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112 VIJAY LAW SERIES
LL.B DEGREE EXAMINATION 2008

ALTERNATE DISPUTE RESOLUTION
Time: 1 ½ Hours Max. Marks: 50
Answer any FOUR. (4 Questions x 12 ½ Marks = 50 Marks)
1. Define the term 'arbitration' and explain the significance ofarbitration

agreement in the arbitral process. State the implied conditions in an
arbitration agreement. Refer Unit no: 4.2.1, 4.2.2 and4.7.3 ofVLS
2. The Courts ofthe country in which recognition or enforcement ofa foreign

award is sought have no jurisdiction to go into the merits ofthe awards
or set aside. Discuss Answer: Refer Unit no: 4.11 ofVijay Law Series
3. Discuss the law relating to duty ofthe parties to cooperate and suggestions
by parties for settlement ofdispute. Unit no: 5.1 ofVijay Law Series
4. The thread of natural justice should run through the entire arbitral
proceedings. Comment. Unit no: 6.3 ofVijay Law Series
5. Write short notes on any TWO

a. Disclose ofinformation by conciliator
Answer: Refer Unit no: 5.4.4 ofVijay Law Series
b. When foreign awards are binding under Geneva Convention Award
c. Role ofNGOs in dispute resolutions
d. Lokpal
Answer: Refer Unit no: 3.6.1 and 3.6.2 ofVijay Law Series
LL.B QUESTION BANK 6 113

Answer any FOUR. (4 Questions x 12 ½Marks= 50 Marks)
1. An arbitration Clause has a life ofits own and may survive even where
the main contract comes to an end-Discuss the status ofan arbitration
Clause in the light ofthe provisions ofArbitration and Conciliation Act,
1996. Answer: Refer Unit no: 4.6 ofVijay Law Series
2. Emphasize the need for alternative dispute resolution mechanism for
according speedyjustice. Answer: Refer Unit no: 2.3 ofVijay Law Series
3. Explain the powers and functions ofLokAdalat under Legal Services
Authority Act. Answer: Refer Unit no: 3.8 ofVijay Law Series
4. Discuss in briefthe jurisdiction ofArbitral Tribunals. What provisions
have been laid down in the Act for correction and interpretation ofan
award? Answer: Refer Unit no: 4.6 ofVijay Law Series
a. Adjournments
Answer: Refer Page no: 129
b. Arbitration clause
Answer: Refer Unit no: 4.6. l ofVijay Law Series
c. Alternative to formal adjudication
d. Techniques ofsuccessful conciliation proceedings.
Answer: Refer Unit no: 5 .5 ofVijay Law Series
114 VtJAY LAW'SERIES

1. Discuss the distinction betweenjudicial settlement and altemativedispute

resolution. Answer: Refer Unit no: 2.9 ofVijay Law Series
2. Discuss the role ofFamily Courts established under the Family Counts
Act, 1994 in promoting conciliation and securing the settlement of
disputes. Answer: Refer Unit no: 7.1 family Law I ofVijay law Series
3. Who is a conciliator? How is the conciliation proceeding conducted?
State the powers ofthe conciliator.
Answer: Refer Unit no: 5.3 and 5.4 ofVijayLawSer.ies
4. Discuss the constitution and functions ofAdministrative Tribunal,
Answer: Refer Unit no: 6.1 ofAdministrative Law Book by Vijay Law
Series
a. Termination ofan arbitrator
Unit No: 4.3.2 ofVijay Law Series
b. Negotiation
Unit No: 2.8 ofVijay Law Series
c. Enforcement offoreign award
Unit No: 4.11 ofVijayLaw Series
d. Lokayukta

1. Analyze and enumerate the advantages and limitations in the process of

arbitration and conciliation in India.
Answer: Refer Unit no: 4.2.1, 4.2.2 and 4.7.3 ofVijayLaw Series
2. What are the conditions for setting aside of arbitral award? When and
Arbitral Tribunal's proceeding does terminate?
Answer: Refer Unit no: -4.:8 ofVijay Law Series
3. Explain the objectives, constitution and functions of Legal Services
Authorities.
Answer: Refer Unit no: 3.8 ofVijayl.aw Series
4. Write a note on Administrative Tribunal
Answer: Refer Unit no: 6.1 ofAdministrative Law Book by Vijay Law
Series
a. Enforcement offoreign award
b. FamilyCourts Act, 1984
Page No: 136
c. Grounds forchallenging arbitrator
Unit No: 4.4.1 ofVijay Law Series
d. Appointment ofconciliator
Unit No: 5.3.5 ofVijayLaw Series

1. What is an arbitration agreement? Explain the circumstances under which

a sole arbitrator can be appointed by Court and by a party.
Answer: Refer Unit no: 4.2.2, 4.2.3 and 4.3.1 ofVijay Law Series
2. In the light ofNew York and Geneva Convention, explain as how the
foreign awards are implemented.
3. Explain the procedure for settlement of dispute by the Motor Vehicle
Tnbunal.
Answer: Refer Unit no: 6.5 ofVijay Law Series
4. What is a Consumer Forum? Write a note on the procedure ofconsumer
proceeding before the Consumer Forum.
a. Adversarial system and inquisitorial system ofdispute resolution.
b. Mediation
c. Termination ofan arbitrator
d. Legal Services Authorities
LL.B QuFSTION BANK 6 117

1. Examine the nature and scope ofjudicial dispute resolutions.

2. Explain Law Commission recommendations in establishing gram
nyayalaya.
3. What is the role ofFamily Courts in alternative dispute resolution?
4. Examine how in-camera proceedings and exclusion oflawyers or amicus
curiae in Family Courts?
a. Arbitral award
b. Hierarchy ofcivil courts
c. Jurisdiction ofLokAdalats
d. SC Legal Services Committee
ll8 VuAY LAW SERIES

1. What are the salient features ofthe Consumer Protection Aot, i 9,8'6?
Answer: ReferUoitno: 6.8 ofVijayLaw Series
2. Examine theADR and its interrelationship in the Code ofCivil Procedure.
Answer: Refer Unit no: 5.2 ofVijayLaw Series
3. What are the salient features ofthe Family Courts Act, 1984?
4. Write an essay on organisation ofLok Adalats.
Answer: Refer Unit no: 1.l8 ,ofVijay Law Series
5. Write short .notes on any TWO
a. Arbitral award Unit
No: 9.'i/ ofVijayLaw Series
b. Jurisdiction ofLokAdalats
c. Malimath Committee
Unit No: 9. 74 ofVijay Law Series
d. Remission ofaward
78 VIJAY LAW SERIES
15. A client handed over two promissory notes to an advocate to

file suits. He pays the fees to advocate as demanded. The
advocate filed suit only on one promissory note and in that suit
also he doesn't appear in the Court resulting the dismissal of
the suit. He keeps telling lies to the client. Later the client
complains to the Bar Council. Discuss referring to case law.
Issue Whether advocate owes duty to appear in two suits? Yes
Whether nonappearance amounts to breach oftrust? Yes
Rule Section 3 5(3 ), 3 8 ofthe Advocates Act, 1961
Professional ethics ofa member oflegal fraternity
Relations between a lawyer and a client
Application This problem is related to the 'duty towards client'. The facts
ofthe instant problem are similar to the following case.
V. C. Rangadurai v. D. Gopalan and Others, AIR 1979 SC 281,
ifthere was any conflict ofinterest and duty the Appellant should
have declined to accept the brief What is reprehensible is that
he not only accepted the brief, pocketed the money meant for
Court fees, and never filed the suits but in a frantic effort to save
himself he threw the entire blame on his junior. Nothing should
be done by any member ofthe legal fraternity which might tend
to lessen in any degree the confidence ofthe public in the fidelity,
honesty and integrity ofthe profession. A lawyer when entrusted
with a brief is expected to follow the norms of professional
ethics and try to protect the interests ofhis clients, in relation to
whom he occupies a position oftrust. The Appellant completely
betrayed the trust reposed in him by the complainants. It has
been further held that a middle aged man, advocate by
profession, has grossly misconducted himself and deceived a
common client. Going by precedent, the suspension from practice
for one year was none too harsh. Sharp practice by members
ofnoble professions deserves even disbarment.
Conclusion In the instant problem, the advocate owes duty to appear in
two money suits. The nonappearance in one ofthe money suits
amounts to breach oftrust. Hence, he is liable.
14. X, the Law Minister of a State while speaking in an election

rally attacks judiciary as anti people in all respects. He speaks
that the judiciary works against peasants, workers and other
poorer sections and asserts further that the rich can manage
judiciary and get out ofall crimes that they commit. Discuss
whether this amounts to contempt of court?
Issue Whether minister's speech amounts to contempt ofcourt? Yes
Whether the Minister is liable for the contempt ofcourt? Yes
Rule Article 19(1) and (2) Scope ofin relation to contempt ofcourt.
Application The facts of the instant problems are based on the following
case. E.M. Sankaran Namboodiripad v. T. Narayanan Nambiar,
AIR 1970 SC 2015, the Appellant, who was the ChiefMinister
ofKerala at the time at a press conference held by him on 09/
09/1967, made various critical remarks relating to the judiciary
referring to it inter alia as 'an instrument ofoppression' and the
Judges as 'dominated by class hatred, class prejudices',
'instinctively' favoring the rich against the poor. He also stated
that as part ofthe ruling classes the, judiciary 'works 'against
workers, peasants and other sections ofthe working classes'
and 'the law and the system ofjudiciary essentially served the
exploiting classes'. These remarks were reported in the
newspapers and thereafter in proceedings commenced' in the
High Court the Appellant was called upon to show cause why
he should not be committed for contempt. It has been held that
the Appellant had misguided himselfabout the true teachings of
Marx, Engels and Lenin. To charge the judiciary as an instrument
.of-eppressiofi; the Judges as guided and dominated by class
hatred, class interests and class prejudices, instinctively favoring
the rich against the poor is to draw a very distorted and poor
picture ofthe judiciary. It was clear that the Appellant bore an
attack upon Judges which was calculated to raise in the minds
ofthe people a general dissatisfaction with, and distrust of all
judicial decisions. It weakened the authority oflaw .
Conclusion In the instant problem, the Law Minister's speech amounts to
contempt of court. Hence, the Law Minister is liable for the
contempt ofcourt.
LL.'B QUESTION iBANK 6 11'9
LL.B DEGREE EXAMINATION 201.5

Answer any FOUR. {4 Questions x i 2 ½ Marks = 50 Marks)
1. What are the salient features ofthe Gram NyayalayaAct?

2. Examine the salient features ofArbitration and Conciliation Act, 1·996
3. What are the provisions relating to the prohibition ofstrike or lockout,
death ofpanies?
Answer: Reefer Unit no: 6.6 ofVijay Law Series
4. What are the :saJliemt features ofNatiomalLegal'Services AuthorityAd?
Answer: Refer Unit no: 7 .1 of'Vijay Law Series
a. Award of'Lok Adalat
b. National LegalAidFund
·C. Remission ofaward
Unit No: 9.lO0ofVijayLaw Series
d. 129th Law Commission's Report

1. What are the advantages and disadvantages of alternative dispute

resolution?
Answer: Refer Unit no: 2. 7 ofVijay Law Series
2. Discuss the concept of mobile courts in India and how conduct of
proceedings takes place in mobile courts?
3. What is the role ofFamily Courts in alternative dispute resolution?
4. What are the provisions relating to the prohibition of strike or lockout,
death ofparties?
5. Write short notes on ai..yTWO
a. Domestic award
b. FamilyCourt'sAct, 1984
c. Mobile courts
d. State Legal Services Authority
LL.B QuE.S noN BANK 6 121

1. What are the various techniques or procedures ofADR?

2. Explain the procedure relating to the complaints to Lokayukta and
examine the jurisdiction ofLokayukta.
3. Explain the rules relating to the enforcement offoreign awards.
4. What are the provisions relating to the prohibition of strike or lockout,
death ofparties?
a. Malimath Committee
b. District LegalAid Fund
c. Jurisdiction ofLokayukta
Unit No: 9 .69 ofVijay Law Series
d. Award ofLokAdalat
122

1. Discuss the advantages and limitations ofaltemate dispute resolution.

2. Discuss the grounds for setting aside an arbitral award.
3. Discuss the powers, duties and obligations ofArbitral Tnbunal.
4. Define the term 'public policy' and State when can an arbitral award be
said to be in conflict with public policy.
5. Write Short Notes on any TWO
a. Costs ofarbitration
Answer: Refer Unit no: 4.7.6 ofVijayLaw Series
b. Definition ofconciliation
c. Adversary process
d. Interim measures

1. Emphasize the need for alternative dispute resolution mechanism for

according speedy justice.
2. Define the term 'arbitration' and explain the significance ofarbitration
agreement' in the arbitral process. State the implied conditions in an
arbitration agreement.
Answer: Refer Unit no: 4.2.1, 4.2.2 and4.7.3 ofVijayLaw Series
3. Define the term 'conciliation' and explain conciliation as a mode of
settlement ofindustrial disputes.
4. Explain the distinction between conciliation and arbitration and state
procedure and legal effect ofconciliation.
a. LokAdalat
Answer: Refer Unit no: 7 .8.1 ofVijay Law Series
b. Mediation
c. Lokpal
d. Principles ofnatural justice

1. Describe briefly the powers and duties ofa conciliator?

2. Explain the different approaches to negotiation and narrate the qualities
and skills ofa negotiator?
3. Explain the extent ofCourt's intervention in the arbitral processes?
Answer: Refer Avtar Singh, Law ofArbitration & Conciliation and
Alternative Dispute Resolutions Systems
4. Discuss the role ofLokpal and LokAdalats inADR system?
a. Adversarial system ofjustice
b. JDR andADR
Answer: Refer Page no: 13 8
c. Negotiation
Answer Refer Page no: 142
d. FamilyCourt
Answer Refer Page no: 136

1. Discuss the distinction betweenjudicial settlement and alternate dispute

resolution.
2. What are the conditions for setting aside of arbitral award? When an
Arbitral Tribunal's proceeding does terminate?
3. What is an arbitration agreement? Explain the circumstances as under;
which a sole arbitrator can be appointed by Court and by a party.
Answer: Refer Unit no: 4.2.2, 4.2.3 and 4.3.1 ofVijay Law Series
4. What is the role played byNGO's in resolving disputes throughADR?
5. AnsweranyTWO
a. Reasoned decision
b. Selfhelp and avoidance
c. Malirnath Committee
d. New York and Geneva Convention Awards

1. What do you understand by 'party participation'? Explain briefly its

control by thejudicial dispute resolution system
Answer: Refer Unit no: 1. 1 and 1.1.4d ofVijay Law Series
2. What do you understand by unilateral, bilateral and triadic (third Party)
intervention? Briefly explain the procedure/techniques adopted inADR.
Answer: Refer Unit no: 2.5 and 2.6 ofVijay Law Series
3. Who is a conciliator? How is the conciliation proceeding conducted?
State the powers ofconciliator.
Answer: Refer Unit no: 5.3 and 5.4 ofVijay Law Series
4. Discuss the role ofFamily Courts established under the Family Courts
Act, 1994 inpromoting conciliation and securing the settlement ofdisputes
in India.
Answer: Refer Family Law -I ofVijay Law Series
5. Answer any TWO
a. Difference between negotiation and arbitration
b. Appointment and termination ofarbitrator
c. Enforcement offoreign award
d. Powers and functions ofMernber-Secretary ofNational Legal Service
Authority. Answer: Refer Unit no: 7.2.3 ofVijay Law Series
Short Notes Index
1. Adjournments 24. - ofthe Family Courts

2. Administrative Tribunals Act 25. - oftribunal and procedure
3. ADRandCPC 26. Exclusion oflawyers/amicus curiae
4. Advantages ofADR 27. Facilitative conciliation
5. Advantages ofjudicial DR 28. FamilyCourtsAct, 1984
6. Adversary process 29. Family courts and their role
7. Alternative modes ofdispute 30. Fast-track arbitration by
resolutions ICADR
8. Amicus curiae/exclusionoflawyers 31. Finality ofdecision
9. Arbitral award 32. Foreign awards
10. Arbitration 3 3. Foreign awards when binding
11. Award ofLok Adalat 34. Indian Council ofArbitration
12. Bilateral intervention 35. International Centre for ADR
13. Central Administrative Tribunal 36. Chamber ofCommerce (ICC)
14. Composition ofICCA 37. commercial arbitration
15. Composition ofLokayukta 38. -Council Commerc Arbitration
16. Composition ofSupreme 39. JDRandADR
Court Legal Services Committee
40. Jurisdictionofarbitral tribunals
1 7. Conciliation
41. Jurisdiction ofFamily Court
18. Demerits ofadmini.tribunals
42. Jurisdiction ofLokAdalats
19. District LegalAid Fund 43. Jurisdiction of'Lokayukta
20. Enforcement ofarbitral awards
44. Jurisdiction ofLokpal
21. Enforcement offoreign awards
45. JurisdictionoftheFamilyCourt
22. Establishment ofLokayukta 46. Lokpal and Lokayukta
23. _ofpermanent LokAdalats (Amendment)Act, 2016
4 7. Lumping it and avoidance 65. Roleofconciliator

48. Malimath Committee 66. Section 89 of the CPC
49. Mediation 67. Self-help
50. Mini-trial by ICADR 68. Settlement agreement
51. Mobile courts and proceedings 69. State Legal Aid Fund
52. NationalLegalAidFund 70. TheArbitrationAct, 1940
53. Nature ofADR 71. The Arbitration and Conciliation
54. Negotiation (Amendment)Act, 2015
55. Paucityofjudges 72. The Arbitration and Conciliation
Act, 1996
56. Place ofarbitration
73. Triadic or third party intervention
57. Principles ofnaturaljustice
74. Unilateral intervention
58. Prohibition ofstrike or lockout
7 5. Who is a consumer?
59. Reasoned decision
60. Reference for mediation 76. Who is not a consumer?
61. Reference to Lok Adalat 77. 129th Law Commission's report

62. Reports ofLokpal 78. 222nd Law Commission report
63. Resolution ofcivil disputes 79. 76thReportofLawCommission
on law ofarbitration
64. Resolution ofcriminal cases
Short Notes
Adjournments covered by the administrative

Frequent and unnecessary tnbunals a speedy and relatively cheap
adjournments prolong the life of and effective remedy. In addition to
litigation. Adjournments on the silly central government employees, the
grounds cause the delay in disposing Government ofIndia has notified 45
the litigation. In order to overcome, other organizations to bring them
such problems, the Law Commission within the jurisdiction ofthe Central
oflndia in its 221 st report on 'need Administrative Tribunal. The
for speedyjustice' remarked that there provisions of the Administrative
was Mounting ofarrears of cases in TnbunalsAct, 1985 do not, however,
courts, particularly in High Courts and apply to members of paramilitary
District Courts, has been a cause of forces, armed forces of the Union,
great concern for litigants as well as officers or employees ofthe Supreme
for the state. It is a fundamental right Court, or to persons appointed to the
ofevery citizen to get speedy justice Secretariat Staff of either House of
and speedy trial, which also is the Parliament or the Secretariat staff of
fundamental requirement of good state /union territory legislatures.
judicial administration. ADRandCPC
Administrative Tribunals Act, Alternative dispute resolution (ADR)
1985 is an alternative method of finding
The statement ofobjects and reasons solution to the litigations. ADRrelates
on the introduction of the to the disputes resolved with the
Administrative Tribunals Act, 1985, consent ofthe parties to the litigation
it was mentioned that the setting up outside the court and traditional
of such administrative tribunals judicial methods. It was suggested by
exclusively would go a long way in Law Commission of India that the
reducing the burden on the various court may require attendance ofany
courts and reduce pendency and party to the suit or proceedings to
would also provide to the persons appear in person with a view to
arriving at an amicable settlement of matter; 1) It maintains confidentiality

dispute between the parties and make and privacy of the parties; m) It
an attempt to settle the dispute permits to arrive at settlement with or
between the parties amicably. without a lawyer etc.
Malimath Committee recommended
Advantages of judicial dispute
to make it obligatory for the court to resolution
refer the dispute, after issues are
a) JDR offers formal legal
framed, for settlement either by way
proceedings; b) JDR is dealt by
ofarbitration, conciliation, mediation,
qualified lawyers and professionals; c)
judicial settlement or through Lok
JDR is pronounced by qualified and
Adalat. It is only when the parties fail
experienced judicial officers; d) JDR
to get their disputes settled through
adopts established rules and strict
any of the alternative dispute
procedure prescribed by law; e) JDR
resolution methods that the suit could
proceed further. is based on the reasonable and
recognized principles oflaw; f) JDR
Advantages of alternative dispute is backed by the statutory authority;
resolution g) JDR gains public confidence; and
a) It provides mutual and amicable h) JDR is less expensive.
solution to resolve disputes; b) It
Adversary process
provides maximum advantages to the
parties to the disputes; c) It reduces Appeal is thejudicial examination by
the number of contentious issues a higher court of the decision of an
inferior court. It is rehearing of a
between the parties; d) It is faster,
grievance on merits. The Code of
expeditious and less expensive; e) It
is provides creative, realistic and
Civil Procedure does not lay down
flexible solution; f) It helps to keep who can file an appeal. Generally, the
the dispute as a private matter;;g) It defeated party approaches a higher
allows the parties to choose their own authority or court to have the decision
rules or procedure; h) It avoids or ofa lower authority or court reviewed.
reduces complexity of legal Appeal is a valuable right and it is to
procedures; i) It reduces the be heard both on questions oflaw and
workload ofthe courts;j) It facilitates on facts and the judgment in appeal
the parties to choose the place of must address itselfto all the issues of
hearing; k) It facilitates the parties to law and fact and decide it by giving
choose the specialists in subject reasons in support offindings.
Alternative modes of dispute entitled, as ofright, to be represented

resolutions by a legal practitioner. However, the
Dispute resolution is a process of Farnily Court may seek the assistance
bringing in a third party to help sort of a legal expert as 'amicus curiae'
out the situation through which means 'a friend ofthe court'.
communication and negotiation. Arbitral award
Alternative dispute resolution (ADR), Section 2(c) of the Arbitration and
generally classified into negotiation, Conciliation Act, 1996 defines
mediation, conciliation and arbitration. 'arbitral award' that includes an
These alternate models of dispute interim award and Section 2( d)
resolutions are the binding and provides that 'arbitral tribunal' refers
nonbinding forms of ADR. to a sole arbitrator or a panel of
Negotiation, mediation, and arbitrators. Section 2(e) provides that
conciliation methods are nonbinding, 'court' means the principal civil court
and depend on the willingness ofthe oforiginaljurisdiction in a district, and
parties to reach a voluntary includes the High Court in exercise of
agreement. Arbitration programs may its ordinary original civiljurisdiction,
be either binding or nonbinding. having jurisdiction to decide the
Binding arbitration, concluded by a questions forming the subject matter
third party decision and the disputants ofthe arbitration ifthe same had been
must follow even ifthey disagree with the subject matter ofa suit, but does
the result, like a judicial decision. not include any civil court ofa grade
Nonbinding arbitration produces a inferior to such principal civil court,
third party decision that the parties or any court of small causes;
may reject. It is also important to
Arbitration
distinguish between mandatory
processes and voluntary processes. Arbitration is one ofthe types ofADR.
It resolves the dispute with the
Amicus curiae or exclusion of
intervention of a third party called
lawyers
'arbitrator'. He acts independently
The Family Courts Act tried to avoid and neutrally. The parties have to
the interference ofadvocates with the submit the written statements and
finer sentiments and secrets of the supporting evidences. Arbitrator
family affairs. Section 13 provides that assists, arbitrates and resolves the
notwithstanding anything contained in dispute by passing a decision called
any law, no party to suit or proceeding 'award'. The arbitrator foHows the
before a Family Court shall be
principles ofnaturaljustice. Arbitration involvement to settle the disputes

award is binding on the parties. The between the parties. Parties in this
arbitrator signs the award and it is a type of intervention are equal in
proofofauthenticated settlement. The position and strength. Both parties
implementation of the award of settle their disputes by mutual
arbitrator is same as the understanding. It is one of the best
implementation ofthejudgment. Thus, methods of intervention where the
arbitration is a proceeding in which both parties to the dispute have
dispute is resolved by an impartial choice to propose the terms of
adjudicator whose decision the settlement. Thus, when both parties
parties to the dispute have agreed or to the dispute make mutual decision,
legislation has decreed will be final . they act mutually, taking into the
Award of LokAdalat feelings, opposing opinions or
concerns ofothers into consideration.
The Lok Adalat shall proceed and
This type of settlement in ADR is
dispose the cases and arrive at a
called 'bilateral intervention'. There is
compromise or settlement by
no scope for the involvement ofthird
following the legal principles, equity
party in the bilateral settlement.
and naturaljustice. Award or decision
made by the LokAdalats is deemed CentralAdministrative Tribunal
to be a decree of a civil court and is The CentralAdministrative Tribunal
final and binding on all parties and no has been established for adjudication
appeal against such an award lies ofdisputes with respect to recruitment
before any court oflaw. Ifthe parties and conditions ofservice ofpersons
are not satisfied with the award ofthe appointed to public services and posts
Lok Adalat though there is no in connection with the affairs ofthe
provision for an appeal against such Union or other local authorities within
an award, but they are free to initiate the territory of India or under the
litigation by approaching the court of control of Government ofIndia and
appropriate jurisdiction by filing a for matters connected therewith or
case. Thus, even as under Section incidental thereto.
96(3) ofCPC that no appeal shall lie Composition oflCCA
from a decree passed by the court with
the consent ofthe parties. The ICCA NGO consists of
Governing Board Members and
Bilateral intervention Members. Governing Board
Bilateral intervention is two-sided Members are recognized specialists
in the field of dispute resolution. At manner on mutually agreed terms.

present, there are 40 Governing Both parties must submit claim
Board Members and 25 Advisory position in writing and must make brief
Members coming from 3 7 different oral presentation to the conciliator.
countries. The conciliator assists the parties to
Composition of Lokayukta the dispute in reaching a mutually
satisfied settlement. He may hold
The Lokayukta consists of one
interviews with the parties either
Chairman and two Members who
jointly or separately, but any
maybe either sitting or retired Judges
information or allegations made by a
ofthe High Court. They work under
party in such interviews should be
the administrative control ofLokpal.
disclosed to the other party for
Upa Lokayukta work under the
comments. Thus, conciliation is a non
administrative control ofLokayuk:ta.
binding process involving an impartial
Composition of the Supreme conciliator to settle the issues between
Court Legal Services Committee the disputing parties.
Section 3(A)(2) Legal Services Demerits of administrative
AuthorityAct, 1987 provides that the tribunals
Committee shall consist of; a) A sitting
There is no general law governing the
judge ofthe Supreme Court who shall
proceedings of the tribunals; b)
be the Chairman; and b)
System ofappeal against the decisions
Such number of other Members
of tribunals are not uniform; c)
possessing such experience and
Decisions oftribunals are sometimes
qualifications as may be prescribed by
made final without appeal; d)
the central government, to be
Administrative authorities are not legal
nominated by the Chief Justice of
experts; e) Rules of CPC and
India.
evidence do not apply to
Conciliation administrative tribunals; f) Tribunals
Conciliation is one of the types of need not give reasons for their
ADR. It resolves the dispute with the decisions i.e. ratio; g) Tribunals need
intervention ofa neutral person called not follow the precedents; h) Tnbunals
'conciliator'. The parties to the dispute settles the disputes on the basis of
choose the conciliator by an expediency; i) Tribunals settles the
agreement. The conciliator, instead of issues on the basis of extra-legal
helping the parties, solves the dispute considerations; and j) Tribunals may
by himself in an informal and friendly have departmental bias.
District Legal Aid Fund necessary to make the award a rule

Section 17(1) ofthe Legal Services of the court and to pass a decree in
Authority Act, 1987 provides that terms of the award, as is mandatory
every District Authority shall establish under the repealed law.
a fund to be called the 'District Legal Enforcement of foreign awards
Aid Fund' and there shall be credited Section 49 of the Arbitration and
thereto; a. All sums ofmoney paid or ConciliationAct, 1996 provides that
any grants made by the State Authority where the court is satisfied that the
to the District Authority for the foreign award is enforceable under this
purposes ofthis Act; b. Any grants or Chapter, the award shall be deemed
donations that may be made to the to be a decree of that court.
District Authority by any person, with Renusagar Power Co. Ltd. v. General
the prior approval of the State Electric Co., AIR 1994 SC 860, it
Authority, for the purposes ofthis Act; has been held that it is only when the
c. Any other amount received by the court decides and records its
District Authority under the orders of satisfaction that the award is
any court or from any other source enforceable, and then only the award
Enforcement of arbitral awards could be enforced as a decree ofthe
Section 35 of the Arbitration and court.
Conciliation Act, 1996 provides that Establishment ofLokayukta
where the time for making an Section 63 of the Lokpal and
application to set aside the arbitral LokayuktaAct, 2013 provides that
award has expired, or such application every state shall establish a body to
having been made, it has been be known as the 'Lokayukta for the
refused, the award shall be enforced state', if not so established,
under the Code of Civil Procedure, constituted or appointed, by a law
1908 in the same manner as if it were made by the state legislature, to deal
a decree of the court. Section 36 with complaints relating to corruption
provides that where the time for against certain public functionaries.
making the application to set aside an
arbitral award has expired, or where Establishment of permanent Lok
such application has been refused by Adalats
the court, the award shall be enforced Section 22(8)(1) of the Legal
as if it were the decree of the court. Services Authority Act, 1987 provides
Under the new Act, it will not be that notwithstanding anything
contained in Section 19, the Central
Authority or, as the case may be, every Court under Article 136, with respect
State Authority shall, by notification, to the disputes or complaints. These
establish permanent LokAdalats at tribunals exclude thejurisdiction ofall
such places and for exercising such courts except the specialjurisdiction
jurisdiction in respect ofone or more ofthe Supreme Court in Article 136.
public utility services and for such Exclusion of lawyers or amicus
areas as may be specified in the curiae
notification.
The Family Courts Act tried to avoid
Establishment of the Family theinterferenceofadvocateswiththe
Courts finer sentiments and secrets of the
Section 3 ofthe Family Courts Act, family affairs. Section 13 provides that
1984 provides that the government notwithstanding anything contained in
shall establish the Family Courts for any law, no party to suit or proceeding
those towns and cities whose before a Family Court shall be
population exceeds one million. It lays entitled, as ofright, to be represented
down that the state governments may by a legal practitioner. However, the
also set up Family Courts for other Family Court may seek the assistance
areas too. of a legal expert as 'amicus curiae'
Establishment of tribunal and which means 'a friend ofthe court'.
procedure Facilitative conciliation
A law may provide for the In facilitative conciliation, the
establishment of an administrative conciliator avoids opinion and
tribunal for the Union and a separate judgments and he merely assists the
administrative tribunal for each state parties to clarify their communications,
or for two or more states. It may interest and priorities. Section 67 of
specify the jurisdiction, powers the Arbitration and Conciliation Act,
including the power to punish for 1996 provides that the conciliator shall
contempt and authority which may be assist the parties in an independent and
exercised by each of the said impartial manner in their attempt to
tribunals. Law may provide for the reach an amicable settlement oftheir
procedure including provisions as to dispute. The conciliator shall be
limitation and rules ofevidence to be guided by principles of objectivity,
followed by the said tribunals. It may fairness and justice, giving
exclude the jurisdiction ofall courts, consideration to, among other things,
except the jurisdiction ofthe Supreme the rights and obligations ofthe parties,
136 V!JAY LAW SERIES
the usages ofthe trade concerned and and the property ofspouses. They are
the circumstances surrounding the established under the Family Courts
dispute, including any previous Act, 1984. The object of Family
business practices between the Courts is to promote conciliation and
parties. Section 68 ofthe Arbitration secure speedy settlement ofdisputes
and Conciliation Act, 1996 provides relating to marriage and family affairs.
that in order to facilitate the conduct Besides this, the idea underlying the
ofthe conciliation proceedings, the movement for Family Courts is that
parties, or the conciliator with the ordinary courts with their conservative
consent of the parties, may arrange atmosphere, setting and procedure,
for administrative assistance by a cannot appropriately deal with family
suitable institution or person. disputes in the proper spirit. There is
Family Courts Act, 1984 also the feeling that all matters
concerning a family should be settled
The Family Courts Act, 1984 was
speedily in one court.
enacted to provide for the
establishment ofFamily Courts with Fast-track arbitration by ICADR
a view to promote conciliation in, and A form of arbitration in which the
secure speedy settlement of: disputes arbitration award is rendered in a
relating to marriage and family affairs. particularly short time and at reduced
Section 5 of the Family Courts Act cost. To facilitate the resolution of
provides enabling provision for the Arbitration and Fast-Track
government to require the association Arbitration disputes, ICADR has
of Social Welfare Organisations to framed the ICADRArbitration Rules,
help a Family Court to arrive at a 1996 (including provisions for Fast
settlement. Section 6 of the Act Track Arbitration).
provides for appointment of Finality of decision
permanent counselors to effect
Finality refers to the final resolution
settlement in family matters.
or settlement. The aggrieved party
Family courts and their role may not prefer appeal to the higher
Family courts are a specialized type court against such resolution or
ofcourts entrusted with the disposal sometimes no parallel proceedings are
ofcases concerning disputes relating permitted to disturb that resolution.
to the family. Family courts deal with Finality is a formal expression of
litigation concerning marriage and opinion in a judgment. It is an
divorce, maintenance, guardianship authoritative statement, pronounced in
an open court. Section 33 of the Indian Council of Arbitration

Code ofCivil Procedure provides that (ICA)
the court, after the case has been Indian Council ofArbitration (ICA)
heard, shall pronounce judgment, and is a registered society under the
on such judgment a decree shall Societies Registration Act, 1861
follow. operating on a not for profit basis. It
Foreign awards when binding has its head office in New Delhi and
Section 55 of the Arbitration and eight branches in India. The
ConciliationAct, 1996 provides that organization, originally established in
any foreign award which would be 1965, promotes and administers the
enforceable shall be treated as binding use ofAlternative Dispute Resolution
for all purposes on the persons as (ADR) mechanisms in commercial
between whom it was made, and may disputes, thereby expediting dispute
accordingly be relied on by any of resolution and encouraging greater
those persons byway ofdefence, set domestic and international commerce.
off or otherwise in any legal International Centre for
proceedings in India and any Alternative Dispute Resolution
references in this Chapter to enforcing International Centre for Alternative
a foreign award shall be construed as Dispute Resolution (ICADR) was
including references to relying on an established and registered as a society
award. under the Societies Registration Act,
Foreign awards 1860 for the promotion and
The Arbitration and ConciliationAct, development of ADR facilities and
1996 has been the main statute in India techniques to facilitate early resolution
dealing with alternate forms ofdispute ofdisputes and to lessening the burden
resolution. The preamble ofthe Act, of arrears in courts. It is an
1996 states that it is an Act to autonomous organisation with its
consolidate and amend the law headquarters at New Delhi and
relating to domestic arbitration, Regional Centres at Hyderabad and
international commercial arbitration Bengaluru.
and enforcement of foreign arbitral International Chamber of
awards as also to define the law Commerce (ICC)
relating to conciliation and for matters International Chamber ofCommerce
connected therewith or incidental (ICC) has a French origin. It is one
thereto. of the largest, most representative
business organizations in the world. other than India; or iv) the government
Its hundreds ofthousands ofmember ofa foreign country.
companies in over 130 countries have International Council for
interests spanning every sector of Commercial Arbitration (ICCA)
private enterprise. ICC has three main
The International Council for
activities such as rule setting, dispute
Commercial Arbitration (ICCA) is a
resolution, and policy advocacy. The
worldwide nongovernmental
member companies and associations
organization (NGO) devoted for
are themselves engaged in
promoting the use and improving the
international business, ICC has
processes ofarbitration, conciliation
unrivalled authority inmaking rules that
and other forms of resolving
govern the conduct ofbusiness across
international commercial disputes. Its
borders. Although these rules are
activities include convening
voluntary, they are observed in
international arbitration congresses
countless thousands of transactions
and conferences, sponsoring
every day and have become part of
authoritative dispute resolution
international trade.
publications, and promoting the
International commercial harmonization of arbitration and
arbitration conciliation rules, laws, procedures
Section 2(f) of the Arbitration and and standards.
Conciliation Act, 1996 defines JDRandADR
'international commercial arbitration'
Disputes are resolved or settled either
as an arbitration relating to disputes
in the court or outside the court.
arising out of legal relationships,
Judicial dispute resolution (JDR)
whether contractual or not,
relates to the disputes resolved before
considered as commercial under the
the court. Alternative dispute
law in force in India and where at least
resolution (ADR) is an alternative
one of the parties is i) an individual
method of finding solution to the
who is a national of, or habitually
litigations. ADRrelates to the disputes
resident in, any country other than
resolved with the consent of the
India; or ii) a body corporate which
parties to the litigation outside the
is incorporated in any country other
court and traditionaljudicial methods.
than India; or iii) a company or an
It was suggested by Law Commission
association or a body of individuals
oflndia that the court may require
whose central management and
attendance ofany party to the suit or
control is exercised in any country
proceedings to appear in person with any subordinate civil court. It deals

a view to arrive at an amicable with suit or proceeding between the
settlement of dispute between the parties to a marriage for a decree of
parties. Malimath Committee nullity of marriage or restitution of
recommended to make it obligatory conjugal rights or judicial separation
for the court to refer the dispute, after or dissolution ofmarriage, declaration
issues are framed, for settlement either as to the validity of a marriage or as
by way of arbitration, conciliation, to the matrimonial status ofany person
mediation, judicial settlement or or legitimacy of any person,
through Lok Adalat. It is only when maintenance, guardianship of the
the parties fail to get their disputes person or the custody ofor access to
settled through any ofthe alternative any minor etc.
dispute resolution methods that the Jurisdiction ofLokAdalats
suit could proceed further.
Section 9 ofthe Act provides that Lok
Jurisdiction of arbitral tribunals Adalats shall have the power only to
Section 16( 1) ofthe Arbitration and help the parties to arrive at a
ConciliationAct, 1996 provides that compromise or settlement between
the arbitral tnbunal may rule on its own the parties to a dispute and, while so
jurisdiction, including ruling on any doing, it shallnot issue any direction
objections with respect to the of order in respect of such dispute
existence or validity ofthe arbitration between the parties.
agreement, and for that purpose, a) Jurisdiction ofLokayukta
an arbitration clause which forms part
Lokayukta has been givenjurisdiction
of a contract shall be treated as an
over the Ministers, public servants and
agreement independent ofthe other
officers in the state. In Karnataka, HP
terms of the contract; and b) a
and Orissa Lokayukta has been given
decision by the arbitral tribunal that
jurisdiction over the ChiefMinister
the contract is null and void shall not also. In Maharastra, Bihar, UP and
entail ipso jure the invalidity of the
Rajasthan, Lokayukta has not been
arbitration clause.
givenjurisdiction over ex-ministers
Jurisdiction ofFamily Court and ex-secretaries.
Section 7 ofthe Family Courts Act, Jurisdiction ofLokpal
1984 provides that a Family Court
Section 14 of the Act provides that
shall have and exercise thejurisdiction
the following persons come under the
exercisable by any District Court or
jurisdiction of Lokpal. a) Prime
Minister oflndia; b) All ministers of 2016. The Bill amends the Lokpal
the Union Members ofParliament; c) and Lokayuktas Act, 2013 in relation
Group A,B, C and D officers; and d) to declaration ofassets and liabilities
Any person who is or has been in by public servants. Lokpal and
charge (Director/Manager/Secretary) Lokayukta (Amendment)Act, 2016
ofanybody/society set up by central provides that the every public servant
act or any other body financed/ shall make declaration oftheir assets
controlled bycentralgovernment and and liabilities in the form and manner
any other person involved in act of as prescribed by government. It has
abetting, bribe giving or bribe taking abolished the previous 30 days
Jurisdiction of the Family Courts timeline.
Family Court is higher than a District Lumping it and avoidance
Court and lower than a High Court. Lumping it is one ofthe types ofADR.
The Family Courts can deal all the Lumping refers to dropping ofclaim.
matters directly relating to the family One ofthe parties to the dispute may
such as matrimonial causes, ignore the issue in dispute keeping in
maintenance and alimony ofspouses, view the relative powerlessness and
custody, education and financial other socio-economic factors
support to children, settlement of involved in the dispute resolution. The
spousal property, and guardianship person who ignores the issue
and custody ofchildren etc. Section continues the relationship with the
7( 1) provides that the Family Courts opposite party with a hope of
can handle the following suits. a) A improvement in the situation. Similarly,
suit or proceeding for a decree of avoidance is another type ofADR that
nullity; b) A suit or proceeding for a relates to the behavior of the
dissolution of marriage; c) A suit or disputants. It refers to limiting the
proceeding for a decree ofrestitution relationship with the disputant. It is a
of conjugal rights; d) A suit or type of exit or withdrawal from a
proceeding for a decree ofjudicial situation or terminating the relationship
separation and divorce etc. with the other party in the dispute. It
Lokpal and Lokayukta breaks the relationship between the
(Amendment) Act, 2016 disputants. The person who avoids or
withdraws reduces interaction or
Lokpal and Lokayuktas
terminates the relationship with the
(Amendment) Bill, 2016 was
opposite party.
introduced in Lok Sabha on July 27,
Malimath Committee emphasizing that it is the parties' own

recommendations responsibility for making decisions
Malimath Committee called for a legal which affect them. Thus, mediation is
sanction to a machinery for resolution a non-binding process involving a
of disputes and resort thereto is neutral mediator to settle the issues
compulsory which the sole objective between the disputing parties.
of reducing the large influx of Mini-trial by ICADR
commercial litigation in courts ofcivil
A non-binding procedure in which the
nature, number ofappeals to higher
disputant parties are presented with
courts lessened and the efficiency of summaries of their cases to enable
courts revitalized by such
them to assess the strength,
implementation. Malimath Committee
weaknesses and prospects of the
recommended to make it mandatory case and then an opportunity to
for courts to refer disputes, after their
negotiate a settlement with the
issues having been framed by courts,
assistance ofa neutral adviser. For this
for resolution through alternate means purpose ICADR has framed the
rather than litigation/trials. ICADRMini-trialRules, 1996.
Mediation
Mobile courts and conduct of
Mediation is one ofthe types ofADR. proceedings
It resolves the dispute with the Section 9 of the Act provides that
intervention of a third party called nyayadhikari shall hold mobile courts
'mediator'. Mediator helps the parties and conduct proceedings in villages
to the dispute to arrive at a peaceful periodically with wide publicity as to
settlement on mutually agreed terms. the date and place where it proposes
Both parties must submit claim to hold mobile court. The state
position in writing and must make brief
government shall extend all facilities
oral presentation to the mediator. The
to the gram nyayalaya including the
mediator may hold private sessions provision of vehicles for holding
with the parties either jointly or mobile court by the nyayadhikari
separately until the dispute is settled. while conducting trial or proceedings
Mediation allows the parties in outside its headquarters.
identifying the issues, reducing
misunderstandings, clarifying National Legal Aid Fund
priorities, exploring areas of Section 15(1) ofthe Legal Services
compromise, generating options in an AuthorityAct, 1987 provides that the
attempt to solve the dispute and CentralAuthority shall establish a fund
142 VtJAY LAW SERIES
to be called the 'National Legal Aid interactive processes and adjustment.

Fund' and there shall be credited The parties to the dispute share the
thereto; a. All sums ofmoney given ideas and information to settle the
as grants by the central government dispute on mutually agreed terms.
under Section 14; b. Any grants or Both parties must be impartial and
donations that may be made to the willing to reach at and accept the
CentralAuthority by any other person terms ofsettlement. The parties have
for the purposes of this Act; c. Any choice either to accept or reject the
amount received by the Central outcome of negotiations and can
Authority under the orders of any withdraw at any time during the
court or from any other source process ofnegotiation. There are no
Nature of ADR prescribed rules and the parties are
free to adopt whatever rules they
ADR is a non-judicial or extra-judicial
choose. The parties have the option
mechanism for settling the disputes.
ofnegotiating publicly or privately.
It is an alternative method to the
Thus, negotiation is a non-binding
judicial dispute resolution. Arbitration,
process involving direct interaction of
mediation, negotiation and conciliation
the disputing parties.
are the various modes of alternative
dispute resolution. This non-judicial Paucity ofjudges
mechanism provides appointment of Thakur, Jin his emotional address to
a third party to preside over a hearing the public brought the paucity of
between the parties and help the judges into focus. There are about 13
parties to settle their disputes outside judges per one million people in our
the court, privately and without the country where the ideal requirement
interference ofthe court. Sometimes is 50 per million. In 1987, the Law
the parties can settle their disputes Commission had recommended
even without the help ofthird party. increasing the number ofjudges from
Thus, ADR is an attempt to provide 10 judges per one million people than
practical and reasonable alternative to to 50. Official figures show, the
the conventionaljudicial system. Supreme Court is short offivejudges,
Negotiation 24 High Courts have 464 vacant
judges post and 4, 166 at the
Negotiation is one of the types of
subordinate courts. The result ofnot
ADR. It resolves the dispute by
taking up the issue in due time has
cooperation ofthe parties without the
resulted in over three crore cases
intervention ofthird party. It involves
being pending in court.
Place of arbitration may be in existence on the date ofthe

Section 20 of the Arbitration and reference.
Conciliation Act, 1996 provides that Reasoned decision
the parties are free to agree on the Judgment is the statement given by the
place of arbitration. The place of judge on the grounds of decree or
arbitration shall be determined by the order. What is required is a reasoned
arbitral tribunal having regard to the judgment and not reasons for the
circumstances ofthe case, including judgment. Every party has a right to
the convenience of the parties. The receive ajudgment, which shows the
arbitral tnbunalmay, unless otherwise reasons. Ajudgment without a reason
agreed by the parties, meet at any would make it impossible to file a
place it considers appropriate for well-founded appeal against the
consultation among its Members, for judgment. Therefore, the right to
hearing witnesses, experts or the appeal includes the right to know the
parties, or for inspection of reasons of a judgment. A judge
documents, goods or other property. cannot merely say 'suit dismissed' or
Principles of natural justice 'suit decreed'. The whole process of
The tribunal follows the principles of reasoning has to be set out for
natural justice in deciding cases and deciding the case one way or the
the procedure, prescribed by other. Reasons must be given in a
· Evidence Act or CPC does not apply. coherent sequence. This is known as
The tribunal is also a specialized 'ratio decidendi'.
organization, which deals with only Reference for mediation
service matters in respect of the Section 89(2)(d) ofthe Code ofCivil
central government employees and Procedure, 1908 provides that where
other employees who have been a dispute had been referred for
notified. mediation, the court shall effect a
Prohibition of strike or lockout compromise between the parties and
Where an industrial dispute has been shall follow such procedure as may
referred to a Board, Labour Court, be prescribed.
Tribunal or National Tribunal under Reference to Lok Adalat
this section, the appropriate Section 89(2)(b) ofthe Code ofCivi
government may by order prolnbit the Procedure, 1908 provides that where
continuance ofany strike or lock out a dispute had been referred to Lok
in connection with such dispute, which Adalat, the court shall refer the same
to the LokAdalat in accordance with suits ofcivil nature excepting suits of

the provisions of Section 20 of the which their cognizance is either
Legal Services Authority Act, 1987 expressly or impliedly barred.
and all other provisions of that Act Resolution of criminal cases
shall apply in respect ofthe dispute
Criminal cases are resolved by the
so referred to the Lok Adalat.
application of the provisions of the
Reports of Lokpal Criminal Procedure Code, 1973.
Section 48 ofthe Act provides that it Criminal law IS a branch of public
shall be the duty of the Lokpal to law. Criminal law is related to the
present annually to the President a public concern because crimes are
report on the work done by the treated as offences against society.
Lokpal and on receipt of such report The Code provides the machinery for
the President shall cause a copy the investigation of crime,
together with a memorandum apprehension ofsuspected criminals,
explaining, in respect ofthe cases, if collection ofevidence, determination
any, where the advice ofthe Lokpal of guilt or innocence ofthe accused
was not accepted, the reason for such person and the determination of
non-acceptance to be laid before punishment ofthe guilty. Additionally,
each House ofParliament. it also deals with public nuisance,
Resolution of civil disputes prevention of offenses and
maintenance of wife, child and.
Civil disputes are resolved by the
parents. All offences under any other
application of the provisions of the
law shall be investigated, inquired into,
Code ofCivil Procedure, 1908. Law
tried and shall be decided.
ofprocedure is the body oflaw that
sets out the rules and standards that Role of conciliator
courts follow when adjudicating civil Conciliation agreement refers to
lawsuits. The civil procedure is not peaceful settlement. Conciliator is
applicable to criminal law matters. The different from that of a judge or an
civil procedure prescribes the arbitrator. The role ofthe Conciliator
procedure for the enforcement of is to assist the parties to reach their
rights, liabilities. It makes the own negotiated settlement and he may
procedure simple, expeditious and make suggestions as appropriate.
inexpensive. Section 9 of the Code Conciliator does not impose a
ofCivil Procedure, 1908 provides that decision on the parties but, on the
the courts have jurisdiction to try all contrary, his role is to assist the parties
to resolve the dispute themselves. He including settlement through Lok

may give opinion on issues in dispute Adalat, or d) mediation. However, in
but his primary function is to assist in voluntary processes, submission ofa
achieving a negotiated solution. His dispute to anADR process depends
role is merely advisory and not entirely on the will ofthe parties.
creative or decisive, like the role of Self-help
an arbitrator or an adjudicator. The
Self-help is one ofthe types ofADR.
skill and technique adopted by the
Self-help resolves the disputes without
conciliator in enabling the parties to
resorting to delayed legal cases or
come to a voluntary settlement of
consultation ofhigher authorities. The
dispute between them and thereby
• disputants use own efforts and
avoiding adjudication. A conciliator is
resources to achieve things without
as an independent and impartial
relying on others. Self-help designed
person and he must gain the
to assist people in achieving things for
confidence of both the parties.
themselves. The disputants or litigants
Therefore, a conciliator is bound by
can resort to self-help when they
rules ofconfidentiality and not by the
retrieve property or found their
strict rules of the Code of Civil
interest under the unauthorized control
Procedure, 1908 and the Indian
ofanother person. Self-help has to be
EvidenceAct, 1872.
used properly without exceeding the
Section 89 of the CPC limits. Thus, on one hand self-help is
Section 89 of the Code of Civil very useful, on the other hand, it
Procedure, 1908 provides an option permits the litigants to take the law
for the settlement ofdisputes outside into their own hands, usually through
the court. Section 89 of the Code violence or other illegal methods.
provides the provision for the Settlement agreement
settlement of disputes outside the
court. This section provides that the
Section 73 of the Arbitration and
ConciliationAct, 1996 provides that
court shall formulate the terms of
when it appears to the conciliator that
settlement and give them to the parties
there exist elements of a settlement,
for their observations and after
which may be acceptable to the
receiving the observations of the
parties, he shall formulate the terms
parties, the court may reformulate the
of a possible settlement and submit
terms of a possible settlement and
them to the parties for their
refer the same for a) arbitration, b)
observations. After receiving the
conciliation, c) judicial settlement
observations of the parties, the 1940 was an exhaustive law relating

conciliator may reformulate the terms to the domestic arbitration. The Act
ofa possible settlement in the light of empowered the Indian courts to
such observations. Ifthe parties reach modify the award, remit the award to
agreement on a settlement of the the arbitrators for reconsideration and
dispute, they may draw up and sign a to set aside the award on specific
written settlement agreement. The grounds. Thus, the Act of 1940 was
conciliator shall authenticate the not able to attain effective results and
settlement agreement and furnish a thinkers in the field ofarbitration felt
copy thereofto each ofthe parties. that the 1940 Act suffered from
State LegalAid Fund number ofinadequacies in law as well
as in practice.
Section 16 of the Legal Services
Authority Act, 1987 provides that a The Arbitration and Conciliation
State Authority shall establish a fund (Amendment) Act, 2015
to be called the 'StateLegalAidFund' Arbitration and Conciliation
and there shall be credited thereto; a. (Amendment)Act, 2015 received the
All sums of money paid to it or any assent of the President of India on
grants made by the Central Authority December 31, 2015. The Act, 2015
for the purposes of this Act; b. Any came into force on October 23, 2015.
grants or donations that may be made The Act brought sweeping changes to
to the State Authority by the state theArbitrationAct, 1996. The present
government or by any person for the Amending Act is enacted to amend
purposes of this Act; c. Any other the provisions ofthe PrincipalAct, viz.
amount received by the State the Arbitration and Conciliation Act
Authority under the orders of any of 1996. The Act, 2015 was enacted
court or from any other source. for the purpose ofconsolidating and
TheArbitrationAct, 1940 amending the law relating to the
domestic arbitration, international
Interminable, time consuming,
commercial arbitration and
complex and expensive court
enforcement of foreign arbitral
procedures impelledjurists to search
awards. Moreover, in its purpose it is
for an alternative forum, less formal,
also seeking to define the law relation,
more effective and speedy for
to the conciliation. Thus, the Principal
resolution of disputes avoiding
enactment is a full-fledge law on the
procedural claptrap and this led them
Arbitration and Conciliation in India.
to Arbitration Act, 1940. The Act,
The Arbitration and Conciliation effectively. Third party acts as

Act, 1996 facilitator, arbitrator, or mediator who
The Arbitration Act, 1996 provides arranges meetings with disputing
not only for domestic arbitration but parties. Third party is generally
also to international commercial possesses experience and maintains
arbitration. The Indian law relating to neutrality. It is one ofthe best methods
the enforcement offoreign arbitration ofintervention where the both parties
awards provides for greater discuss in the presence ofthird party.
autonomy in the arbitral process and This type of settlement in ADR is
limits judicial intervention to a called 'triadic or third party
narrower circumference than under intervention'. Involvement of third
the previous law. The General party is the chiefelement. It is one of
Assembly ofthe United Nations has the practical methods of alternative
recommended that all countries dispute resolution. Both parties
consider the said UNCITRAL submit their written statements and
(United Nations Commission on produces evidence.
International Trade Law), in view of Unilateral intervention
the desirability ofuniformity ofthe law Unilateral intervention is one-sided
ofarbitral procedures and the specific invo lvernent to settle the disputes
needs of international commercial between the parties. In a dispute, if
arbitration practice. The Act contains one of the parties is dominant and
86 Sections divided into four parts other party is in the dependent
namely; a) Arbitration; b) position, the dominating party dictates
Enforcement of certain foreign the terms ofsettlement and makes the
awards; c) Conciliation; and d) dependent party to accept it. It is one
Supplementary provisions. ofthe crude methods of intervention
Triadic or third party intervention where the dominating party gives no
Triadic or third party intervention is choice to propose the terms of
third party involvement to settle the settlement. Thus, when someone
disputes between the parties. Parties makes a unilateral decision, he or she
in this type of intervention refer their acts alone, without considering the
. dispute to the third party who helps feelings, opposing opinions or
or mediates the disputing parties to concerns of others. This type of
settle the dispute. Third party acts as settlement inADRis called 'unilateral
consultant to resolve the dispute intervention'.
Who is a consumer? Thus, filing suits before the judicial

Section 2( d)/2( 1 )( d) defines courts must be the last resort of
consumer. Any person who buys any parties.
goods or receives any services for 222nd Law Commission report
consideration is called a 'consumer'. The Law Commission in its 222nd
It also includes a person used or using report on 'the need for justice
such goods or services with the dispensation throughADR', stated
permission of such buyer. that man is not made for law, but the
Consideration may be money or law is for man. Law is a regulator of
barter or exchange or service etc, but human conduct. No law works
the Sale of Good Act, 1930 insists smoothly unless the interaction
money only. Further, consumer is a between the two is voluntary. The
person who uses the goods. e.g. user Constitution of India guarantees
oftooth paste. justice to all. All Indian citizens are
Who is not a consumer? guaranteed equal rights of life and
A person who gets goods or receives personal liberty, besides many other
any service which were offered free fundamental rights and legal rights.
of charge is not a consumer. The These rights are of no avail if an
complaint can be filed within two years individual has no means to get them
from the date which the cause ofaction enforced. Enforcement ofthe rights
has arisen. has to be through courts, but the
judicial procedure is very complex,
129th Law Commission's report
costly and dilatory putting the poor
The Law Commission in its 129th persons at a distance.
report advocated the need for
th
amicable settlement of disputes 76 Report of Law Commission
between parties and the Malimath on law of arbitration
Committee recommended to make it In the twenties ofthe present century,
mandatory for courts to refer disputes, the Civil Justice Committee Civil
after their issues having been framed Justice was appointed to report on the
by courts, for resolution through machinery of Civil Justice. The
alternate means rather than litigation Committee suggested certain
or trials. The parties must not prefer modifications for the law ofarbitration.
legal litigation before the conventional Some time passed before action could
courts. They have to file suits only be taken on the recommendations of
when all the doors ofADR are closed. the Civil Justice Committee.

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LL.B DEGREE EXAMINATION 2008

Time: 1 ½ Hours Max. Marks: 50

Answer any FOUR. (4 Questions x 12 ½ Marks = 50 Marks)

1. Define the term 'arbitration' and explain the significance ofarbitration

2. The Courts ofthe country in which recognition or enforcement ofa foreign

5. Write short notes on any TWO

LL.B DEGREE EXAMINATION 2009

Time: 1 ½ Hours Max. Marks: 50

Answer any FOUR. (4 Questions x 12 ½Marks= 50 Marks)

LL.B DEGREE EXAMINATION 2010

Time: 1 ½ Hours Max. Marks: 50

Answer any FOUR. (4 Questions x 12 ½Marks= 50 Marks)

1. Discuss the distinction betweenjudicial settlement and altemativedispute

LL.B DEGREE EXAMINATION 2011

Time: 1 ½ Hours Max. Marks: 50

Answer any FOUR. (4 Questions x 12 ½Marks= 50 Marks)

1. Analyze and enumerate the advantages and limitations in the process of

LL.B DEGREE EXAMINATION 2012

Time: 1 ½ Hours Max. Marks: 50

Answer any FOUR. (4 Questions x 12 ½Marks= 50 Marks)

1. What is an arbitration agreement? Explain the circumstances under which

LL.B DEGREE EXAMINATION 2013

Time: 1 ½ Hours Max. Marks: 50

Answer any FOUR. (4 Questions x 12 ½Marks= 50 Marks)

1. Examine the nature and scope ofjudicial dispute resolutions.

LL.B DEGREE EXAMINATION 2014

Time: 1 ½ Hours Max. Marks: 50

Answer any FOUR. (4 Questions x 12 ½Marks= 50 Marks)

15. A client handed over two promissory notes to an advocate to

14. X, the Law Minister of a State while speaking in an election

LL.B DEGREE EXAMINATION 201.5

Time: 1 ½ Hours Max. Marks: 50

Answer any FOUR. {4 Questions x i 2 ½ Marks = 50 Marks)

1. What are the salient features ofthe Gram NyayalayaAct?

LL.B DEGREE EXAMINATION 2016

Time: 1 ½ Hours Max. Marks: 50

Answer any FOUR. (4 Questions x 12 ½ Marks = 50 Marks)

1. What are the advantages and disadvantages of alternative dispute

LL.B DEGREE EXAMINATION 2017

Time: 1 ½ Hours Max. Marks: 50

Answer any FOUR. (4 Questions x 12 ½Marks= 50 Marks)

1. What are the various techniques or procedures ofADR?

LL.B DEGREE EXAMINATION 2018

Time: 1 ½ Hours Max. Marks: 50

Answer any FOUR. (4 Questions x 12 ½ Marks = 50 Marks)

1. Discuss the advantages and limitations ofaltemate dispute resolution.

LL.B DEGREE EXAMINATION 2019

Time: 1 ½ Hours Max. Marks: 50

Answer any FOUR. (4 Questions x 12 ½ Marks = 50 Marks)

1. Emphasize the need for alternative dispute resolution mechanism for

LL.B DEGREE EXAMINATION 2020

Time: 1 ½ Hours Max. Marks: 50

Answer any FOUR. (4 Questions x 12 ½Marks= 50 Marks)

1. Describe briefly the powers and duties ofa conciliator?

LL.B DEGREE EXAMINATION 2021

Time: 1 ½ Hours Max. Marks: 50

Answer any FOUR. (4 Questions x 12 ½ Marks = 50 Marks)

1. Discuss the distinction betweenjudicial settlement and alternate dispute

LL.B DEGREE EXAMINATION 2022

Time: 1 ½ Hours Max. Marks: 50

Answer any FOUR. (4 Questions x 12 ½ Marks = 50 Marks)

1. What do you understand by 'party participation'? Explain briefly its