that there is a risk of bias. It will be enouah if the
proved facts can lead areasonable person, not knowing the arbitrators state
of mind, to think it is likely that there was bias.
 Place of Arbitration (Section 20)
Write short note This section provides that the parties are free to
on : Place
Arbitration.
of
arbitration. [20 (1)] In case of failure to decide. the placeagree on the p209
of arbitration St2 ta
M.U. Apr. 2003 determined the arbitral tribunal having regard to the circumstances oi ire
by
case, including the convenience of the parties. [20 (2)]
Answer in one or
two sentences :
Notwithstanding that the place of arbitration has been determinec as
What should be
above, the arbitral tribunal may, unless otherwise agreed by the partes, mse
the place of at any place it considers appropriate for consultation among its memo
arbitration? heaing withesses, experts or the parties,or for inspectionof documents, goocs
M.U. Nov. 2011 or other property. [20 (3)]
 Commencement of Arbitral Proceedings [Section 211 When arbitration
proceedings are
This section states that : "Unless otherwise agreed by the parties, the deemed to have
arbitral proceedings in respect of aparticular dispute commence on the date been commenced?
on which a request for that dispute to be referred to arbitration is received by (2 marks)
the respondent". M.U. Nov. 2011
Inother words, the parties have the discretion to determine the date of Apr. 2012
erts:
commencement of artbitral proceedings. If any mode has been laid down by Write short note
nIn the parties in the arbitration agreement for commencement of arbitral on : Commence
ment of arbitra
sot proceedings, the arbitral proceedings will commence in accordance with such tion.
Jcat
agreement. However, in absence of any agreement between the parties M.U. Oct. 2008
providing otherwise, the arbitral proceedings in respect of a particular dispute Apr. 2009
commence on a date of which the respondent receives a request of reference State the provi
urpo: of that dispute to arbitration. sions regardin
tha the Commenc
Aplain reading of the above provision indicates that except where the m e n t