0% found this document useful (0 votes)
9 views

Final suggestion of ADR

The document consists of a series of questions related to Alternative Dispute Resolution (ADR), including definitions, objectives, and various legal frameworks surrounding arbitration and conciliation in India. It also covers the roles of arbitrators and conciliators, the concept of Lok Adalat, and the enforcement of foreign awards. Additionally, it includes case studies and hypothetical scenarios to analyze legal principles and issues in ADR.

Uploaded by

shankargupta1212
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
9 views

Final suggestion of ADR

The document consists of a series of questions related to Alternative Dispute Resolution (ADR), including definitions, objectives, and various legal frameworks surrounding arbitration and conciliation in India. It also covers the roles of arbitrators and conciliators, the concept of Lok Adalat, and the enforcement of foreign awards. Additionally, it includes case studies and hypothetical scenarios to analyze legal principles and issues in ADR.

Uploaded by

shankargupta1212
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 3

Each Question Carries 2 Marks

1. Define Alternative Dispute Resolution System?


2. What is the objective of Alternative Dispute Resolution System?
3. What are the essential elements of an arbitration agreement?
4. Define International Commercial Arbitration?
5. Define Negotiation?
6. Mention those enactments which were contained the law of
Arbitration in India before Arbitration and Conciliation Act, 1996?
Is there any enactment for Conciliation proceedings?
7. Who is an Arbitrator? Mention a case reference which define
Arbitrator.
8. Who is a Conciliator?
9. Define Arbitration Agreement? When can a court refer parties to
Arbitration?
10. What do you mean by Foreign Award? Mention those foreign
awards which are applicable in India.
11. Define Interim measures? Can interim award have been final and
binding on the parties to the dispute?
12. What is the time limit for making arbitral award?
13. Is Arbitral Tribunal can decide its own jurisdiction? Justify.
14. How the Arbitration Council of India has been established?
15. What is free legal aid?
16. What is the objective of Legal Service Authorities Act, 1987?
17. What is Lok Adalat?
18. What is the composition of Lok Adalat?
19. Explain the concept of Award in Lok Adalat?
20. What is Permanent Lok Adalat?
21. When the Permanent Lok Adalat was established and why?
22. Distinguish between arbitration, mediation and conciliation.
Each Question Carries 5 Marks
1) Discuss the history and development of arbitration law?
2) Discuss the nature and scope of Alternative Dispute Resolution?
3) “The arbitral proceedings shall be terminated by the final arbitral
award or by an order of the arbitral tribunal” Comment.
4) Subject to what condition an award may be corrected or
interpreted when can an additional award be made?
5) What will be the role of a conciliator in other arbitral or judicial
proceedings?
6)
7) When shall an award be final and binding on the parties? Against
what orders appeal shall lie to the court?
8) What are the merits and demerits of Lok Adalat?
9) How NALSA is Constituted? What are the functions of National
Legal Service Authority in terms of the legal services authorities’
act, 1987?
10) Distinguish between Lok Adalat and Permanent Lok Adalat?
************************

Each question carries 10 marks


1. What do you mean by alternative dispute resolution system?
What are the various modes of alternative dispute resolution
system? Discuss them in brief.
2. What is the meaning of arbitral award? Discuss the grounds for
setting aside of an arbitral award.
3. State the provisions of the Act for appointment of
Conciliator? Discuss the role of the Conciliator while conciliating?
Is Conciliator bound by the CPC or the Indian Evidence Act?
Elaborate the provisions relating to Settlement Agreement under
Conciliation, of the Arbitration & Conciliation Act, 1996.
4. Examine the reason behind the adoption of arbitration and
conciliation act 1996.
5. Discuss the provisions of arbitration and conciliation act, 1996
regarding enforcement of foreign awards with reference to New
York convention in India. Discuss the provisions of arbitration
and conciliation act, 1996 regarding enforcement of foreign
awards with reference to Geneva convention in India.
6. Facts-
- XYZ Style Co. having its business in Wonderland and 10 more
countries, contracted to ABC Fashion Ltd. regarding supply of little
black dress to it. It was found that some dresses were not properly
stitched, hence the dispute arose. To resolve the issue amicably
ABC Fashion Ltd. proposed arbitration for which arbitration
agreement was not drafted but merely stated that arbitration shall
take place as per arbitration clause mentioned in the contract
between both the parties. In the agreement there were two clauses
- (i) agreement was to be governed by according to laws of
Wonderland, and (ii) In event of dispute in connection with the
agreement shall be referred to tribunal. Arbitrator was appointed
and sent notice to ABC Fashion Ltd. informing the first date of
hearing and asked them to convey the same to other party. ABC
Fashion Ltd. mailed the same and XYZ Style Co. replied the same
stating the, they will go to court against this unjust initiation of
unjust proceeding.
Issues-
1- Is this dispute Domestic?
2- Is there a valid arbitration agreement?
3- If Arbitration Award is passed here in favour of ABC Fashion Ltd.
then on what ground can XYZ Style Co. raise challenge against that
award in front of court as everything is consensual?
7. Facts-
- AYV Corporation And Tiyar Co. Ltd. entered into trade relation, and
kept an arbitration clause in their agreement. But due to some
payment issue, arbitration proceeding starred in front of three
arbitrators. AYV Corporation that, found one arbitrator Mr. Ross was
appointed earlier by Tiyar Co. Ltd. in previous proceedings. Hence
AYV filed suit against Mr. Ross.
Issue-
- Whether Arbitrator is Independent or not?
8. What are the benefits and powers of Lok Adalat?
9. What is free legal aid? Who are entitled for free legal services in
India?
10. Critically analyze the enforcement of foreign awards. Conditions
for enforcement of foreign awards? Requirements for
enforcement of foreign awards?
************************

You might also like