Answer in One or two sentences:

Q1 What is full form of UNCITRAL? (17,12,09,08,05)

Ans. UNCITRAL full form means United Nation Commission on International Trade
Law. Its aim of promoting the harmonization and unification of international trade
law.

Q2 What is an institutional arbitration?

Ans. It is an arbitration, where the parties to a contract agree in advance that if any
dispute arises between them during their dealings in business or any commercial
transaction, then they shall refer the matter to arbitration for settlement of dispute.
Such institutions are known as arbitral institutions.

Q3 Is the validity of an arbitration agreement depend upon number of arbitrations?

Ans. No. Number of arbitrators are not necessary for the purpose of the validity of
arbitration agreement. The only requirement is that the number should not be even, it
has to be odd number. Even there can be a sole arbitrator if it is agreed between the
parties to the arbitration.

Q4 Who appoints a presiding arbitrator? (17,16,15,13)

Ans. Under S.11(3) of the Act, in an arbitration with three arbitrators, each party shall
appoint one arbitrator, and the two appointed arbitrators shall appoint the third
arbitrator, which acts s the Presiding arbitrator.

Q5 Whether the signatures of both parties are necessary for an arbitration

agreement? (17,16,15)
Ans. An arbitration agreement is in writing and signed by the parties to the
agreement. The signature of an arbitrator is not necessary to the arbitration agreement.

Q6 What is consent award? (15,17)

Ans. It is an award which is agreed by both of the parties to dispute.

Q7 When registration of an award is compulsory?

Ans. Generally speaking, registration of an award is not compulsory. The SC has
summarized the procedure to be adopted in this matter- If the document containing
the arbitration clause which is compulsory registrable, is found to be not duly
stamped, S.35 of the Stamp Act bars the said document being acted upon.
Consequently, even the arbitration clause therein cannot be acted upon. The court
should then proceed to impound the document under S.33 of the Stamp Act and
follow the procedure under S.35 and 38 of the Stamp Act.
Q8 What is lien of award? (17,16,13,11)
Ans. The Arbitral Tribunal has lien on the Arbitral Award for recovering any of the
unpaid cost of the Arbitration. It gives right to Arbitral Tribunal to retain the Arbitral
Award. (S.39 of the Act).

Q9 What is mediation? (14,15,17)

Ans. Mediation is a verbal communication with the client and the lawyer. It is a
process most commonly used by disputants to resolve a dispute.

Q10 Who is mediator?

Ans. Mediator is a neutral third party (usually a retired judge or an experienced
lawyer) who acts to facilitate the settlement of dispute between the two contending
parties.

Q11 Why Lok adalats are constituted or object of Lok Adalat? (14,17)
Ans. The object of Lok Adalat is to mobilize and involve the people in non-judicial
process at the grass-root level, and promote an atmosphere of mutual satisfaction and
goodwill. It is a voluntary and conciliatory agency which operates on the principle
that, a settlement or compromise is to be preferred between the parties.

Q12 How many Arbitrators can be appointed according to the Arbitration &
Conciliation Act, 1996? (05,09,11,15,18)
Ans. Only odd number of Arbitrators can be appointed under the Act. According to
S.10 of the Act, the Parties are free to determine the number of Arbitrators provided
that such number shall not be even number, failing which the Arbitral Tribunal shall
consists of sole Arbitrator.

Q13 Name the two statutes dealing with ADR.

Ans. The Legal Services Authorities Act, 1987 and The Arbitration and Conciliation
Act, 1996.

Q14 Which are the two international conventions dealt by A&C Act, 1996?
(05,10,16,18)
Ans. New York Convention and Geneva Convention.

Q15 Is the Arbitrator required to be an Indian under the A & C Act? (16,17,18)
Ans. Acc. to S.11(1), a person of any nationality can be appointed as an Arbitrator, if
the parties to agreement have not agreed upon the nationality of the Arbitrators.

Q16 What is the legal effect of an award made by a Lok Adalat? (07, 09,10,11,16,18)
Ans. S.21(2) of the Legal Services Authorities Act, 1987 lays down that- “Every
award of Lok Adalat shall be final and binding on all parties and no appeal shall lie to
any court against such award.
Q17 What is statement of claim and Defense in Arbitration?
Ans. Statement of claim of Plaintiff- Within the period of time agreed upon by the
parties or determined by the arbitral Tribunal, the claimant shall state the facts
supporting his claim, the points at issue and the relief or remedy sought.
Defense of Defendant- the respondent/defendant shall state his defence in respect of
these particulars stated by the plaintiff. [S.23(1)].

Q18 What is a Lien on Arbitral Award? (11,13,16,17,18)

Ans. Under S.39 of the Arbitration and Conciliation Act, 1996, the Arbitral Tribunal
has liean on the Arbitral Award for recovering any of the unpaid cost of the
Arbitration. It gives right to Arbitral Tribunal to retain the Arbitral Award.

Q19 What is Fast track procedure in Arbitration?

Ans. Under S.29B of the Arbitration and Conciliation (Amendment) Act, 2015, the
concept of Fast Track procedure was introduced in order to expedite the arbitration
proceeding. According to this Section, the Arbitration Tribunal shall have to make an
Award within 6 months from the date of reference of the dispute to the Arbitral
Tribunal.

Q20 Within how many days an Additional Award can be given by an Arbitrator.
Ans. A party with notice given to other party may make a request, within 30 days
from the receipt of the Arbitral Award, to the Arbitral Tribunal to make an Additional
Arbitral Award after correcting any error therein [S.33(4)]; and if the Arbitral
Tribunal considers the request made under Sub-Section (4) to be justified, it shall
make the Additional Arbitral Award within 60 days from the receipt of such request.
[S.33(5)].

Q21 Is the Limitation Act applicable to Arbitration Proceedings?

Ans. Yes, the Indian Limitation Act, 1963 is applicable to the Arbitration
proceedings.

Q22 Explain the term “Arbitration Agreement”. (05,14,15,17,19)

Ans. Acc. to S.7(1), an arbitration agreement means an agreement between the parties
to submit all or certain disputes which have arisen or which may arise (between them,
to arbitration, in respect of a defined legal relationship, whether contractual or not.

Q23 What is “Foreign Award”? (11,12,13,16,19)

Ans. It means a 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, made on or after the 11th Day of October, 1960 – S.44.

Q24 What is “Interim Award”? (15,19)

Ans. Acc. to S.2(1) (c), an arbitral award includes an interim award, it can be made at
various stages of the arbitral proceedings. An interim award is always made before a
final award.

Q25 Define Lien on award? (11,13,16,17,18,19)

Ans. Under S.39 of the Arbitration and Conciliation Act, 1996, the Arbitral Tribunal
has liean on the arbitral award for recovering any of the unpaid cost of the Arbitration.
It gives right to Arbitral Tribunal to retain the Arbitral Award.

Q26 What is non-speaking award? (13,16,19)

Ans. An arbitral award shall state reasons upon which it is based, unless the parties
have agreed that no reasons are to be given or the Award is on agreed terms. S.31(3)

Q27 Who is Presiding Arbitrator? (13,15,16,17)

Ans. Under S. 11(3) of the Act, in an arbitration with three arbitrators, each party
shall appoint one arbitrator, and the two appointed arbitrators shall appoint the third
arbitrator, he acts as the presiding arbitrator.

Q28 What should be the nationality of an Arbitrator? (16,17,19)

Ans. Acc. to S.11(1), a person of any nationality can be appointed as an Arbitrator, if
the parties to Arbitration Agreement have not agreed upon the nationality of the
Arbitrators.

Q29 How many number of conciliators can be appointed by the parties? (16,19)
Ans. There shall be one Conciliator unless the parties agree that there shall be two or
three conciliators. Where there is more than one conciliator, they ought, as a general
rule, to act jointly – S.63(1) & (2).

Q30 Whether Res-Judicata is applicable to award of Lok-Adalat?

Ans. Yes, the principle of Res Judicata is applicable to the award passed by the Lok
Adalat. S.21 of the Legal Services Authority, 1987 states that – (1) Every award of
Lok adalat shall be deemed to be te Decree of the Civil Court or Tribunal; (2) Every
award ,ade by a Lok Adalat shall be final and binding on all the parties to the dispute,
and no appeal shall lie to any court against the award .

Q31 What is status of Arbitration clauses in a void agreement? (05,06,10,11,12,19)

Ans. Arbitration agreement is an independent agreement, hence, even if agreement is
void, the arbitration clause cannot become void/invalid

Q32 Can a couple appoint Arbitrator on wife’s application for divorce?(11)

Ans. No. Family court where the divorce petition is filed has no jurisdiction to allow
the appointment of the arbitrator.

Q33 What should be the number of arbitrators In Tribunal? (05,09,11,12,15,18,19)

Ans. Only odd numbers of Arbitrators can be appointed under the Act. According to
S.10 of the Act, the parties are free to determine the number of arbitrators provided
that such number shall not be even number, failing which the Arbitral Tribunal shall
consist of sole Arbitrator.

Q34 Define Arbitration Award. (10,13,19)

Ans. The Arbitral Tribunal has lien on the Arbitral Award for recovering any of the
unpaid cost of the Arbitration. It gives right to Arbitral Tribunal to retain the Arbitral
Award.(S.39 of the Act). Arbitral award includes an interim award – [S.2(1)(c). An
award means a decision of the arbitrator or on the reference of a dispute made to it for
adjudication. [S.2(1)(b)]

Q35 Lok Adalat is also called as People’s Court.

Q36 What is settlement agreement? (13,15,16)

Ans. When it appears to the Conciliator that there exist elements of a settlement
which may be accepted by the parties, he shall formulate the terms of a possible
settlement and submit them to the parties for their observations. After receiving the
observations, the Conciliator may formulate the terms of settlement with the parties
and he may draw up and sign a written settlement agreement and authenticate it and
furnish copy to each of the parties.

Q37 What is mandate of an arbitrator? (05,18)

Ans. The term authority of the Arbitrator is also known as mandate of the Arbitrator.
Acc. to S.14 of the Act, the mandate or the authority of the arbitrator terminates if –
A) arbitrator withdraws or fails to perform his duties; B) parties to arbitration
agreement terminate the mandate of the Arbitrator.

Q38 What is meant by an arbitral tribunal?

Ans. S.2 (1)(d) defies the term ‘Arbitral Tribunal’ – “Arbitral Tribunal means a sole
Arbitrator or a panel of Aritrators”.

Q39 What is Contractual Arbitration?

Ans. In order to seek early settlement of disputes without approaching the court, the
parties usually insert an arbitration clause as a part of contract to refer their existing or
future disputes to a named arbitrator. This is called contractual inbuilt arbitration.

Q40 What do you mean by Foreign Arbitration?

Ans. Foreign Arbitration is an arbitration conducted in a place outside India where
resulting award is sought to be enforced as a foreign award.

Q41 What is ‘waiver’ caused by party? (07,10,15)

Ans. When there is a failure to make a timely objection by a party to the arbitration
agreement against the non-compliance of or non-fulfilment of requirement under the
arbitration agreement, a waiver is caused i.e., the party shall be deemed to have
waived his right to so object. (Sec.4)

Q42 What is the limitation to file an application to set aside an arbitration award?
(08,10,11,18)
Ans. The application for setting aside the Arbitral Award must be made within 3
months from the date on which the party has received arbitral award; if any request
under S.33 has been made by the party for correction, interpretation or making of an
Additional Award, then the application for setting aside the Arbitral Award can be
made within 3 months from the date on which the request under S. 33 is disposed by
the Arbitral Tribunal

Q43 What is Conciliation? (07,09,10,12,13,16,17)

Ans. It is a process in which two parties make discussion over a dispute between them
with the help of third neutral party called Conciliator, who helps the two parties to
arrive at a mutual acceptable agreement over a dispute between them.

Q44 Which is a place of an arbitration? (05, 12,13,17)

Ans. The parties are free to agree on the place of Arbitration including convenience of
the parties.

Q45 What is the nationality of an arbitrator? (16)

Ans.

Q46 What is arbitrable dispute? (16)

Ans.

Q47 What is a status of award of Lok Adalat? (16)

Ans. An award made by a Lok-Adalat is final and binding on all the parties to the
dispute. No appeal lies against any such award in any court.

Q48 When an arbitral award becomes final award? (16)

Ans. Under S.35 of the Act- Subject to the Part I provided, an arbitral award shall
become final and binding on the parties and persons claiming under them,
respectively.

Q49 What is the status of an oral arbitration agreement? (16)

Ans. One of the essentials of an arbitration agreement is that it must be in writing. If
valid aritral agreement is not there, arbitral proceedings cannot be conducted.

Q50 What is ad-voc arbitration? (16)

Ans. If a dispute arises between the Parties in relation to a business transaction, and
such a dispute is not settled by negotiations, then the parties may refer the dispute to
Arbitration, as and when it arises in their business transaction. Such an Arbitration is
Known as Ad-hoc Arbitration.

Q51 Which cases are submitted to Lok-Adalat? (16)

Ans. All cases – where the value of the property does not exceed 10 lakh rupees; and
the offences which are compoundable under any law, can be submitted to Lok.Adalat.

Q52 With What Section 23 deals under the Arbitration and Conciliation Act,1996?
Ans. It deals with the statement of Claim and Defence.

Q53 Explain the maxim “Nemo Judex Causa Sua”.

Ans. It means “no one can be a judge in his own cause”. Because, it is fundamental
rule of administration of justice that the person cannot be a judge in a cause wherein
he has an interest or wherein he is interested.

Q54 What is the meaning of the ‘Ex Aequo Et Bono Is’?

Ans. The legal meaning of this term is – “how to decide injustice and good faith” or
“according to what is just and good”.

Q55 Under which provision, it is now obligatory on Court to encourage settlement?

Ans. Under S.89(1)(a) of the Civil Procedure Code, it is obligatory for the courts to
encourage ‘Settlement’.

Q56 Explain the term “International Commercial Agreement”.

Ans. S.2(1)(f) defines it as an Arbitration relating to disputes arising out of legal
relationship, whether contractual or not and which are considered as Commercial
under the law in force in India. In such an Arbitration, at least one of the parties
should be corporate body, company or Association, Government are foreign country
and not national or habitual resident of India.

Q57 What is Permananet Lok Adalat?

Ans. Under the Legal Services Auhority Act, 1987, Permanent Lok Adalat means a
Permanent Lok Adalat established under Sub-Section(1) of Section 22B, which lays
down that- the central authority or, as the case may be, the state authority shall by
notification, establish Permanent Lok Adalat at such places and for exercising such
jurisdiction in respect of one or more public utility services and for such areas as may
be specified in the notification.

Q58 When an Arbitration proceeding gets terminated?

Ans. The arbitral proceedings shall be terminated by the Final Arbitral Award or by
an order of the Arbitral tribunal.
Q59 Define the term Court. (12,13)
Ans. Court means, the Principal Civil Court of Original Jurisdiction in a district, and
includes the High Court in exercise of its Ordinary Original Civil Jurisdiction
(OOCJ), having jurisdiction to decide the questions forming the subject matter of the
Arbitration if the same had been the subject matter of a suit, but does not include any
Civil court of a grade inferior to such Principal Civil Court, or any court of small
causes.

Q60 When did the A&C Act became Effective?

Ans. 25th January, 1996.

Q61 What is the role of Conciliator?

Ans. The role of conciliator is to assist the parties in an independent and impartial
manner with the principles of justice and fairness in their attempt to reach an amicable
settlement of their dispute.

Short Notes:

Q1 Foreign award
Ans. S.46 of Chapter-I of Part-II of the Arbitration and Conciliation Act, 1996,
deals with provisions relating to the Foreign Awards, when they are binding. Under
the New York Convention Award, as per S.46, the Foreign Awards are binding when
they have been made in a regular manner after complying with all the formalities that
are required to be fulfilled for making an Arbitral Award.
If the provisions of S.48, i.e., the conditions for Enforcement of Foreign
Awards are satisfied, then the Award becomes enforceable under S.58 of the Chapter-
I of Part-II of the Arbitration and Conciliation Act, 1996.
Such enforceable Foreign Awards are deemed to be the Decree of the Court.
All the foreign awards which are enforceable as per S.58 of the Arbitration and
Conciliation Act, 1996, are binding for all purposes on the persons, between whom
they were made.
It is not required to apply in writing to the competent court to make the
enforceable Foreign Awards binding or enforceable. All the enforceable Foreign
Awards can be used as a defence as a set off or in any legal proceeding in India, by all
those persons between whom such Foreign Awards was made. The term ‘Enforcing of
Foreign Award’ includes the term ‘Relying on a Foreign Award’, for the purpose of
Chapter-I of Part-II of the Arbitration and conciliation Act, 1996.
Under S.50 of the act, foreign awards are appealable before the court
authorized by law to hear the Appeals. Filing of Second Appeal is not allowed.
However, this does not affect the right to file the appeal before SC.
Q2 Appointment of arbitrator
Ans.

Q3 Appointment of an arbitrator by parties

Ans.

Q4 Appointment of an Arbitrator by the Chief Justice.

Ans. The aim of arbitration is to take dispute resolution outside the bureaucracy of
our courts with time and cost savings being added benefits. However, court
intervention cannot be fully done as at certain stages of arbitration the conflicting
parties may need the laws to help them out which poorly constructed arbitration
agreements cannot provide.
According to the arbitrator appointment provision of the agreement there shall
be only one arbitrator jointly appointed by both parties and multiple arbitrators. Most
commonly, two would be separately appointed by each party and the third would be
jointly appointed by the two arbitrators. As if often happens sometimes, arbitrators
may not get appointed within the timeframe of 30 days.
In this case, on receiving a formal request from any party, the chief justice can
himself preside or as is common, appoint another arbitrator who is usually a retired
judge. This is the administrative function of the chief justice.

Appointment of Arbitrator by CJ
- Along with the arbitration agreement, the names and addresses of the parties and
arbitrators, the qualification of arbitrators, a general note on the dispute and the
justice/reward expected, and other relevant document as requested by the CJ have
to be submitted.
- The CJ would decide to preside over the issue or designate it to someone else.
- If the decision is to designate someone, it is forwarded in writing to that person
who later may ask advice regarding the scheme. The interpretation of the CJ
would be final.
- The appointment made or advised by CJ would be forwarded in writing to all
parties involved.
- The CJ should decide whether the conflicting parties have approached the right
HC, whether arbitration agreement was even drafted and to confirm details
according to the agreement.

The Chief Justice, under section 9 of the Arbitration Act have been conferred with the power
to pass orders for interim relief while dealing with the above mentioned scheme of
appointment of arbitration.

Q5 Appointment of an arbitrator by court

Ans.

Q6 Difference between arbitration and conciliation

1. In case of conciliation, no prior arrangement is required to initiate the
conciliation proceedings as it is related to the existing dispute. But in case of
Arbitration a prior written Agreement is required to submit a dispute whether
existing or future to Arbitration.

2. To initiate conciliation proceedings, invitation may be sent from one party of

the dispute to the other party, which may either accept or reject it, since an
invitation does not have binding effect. But in case of Arbitration, the written
agreement of submission of dispute to Arbitration is binding upon the parties
of Arbitration.

3. During the pendency of the conciliation proceedings, the parties to the dispute
are prohibited to initiate an Arbitral or Judicial Proceedings; whereas, in case
of Arbitration, where the parties have agreed to submit the dispute to
Arbitration by a written agreement, they are prohibited to initiate any legal
proceedings for a dispute, which is the subject matter of the Arbitral
Agreement.

4. The conciliator helps the parties in an independent and impartial manner to

reach an amicable settlement of dispute. Whereas, the Arbitrator adjudicates
on the dispute and gives decision which is known as an Arbitral Award.

5. The conciliator is not bound to disclose the information received by him

from one party on the condition that it should be kept confidential. In case of
Arbitration, all the information received by Arbitrator from one party is
accessible to other Party to the dispute.

6. The conciliator in a conciliation proceedings acts as a facilitator, whereas the

arbitrator in an arbitral proceedings acts as an adjudicator.

Q7 Forms & Contents of arbitral award

Ans. Arbitral award includes an Interim Award [S.2(1)(c)]. An award means a
decision of the Arbitrator on the reference of a dispute made to it for adjudication.

Form and content of an Award

1. The Arbitral Award shall be made in writing and should be signed by the
members of the Arbitral Tribunal. [S.31(1)]
2. If the Arbitral proceeding is conducted by more than one Arbitrator, then
Arbitral Award must be signed by the majority of all the members of the
Arbitral Tribunal. The award signed by the majority of the Arbitrators, shall be
valid, if the reason for not signing the Award by the other Arbitrator is
mentioned in the Award. [S.31(2)]
3. The Award must state the reason upon which it is based i.e., the Arbitral
Award must be a reasoned award. [S.31(3)]
4. The Arbitral Award must state the date on which it is made and the place art
which the Award is made. When the place of Arbitration is fixed under S.20,
such place should also be stated in the Award. The Award is deemed to have
been at that place. [S.31(4)]
5. After the making of an Award, a signed copy of the Award must be delivered
to each party to Arbitral Proceedings. [S.31(5)]
6. During the Arbitral proceedings, the Arbitral Tribunal may at anytime, make
an Interim award. This Interim Award must be on any matter for which, the
Arbitral Tribunal may make a final award. The interim award on ly deals with
some of the matters in dispute. [S.31(6)]
7. In the absence of the contrary agreement between the parties, the cost of the
arbitration shall be fixed by the Arbitral Tribunal. Also specifying the
following that the party who is entitled to the cost, party who shall pay the
costs, the amount of costs or method of determining the amount and the
manner in which the cost shall be paid.

Circumstances reason not required for Award

1. If the parties have agreed that, no reasons are to be given for an award. [S.31(3)(a)].
2. The reason for an Award is also not required if the Award can be given without
assigning any reasons. A reasoned award is also known as speaking Award.

Q8 Termination of arbitral proceeding

Ans. The Arbitral proceedings commenced under the A&C Act, 1996, comes to an
end under various circumstances.

1. S.32 of the act provides for the termination of Arbitral Proceedings as under:-
- When the final award is made by Arbitral Tribunal.
- by the order of Arbitral tribunal, where no more proceedings are required to
be conducted, the arbitral tribunal makes an award which is final, and with
making of final award, the arbitral proceedings stand terminated.

2. If the parties agree to the termination of the Arbitral Proceedings, then the
Arbitral Tribunal can issue an order for termination of Arbitral Proceedings.

3. If the arbitral tribunal finds that the continuation of the proceedings is either
unnecessary or impossible for any other reason.

4. The plaintiff withdraws their claim. However it can also be terminated if the
respondent objects to the arbitral award. Looking at which the arbitral tribunal
come to a conclusion that it has a legitimate interest in obtaining a final
settlement.

Q9 Need of alternate dispute resolution

Ans. Arbitration is an alternative mode of dispute resolution i.e. resolving the dispute
between the two parties without taking recourse to the formal court of justice. Where
a dispute is submitted to Arbitral Tribunal and the tribunal shall adjudicate on the
dispute and give its decision in the form of an ‘Award’, which is binding upon the
parties to the Arbitration and can be enforced as a decree of the Court.

WHY NEEDED:
1. Amicable settlement of disputes: ADR provides for a friendly settlement of
disputes. In business it is a prudent approach to have a competitor not a rival.
It is clear that a healthy competition brings improvement and it’s also cost
effects cost of service or commodities in every sphere.

2. Speedy Disposal of Trial: ADR provides for speedy disposal of trials. Unlike
litigation process in ADR there is no scope of adjournment or stay order.
Courts are often overburdened with cases, leading to significant delays in
resolving disputes

3. Economical Settlement of disputes: Unlike litigation process where huge

expenses are incurred to pay the advocates and other people involved in the
trial, in ADR it is not the case and minimum amount of money is required.
ADR methods such as mediation or arbitration often prove more cost-
effective, as they are generally quicker and involve fewer procedural expenses.

4. Time Saving management: In ADR the dispute is resolved without following

the cumbersome procedure of ordinary litigation that’s why ADR is also
Known as dispute management.

5. Expertise and Specialization: In arbitration, parties have the opportunity to

select arbitrators with expertise in the subject matter of their dispute. This
allows for more informed decision-making and can lead to more satisfactory
outcomes.

6. Advent of multinational corporations: A number of multinational

corporations are coming to invest and establish their business. These business
have dynamic approach in their business activities. Therefore, in case of
disputes they should be provided with such a mechanism which can resolve
their dispute immediately and without delays.

7. Encouraging compliance: ADR processes often result in mutually agreed-

upon solutions, which parties are more likely to comply with compared to
court-imposed judgments. This can reduce the likelihood of ongoing conflicts
or appeals.

Q10 Arbitral tribunal

Ans.
 An Arbitral Tribunal is a panel of unbiased adjudicators which is arranged and
sits to resolve a dispute by way of arbitration. An arbitral tribunal can be a sole
arbitrator or a panel of arbitrators.
 The task of an arbitral tribunal is to adjudicate and resolve the dispute and to
provide an arbitral award. Arbitral Tribunal consists of sole arbitrator or an
odd number of arbitrators appointed in accordance with Section
 The parties to agree on arbitration are usually free to determine the number
and composition of the arbitral tribunal. The powers of an arbitrator in India
include the power to administer an oath to the parties and witnesses, take
interim measures, proceed ex-parte, appoint expert, and make awards.
 Arbitral tribunal consists of a chairperson who is either: A judge of the
Supreme Court, a judge of a High Court, Chief Justice of a High Court, an
eminent person with expert knowledge in the conduct of arbitration.
 A person of any nationality can be an arbitrator in a case unless specifically
provided in the agreement. In case of parties unable to appoint the arbitrator,
the SC and HC have responsibility to designate arbitral institutions as per
respective jurisdictions. However for appointment of arbitrators to decide
upon the dispute at hand.

Q11 Importance of Lok Adalat

Ans. The term Lok Adalat means, people’s Court”. But, Lok Adalat is not the court of
law. lok adalats are an alternate disputes resolution mechanism for the amiable
settlement of the disputes. Members of the Lok Adalats are known as Conciliators and
are generally from Judicial Officers, Social Workers and Advocates.

Importance
With the judiciary being overburdened with the pending cases, especially, subordinate
courts. The status of judicial process in India certifies the phrase of, “Justice delayed
is Justice denied”. With the increasing number of pending cases, there is a need to
speed up the judicial process. The ordinary courts are not able to dispose off the cases
speedily as they have to follow strict rules of procedure and evidenes. To reduce the
burden on the ordinary courts and provide the faster remedy, the concept of Lok
Adalat was evolved.
Justice through courts have become been very expensive. Justice should be
done equally to rich and poor. The socio-economic condition prohibits the access to
equal Justice for all.
Article 39A was incorporated under DPSP,1976.
This Article casts a duty on the state to ensure Justice to all by providing free legal
aide. The free legal aide can be provided by a suitable legislation or scheme to ensure
access to the Justice. Due to economic or other disabilities, opportunity for securing
justice should not be denied to any citizen. However on 24.08.1987 Lok Adalats were
given statutory powers for constituting the statutory legal services authority and to
supplement the existing judicial system.

Q12 Role of Conciliator

Ans. Conciliator is a person who assists the parties in an independent and impartial
manner with the principles of justice and fairness in their attempt to reach an amicable
settlement of their dispute.

Role:
1. The conciliator shall assist the parties in an independent and impartial manner
in their attempt to reach an amicable settlement of their dispute.
2. The conciliator shall be guided by principles of objectivity, fairness and
justice, giving consideration to, among other things, the rights and obligations
of the parties, the usages of the trade concerned and the circumstances
surrounding the dispute, including any previous business practices between the
parties.
3. The conciliator may conduct the conciliation proceedings in such a manner as
he considers appropriate, taking into account the circumstances of the case, the
wishes the parties may express, including any request by a party that the
conciliator hear oral statements, and the need for a speedy settlement of the
dispute.
4. The conciliator may, at any stage of the conciliation proceedings, make
proposals for a settlement of the dispute. Such proposals need not be in writing
and need not be accompanied by statement of the reasons thereof.

Q13 Conciliation Procedure.

Ans. Conciliation means the settling of disputes without litigation, mediating between
two disputing people or groups.

Procedure –
1. Commencement of conciliation proceedings – S.62
The conciliation proceedings are initiated by one party sending a written
invitation to the other party to conciliate. The invitation should identify the
subject of the dispute. Conciliation proceedings are commenced when the
other party accepts the invitation to conciliate in writing. If the other party
rejects the invitation, there will be no conciliation proceedings. If the party
inviting conciliation does not receive a reply within 30 days from the date he
sends the invitation, he may elect to treat this as rejection of the invitation to
conciliate. If he so elects he should inform the other party in writing.

2. Submission of statements to conciliator – S.65

The conciliator may request each party to submit to him a brief written
statement. The statement should describe the general nature of the dispute and
the points at issue. Each party should send a copy of such statement to the
other party. The conciliator may require each party to submit to him a written
statement of his position and the facts and grounds in its support. It may be
supplemented by appropriate documents and evidence. The party should send
a copy of such statements, documents and evidence to the other party.

3. Conduct of Conciliation proceedings – S.69(1), 67(3)

The conciliator may invite the parties to meet him. He may communicate with
the parties orally or in writing. He may meet or communicate with the parties
together or separately.
In the conduct of conciliation proceedings, the conciliator has some
freedom. He may conduct them in such manner as he may consider
appropriate. But he should take into account the circumstances of the case, the
express wishes of the parties, a party’s request to be heard orally and the need
of speedy settlement of dispute.

4. Administrative assistance – S. 68
It facilitates administrative assistance for the conduct of conciliation
proceedings. The parties and the conciliator may seek administrative
assistance by a suitable institution or the person with the consent of the parties.

Q14 Settlement Agreement.

Ans. When it appears to the conciliator that settlement, which can be accepted by both
the parties is possible, the conciliator may formulate the terms of the possible
settlement, and submit it to the parties for their comments and suggestions. After
receiving the comments and suggestions from both the parties, the conciliator may re-
formulate the terms of the possible Settlement Agreement as per the comments and
suggestions of both the parties.

If the parties to the dispute reach an agreement to settle the dispute, then,-
i. They make and sign the written settlement agreement, or
ii. They may request the conciliator to make or help the parties to make the
settlement agreement.

The settlement agreement signed by the parties to the dispute is final and binding
upon the parties and the persons claiming under them, respectively. The settlement
agreement shall be authenticated by the conciliator and the copy thereof shall be given
to each of the parties to the dispute.

Q15 Role of Court in Arbitration & Conciliation Proceedings.

Ans.

Q16 Working Process of Lok Adalat.

Ans.
Procedure –
1. The Lok Adalats are generally organized by state legal aid and advice boards
or the district legal aid committees etc.
2. They have jurisdiction to determine and arrive at a compromise or settlement
between the parties to a dispute in respect of;
a) Any case pending before the court; or
b) Any matter which is falling within the jurisdiction of and is not brought
before any court for which the Lok Adalat is organized.
3. The Lok Adalat shall not have jurisdiction in respect of any matter or case
relating to an offence not compoundable under any law.
4. The date and place of holding a Lok Adalat are fixed about a month in
advance by the Legal Aid Board. The date so fixed is generally a Saturday or
Sunday or some other holiday.
5. 1nformation about holding a Lok Adalat is given wide publicity through press,
posters, radio, TV, etc.
6. Before a Lok-Adalat is held, its organizers request the presiding officers of the
various local courts to examine cases pending in their courts where in their
opinion, conciliation is possible. Once the cases are identified, parties to the
dispute are motivated by the judges of the Lok Adalats to settle their cases
through Lok Adalat.
7. Generally, senior judicial officers are invited to inaugurate a Lok Adalat.
8. The team of Lok Adalat generally consist of retired judges, senior local
officers, members of the Bar, spirited public-men, active women social
worker, elders of the locality and voluntary social organizations. The members
of the Lok Adalat are called conciliators. The number of conciliators is usually
three.
9. If conciliation result in a settlement of a dispute, a compromise deed is drawn
up and after obtaining the signatures of the parties to the disputes and their
advocates, it is presented to the presiding officer of the competent court who is
normally present at the place where the Lok Adalat is organized.
10. The judge (Presiding officer) after examining the fairness and legality of
compromise and satisfying himself that the compromise has been arrived at by
the free will and mutual consent of the parties, passes a decree.

Lok Adalats are intended to arrive at compromises and settlements. In doing so, it has
the power of a civil court in summoning and examining witnesses, the discovery of
documents, recording of evidence on affidavits and requisitioning of public records.
Further, it is open to Lok Adalats to specify its own procedure, and it is considered
judicial proceedings.

Whenever a settlement is reached, an ‘Award’ is made which is deemed to be a

‘Decree’ of a civil court. It is to be written down in simple and clear terms. No appeal
is permissible against such awards, which are deemed final. If no compromise is
reached, the same goes back to the court.
Q17 New York Convention
Ans. Convention on Recognition and Enforcement of Foreign Arbitral Awards is
popularly known as, “New York Convention Awards”. Acc. to S.44, Foreign Award
means, an Arbitral Award which is made on or after 11.10.1960, for the disputes
between the persons arising out of legal relationship, whether contractual or not,
which is considered as Commercial relationship under the law in force in India.

Thus, as per New York Convention, following conditions must be satisfied for an
Award to qualify as a Foreign Award-
 The Award must have been made on or after 11.10.1960, because, the New
York Convention came into force in India on 11.10.1960.
 The Arbitral Award must be made on a dispute between the parties arising out
of legal relationship, whether contractual or not.
 The legal relationship giving rise to dispute must be commercial under the law
in force in India.
 The arbitration agreement must be governed by the New York Convention,
1958.
 The arbitral award must have been made in one of the territories, which is
declared by the Central Government by notification in Official Gazette, as the
territory which has made the reciprocal provisions for application of the
provisions of the New York Convention, 1958

If all the above conditions are satisfied, then the Arbitral Award is a Foreign Award within
the meaning of S.44 and for the purpose of Chapter-I of Part-II of the Arbitration and
Conciliation Act, 1996.

Q18 Arbitration Agreement

Ans. Arbitration agreement as per S.7(1), means, an agreement between the parties to
submit all or certain disputes which have arisen or which may arise between them, to
Arbitration, in respect of a defined legal relationship, whether contractual or not.

1. An arbitration agreement, including an Arbitration Clause in an Agreement, is

a contract. It must be legally valid under the Indian Contract Act, 1872. A
contract to be legally valid under Indian Contract Act, 1872, must have
following essential ingredients-
- Parties must be legally competent to enter into contract
- Consent of the parties must be free, not influenced by fraud, coercion, etc.
- The object of the contract must be lawful.
- The contract must be capable of being carried into effect. it should not be
uncertain. All the above conditions being fulfilled makes an agreement a valid
contract.
2. An arbitration agreement must be in writing.
3. There should be a clear intention on the part of the parties to dispute, to refer
the dispute to arbitration.
4. The Arbitration agreement can be in respect of present or future dispute. Such
dispute must arise out of the defined legal relationship. Dispute not arising
from legal relationship, is beyond the scope of Arbitration. The legal
relationship can be-
- Contractual i.e., arising out of a contract, or
- Non-contractual i.e. arising out of a breach of a statutory obligation.

Q19 Settlement Award

Ans. An award on agreed terms, i.e., the settlement can be made, under S.30. when
the parties to dispute during the arbitral proceedings, settle the dispute, the arbitral
tribunal shall record the settlement in the form of an arbitral award on agreed terms.
An arbitral award on agreed terms should be made in accordance with the provisions
of S.31, and it should state that it is an arbitral award.
An arbitral award on agreed terms have the same status and effect as any other
arbitral award which is made on the substance of the dispute. Thus, as per S.30, an
award can be passed in terms of settlement, and accordingly, it is known as Award on
agreed terms.
- It is not incompatible with an arbitration agreement for an arbitral tribunal to
encourage settlement of the dispute and, with the agreement of the parties, the
arbitral tribunal may use mediation, conciliation or other procedures at any time
during the arbitral proceedings to encourage settlement.
- If, during arbitral proceedings, the parties settle the dispute, the arbitral tribunal
shall terminate the proceedings and if, requested by the parties and not objected to
by the arbitral tribunal, record the settlement in the form of an arbitral award on
agreed terms.
- An arbitral award on agreed terms shall be made in accordance with S.31 and
shall state that it is an arbitral award.
- An arbitral award on agreed terms shall have the same status and effect as any
other arbitral award on the substance of the dispute.

Q20 Interim Award

Ans. Acc. to S.2(1)(c), an Arbitral award includes an Interim Award. S.31(6)
empowers the Arbitral Tribunal to make an interim award on any matter on which it
may make a final arbitral award. An interim award like a final award, is basically an
award. It must have all the characteristics that a final Award has, in order to be Valid
Award. An interim award which does not relate to the facts and circumstances of the
case, is invalid. Interim award on the matter not in dispute is not enforceable.
Depending upon the nature of the dispute, claim, counterclaim, etc. an Interim
award can be made at various stages of the Arbitral proceedings. If a dispute has
various subject matters which are independent of each other, then an Interim Award
can be made on some of these disputes, before making a final award.
A interim award is always made before a final award. There cannot be a interim
award after the final award is made.
Q21 Appointment of Conciliator.
Ans.
 In any conciliation proceedings, there shall be only one Conciliator, provided
that, if the parties agree that there shall be two or three conciliators then such
number of conciliators appointed by the parties should act jointly. (S.63)
 The parties appointing the conciliator may agree on the name of a sole
conciliator, if there is only one conciliator.
 In the conciliation proceedings with three conciliators, the third conciliator
acts as the Presiding conciliator.
 As per S.64(2), while appointing the conciliator, Parties to the proceeding can
take the help of any person or institution for the appointment of a Conciliator.
Parties may request such person or institution for the recommendation of a
suitable individual who can act as a conciliator. Alternatively, they may agree
that such person or institution should directly appoint one or more conciliators.
 While appointing or recommending one or more conciliators, such person or
institution should take into considerations, such aspects, that lead to the
appointment of an independent and impartial conciliator. Also, while
appointing a sole or the third conciliator, if such person or institution should
appoint the conciliator of a nationality, which is different from the nationality
of the parties.

Q22 International Commercial Arbitration.

Ans. Sec. 2(1)(f) of the A&C Act, 1996, defines the term of ICA. Accordingly, ICA
means, an arbitration relating to disputes arising out of legal relationship, whether
contractual or not and which are considered as Commercial under the law in force in
India. In such an Arbitration, at least one of the parties should be-
i. An individual who is either national or a habitual resident of any country other
than India, or
ii. A body corporate, which is incorporated in any country other than India, or
iii. A company or an association or a body of individuals, whose central
management and control is exercised in any country other than India, or
iv. The government of a foreign country.

According to S.2(1)(f) the International Commercial Arbitration has following ingredients-

1. The dispute to be referred to Arbitration, must arise out of legal relationship;

2. Such legal relationship can be, both, contractual, and non-contractual.
3. Such legal relationship, must be considered as “Commercial” according to the law in
force in India.
4. One of the parties to Arbitration, must be a foreign national.
5. The foreign national can be, both, a natural person, or a legal person.

Thus, it can be inferred that, essential requisite of an International Commercial Arbitration is

that, one of the party to the Arbitration, should be a foreign national. If both the parties to
Arbitration are Indian Nationals, then, even if the subject matter of dispute is having an
International Perspective, the Arbitration shall be a Domestic Arbitration. The dispute to
Arbitration, must arise out of legal relationship which are commercial in nature. The term
commercial must be given an wider “interpretation”.

Q23 Conventional award

Ans.

Q24 Composition of Arbitral Tribunal

Ans.
 Arbitral tribunal means a sole arbitrator or a panel of arbitrators. S.10 and S.11
of the Arbitration and Conciliation Act, 1996, provides for Composition of
Arbitral Tribunal.
 S.10(1) says that, while making an appointment of Arbitrator, parties to
dispute are free to determine the total number of Arbitrators. But such total
number of Arbitrators shall not be an even number. The total number of
arbitrators appointed by the parties, must be an odd number.
 S.10(2) says that, if the parties to Arbitral Agreement fail to determine the
total number of Arbitrators, then the Arbitral Tribunal shall consist of only one
Arbitrator or sole Arbitrator. The arbitrators to be appointed for an arbitral
proceedings, must give their free consent to act as an arbitrator, to adjudicate
upon the dispute which is the subject matter of Arbitration agreement.
 S.11 says that, with respect to the nationality of the arbitrator the person may
be of any nationality or may as the party decide the same. The process of
appointing a arbitrator may be the decided by the parties according to Sub-
section 6.
 S.12 says that, the grounds of challenging the arbitrators. There lie two basis
grounds on which a arbitrator can be challenged. The first remains the doubts
of been impartial or the independence of the arbitrator. If the parties or party
feels that the arbitrator is impartial or has connection to one of the parties then
the challenge can be raised. On the other side if the there is a incapacity on the
grounds of his qualification then on that ground too disqualification process
can be initiated.
 Therefore, S.10 can be interpreted in the lights of S.11. S.10 remains more
clear than S.11 in a sense that S.10 provides the number of arbitrators. On the
other hand. S.1 provides only the appointment in cases where there is one
arbitrator or three arbitrators. The SC has held that the agreement does not
becomes void just because of the fact that the parties have decided for
appointment of two arbitrators.

Q25 Role of conciliator (S.67)

Ans.
1. The conciliator shall assist the parties in an independent and impartial manner
in their attempt to reach an amicable settlement of their dispute.
2. The conciliator shall be guided by principles of objectivity, fairness and
justice, giving consideration to, among other things, the rights and obligations
of the parties, the usages of the trade concerned and the circumstances
surrounding the dispute, including any previous business practices between the
parties.
3. The conciliator may conduct the conciliation of proceedings in such a manner
as he considers appropriate, taking into account the circumstances of the case,
the wishes the parties may express, including any request by a party that the
conciliator hear oral statements, and the need for a speedy settlement of the
dispute.
4. The conciliator may, at any stage of the conciliation proceedings, make
proposals for a settlement of the dispute. Such proposals need not be in writing
and need not be accompanied by a statement of the reasons therefore.

Q26 Place of Arbitration

Ans. S.20 provides for fixing of the place where the Arbitral proceedings can be
conducted.

Acc. to S.20,
a) The parties to arbitration agreement, are free to agree on a place where the
arbitration proceedings can be conducted.
b) If the parties do not agree upon the place of arbitration under S.19(1), then the
place of arbitration shall be determined by the Arbitral tribunal. While fixing
the place of arbitration, the arbitrators shall consider- circumstances of the
case, convenience of the parties, where the place of arbitration is fixed, a
notice to that effect must be given to the parties to arbitration.
c) Even if the place of Arbitration is fixed by the Parties under S.20(1), or by the
Arbitral Tribunal under S.20(2), then also, the Arbitral Tribunal is empowered
by S.20(3), to meet at any place which it considers appropriate for the
following purposes-
- For consultation with other members of the Arbitral Tribunal.
- For hearing the parties, witnesses, etc.
- For inspection of the documents, goods or other property.

Such power of Arbitral tribunal meet at any place is subject to the agreement between the
parties to the contrary. If any restriction is placed by an Agreement between the Parties,
regarding the place of Arbitration, the Arbitral tribunal will be bound by such agreement.
Determining the place of arbitration by a person or an institution is not an Award under the
Arbitration and Conciliation Act, 1996.

Q27 Difference between waiver and estoppel?

Ans.
- Waiver is an intentional relinquishment of a known right. Whereas, Estoppel
prevents a person from adopting a position an action inconsistent with an earlier
position if it would result in an injury to another person.
- Waiver is contractual and may constitute a cause of action, whereas estoppel is
rule of evidence and is not a cause of action.
- Estoppel is not a cause of action, but waiver is contractual and may constitute a
cause of action.
- Waiver is an agreement to release or not to assert a right. There is no such thing as
estoppel waiver.
- Estoppel is a rule of evidence, waiver is a rule of conduct.
Brief:

Q1 State the forms and contents of arbitration agreement.

Ans. S.7(1), AA means, an agreement between the parties to submit all or certain
disputes which have arisen or which may arise between them, to Arbitration, in
respect of a defined legal relationship, whether contractual or not.

S.7(2), the agreement may be in the form of an arbitration clause in a contract or in

the form for a separate agreement.

S.7(3), it shall be in writing.

S.7(4), the agreement is in writing if it contains a document signed by parties, an

exchange of letters, telex, telegrams or other means of telecommunication which
provide a record of agreement, 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.

An Arbitration Agreement should be-

- Be in writing/Written Agreement.
- There must be a present or future dispute contemplated between the parties
- There must be intention of the parties to submit to arbitration
- The parties must be ad-idem.

1. Written Agreement
It is necessary that the agreement between the parties shall be a written one. It may
contained, inter alia, in
- Documents signed by the parties
- Exchange of letters, telex, telegrams or other means of telecommunication which
provide a record of agreement;
- An exchange of statement of claim and defence I which its existence is alleged by
one party and not denied by other.

There should be valid and binding agreement in writing to submit to arbitration. The parties
to it must be legally competent to contract. The written arbitration agreement must be in the
form of an arbitration clause in a contract or by the way of a separate agreement or arise by
the incorporation of an earlier documents containing an arbitration clause into another
document. In order to constitute a valid arbitration, it is sufficient if the terms are reduced in
writing and the agreement of the parties thereto is established.

2. There must be a present or future contemplated between the parties

The parties shall submit to arbitration for all or certain disputes which have arisen or
which may arise between them in respect of a defined legal relationship, whether
contractual or not. The expression “all disputes” is a general term and applies
generally to arbitration clauses in contracts of a continuing nature. It refers to future
disputes which may arise but are not certain. The term “certain disputes” means
disputes which have arisen and are certain
The dispute must be in respect of a define legal relationship, which is
generally defined either in legal document or in law. The subject matter to which the
dispute may related must be lawful. It must be covered by the agreement. It must be
within the arbitrator’s jurisdiction. It must not relate to matters which are not
referable. It must be capable of arbitration. The dispute must be justifiable in civil
action, it must be in respect of civil rights, in respect of which civil remedies can be
sought or claimed.
Existence of dispute is essential for reference to arbitration. The arbitrator’s
jurisdiction depends upon the existence of dispute. If there is no dispute there is
nothing to arbitrate upon.

3. There must be intention of the parties to submit to arbitration

No particular form can be laid down as universal for framing an arbitration
clause/agreement. Actual use of the words, arbitrator/arbitration is not necessary.
However, it is essential that the intention of the parties to go to arbitration must be
clear, precise and unambiguous language. Words used must clearly express the
intention of the parties to have their disputes settled in a quasi-judicial manner by the
tribunal of their own constitution whose decision shall be regarded as final,
conclusive and binding upon them.
Intention of the parties to submit to arbitration has to be gathered from the
terms of the agreement. If the terms of the agreement indicate intention on the part of
the parties to refer the dispute to the arbitral tribunal for adjudication and their
willingness to be bound by the decision of such tribunal, such agreement would
amount to arbitration agreement.

4. Parties must be ad-idem

Arbitration agreement is not required to be in any particular form. What is required to
be ascertained is that whether the parties have agreed that if the dispute arise between
them in respect of subject matter of the contract such dispute shall be referred to
arbitration, then, such an agreement would spell out an arbitration agreement. For
the existence of an agreement there has to be ‘consensus ad idem’ between the
parties i.e., they should agree to the same thing in the same sense.
In view of S.7(4)(b) even in absence of written document signed by the parties
an arbitration agreement can be said to have come into existence of from exchange of
letters, telex, telegram or other means of telecommunication, it can be shown that the
parties were at idem on arbitration agreement and in that event mere fact of one party
not signing the agreement cannot absolve him from liability under agreement.
There cannot be an arbitration agreement in vacuum. Though, severable from
main agreement, it has to have a foundation in some defined legal relationship
between the parties, which would require a consensus on the terms thereof between
the parties.
Q2 Explain the importance of Lok-adalat in Judicial work
Ans. Article 21 of the constitution provides that, “no person shall be deprived of his
life or personal liberty except according to procedure established by law”. lok adalats
were formed in discharge of these obligation under the constitution. Lok adalat is also
known as people’s court. It stands for people and it is the system which has deep roots
in Indian legal history, as it is one of the very efficient and important ADR
mechanisms and most suited to the Indian environment, culture and societal interests.
Lok adalats are one of the alternative dispute redressal mechanisms, it is a forum
where disputes/cases pending in the court of law or at pre-litigation stage are
settled/compromised amicably.
The evolution of Lok Adalat was a part of the strategy to relieve heavy burden
on the courts with pending cases and to give relief to the litigants. A case pending in a
court may be referred to Lok Adalat on an agreement between parties or an
application made by one of the parties to the court for referring the case to Lok Adalat
for settlement. So also, the court can suomoto refer a case to Lok adalat. Objective of
lok adalat is to settle the disputes which are pending before the courts, be
negotiations, conciliation and by adopting persuasive common sense and human
approach to the problems of the disputants.
In Hussainara khatoon v. Home Secretary, State of Bihar (1979), the SC
held that “right to speedy trial” is a fundamental right guaranteed under Art.21 of the
Constitution, Justice delayed is justice denied. Speedy trial was held to be the essence
of criminal justice.

Q3 State the jurisdiction of arbitral tribunal?

Q4 State the procedure and importance of settlement agreement?

Q5 When award is considered as final award?

Q6 Explain foreign award with help of two conventions.

Q7 Explain the concept of foreign award with the help of two conventions.

Q8 Explain the procedure and power of conciliator for settlement of dispute.

Q9 How does an Arbitrator is appointed?

Q10 What are contents of an Arbitral Award?

Q11 What is setting aside of an arbitral award?

Q12 Explain the procedure of Lok adalat.

Q13 When an arbitral award can be set aside?

Q14 Explain the procedure of Lok Adalat.

Q15 Explain the concept of Foreign award with the help of two conventions.

Q16 Explain in detail conciliation procedure.

Q17 What are the powers of Arbitral tribunal to proceed Ex Parte? Discuss with the
help of decided cases.

Q18 What are the provisions relating to correction, interpretation & additional
award?

Q19