Alternate Dispute Resolution.docx

Alternate Dispute Resolution 1. Discuss the following: (a) Difference between arbitration agreement and an agreement for expert  determination. (b) Scope of power of court to pass interim measures before the commencement of  arbitration. 2. Discuss the nature of order passed by chief justice chief justice under section II of the Arbitration and conciliation Act, 1996. Give reasons in support of support  of your answer. 3. Explain the following: (a) Doctrine of “Competence-Competence” (b) Power of tribunal to pass interim measures. 4. Discuss the following: (a) Court assistance in taking evidence (b) Settlement award 5. Define an arbitral award. Also discuss the grounds on which an award may be set aside. 6. What are the difference between a New York convention York  convention award and a Geneva Convention award? Discuss the applicability of Part-I of the of  the Arbitration and conciliation Act, 1996 to foreign seated arbitrations. 7. Discuss the following in relation to part-III of the of the Arbitration and conciliation Act, 1996: (a) Meaning of Conciliation and Role of conciliator of conciliator (b) Settlement agreement and termination of  conciliation proceeding. 8. Write short notes on any two of the following: (a) Procedure to terminate the mandate of an arbitrator. (b) Meaning and kinds of Negotiation (c) Section 45 of the Arbitration and Conciliation Act, 1996. (d) Kinds of arbitration 9. Define arbitration. What do you mean by an arbitration agreement? Discuss the differences between an arbitration agreement  agreement and and an agreement for export determination. Give suitable illustrations. 10. Explain the following: (a) Power of judicial authority to refer the matter for arbitration. (b) Difference between section 9 and section 17 of the Arbitration and Conciliation Act, 1996.

11. Discuss the default procedure to appoint arbitrator. Also discuss the nature of order passed by the Chief Justice under section 11 of the Arbitration and Conciliation Act, 1996. 12. Discuss the following: (a) Conduct of arbitral proceedings (b) Making of an arbitral award. 13. "The defect of the decision of Bhatia International V. Bulk Trading (2002) 4 sec 105 became visible in the decision of Venture Global Engineering v. Satyam Computer Services and another (2008) 4 sec 190 which was corrected in the decision of Bharat  Aluminium Co. Ltd. v. Kaisar Aluminium Technical Service (2012) 9 sec J-26". Discuss. 14. (a) Explain the grounds on which enforcement of foreign award may be denied. (b) Define foreign award. What are the differences between New York Convention Award and Geneva Convention award? 15. Discuss the following in relation to conciliation: (a) Confidentiality (b) Settlement agreement and its status (c) Role of conciliator 16. Write short notes on any two of the following: (a) Limitation prescribed under section 34 of the Arbitration and Conciliation Act, 1996. (b) Grounds and procedure for removing an arbitration. (c) Termination of conciliation proceeding. (d) Negotiation 17. Discuss whether following are valid arbitration agreement: (a) A stipulation in a will by the testator that "if there was any dispute in regard to the will, the same should be referred to Mr. X as sole arbitrator whose decision shall be final and binding on the parties." (b) A clause in the Memorandum of Understanding which states “Implementation will be done in consultation with the financial institutions. For all disputes, clarifications etc, in respect of implementation of this agreement, the same shall be referred to the chairman, IFCI or his nominees whose decisions will be final and binding on both the groups." 18."The parties to agreement are family members who had disputes in respect of the family business and properties. They agreed to resolve their disputes by arbitration with Mr. 'X' and Mr. 'Y' as arbitrators". Discuss the validity of the award passed in the above case. Give reasons in support of your answer. 19. Explain the following: (a) Grounds and procedure to challenge an arbitrator. (b) "Doctrine of "competence-competence" is a rule of chronological priority.

20. BCPL is a leading company for supplying different kinds of chemicals for metal industries. The company entered into a contract with a swiss firms for selling a new and unique chemical that BCPL's team has been in the process of developing. According to the contract BCPL is to supply a specified quantity of chemical within a period of months, failing which BCPL agreed to pay a liquidated damage of Rupees 'X'. Later on, BCPL shows its inability to supply the chemical in 3 months and fails to meet its contractual obligation to words the Swiss firm. The Swiss firm invoked the arbitration clause and claimed the damages form BCPL. An award stating that BCPL is not obliged to pay damages as no loss occurred to Swiss firm because of the breach was passed. Discuss whether the award can be set aside on any grounds? 21. Discuss the applicability of part I of the Arbitration and Conciliation Act, 1996 to arbitrations done outside India. How far do you think that section 9 of the Act should be made applicable to such arbitrations? Give answer with reasons. 22. Discuss the following: (a) Foreign Award (b) Proper law of arbitration agreement and proper curial law. 23. Define conciliation. What are the roles of a conciliator? Also discuss the provisions of the Arbitration and Conciliation Act, 1996 dealing with settlement agreement. 24. Write short notes on any two of the following: (a) Settlement award (b) Form and content of an arbitral award (c) Court assistance in taking evidence (d) Negotiation as a mechanism of dispute settlement. 25. In terms of section 5, judicial intervention is restricted except where specifically allowed under Part I of the Arbitration and Conciliation Act 1996. Discuss. Explain also the circumstances wherein the parties may approach the court in a matter covered by an arbitration agreement. 26. Discuss the grounds mentioned under section 34 for setting aside the arbitral award. 27. Arbitration agreement derive their importance from the fact that arbitration proceedings arise there from. Discuss. 28. The order of the Chief Justice or his designate regarding the power of appointment of arbitrator in exercise of the power under section 11 is not an administrative order but a judicial order. Discuss. 29. Discuss the manner in which Conciliation proceedings commences and terminated. 30. Define the term “Foreign Award”. Explain the circumstances under which enforcement of foreign award may be refused at the request of the parties. 31. None of the provisions of Part I of the arbitration and conciliation act 1996 would be applicable to International commercial arbitration taking place out of India. Discuss. 32. Write a short note on any of the following:

(a) Pre- requisites for the grant of interim relief. (b) Strategies of Negotiations. (c) Termination of arbitration proceeding. (d) Adhoc arbitration and institutional arbitration. 33. Discuss the following: (a) Definition of Arbitration agreement (b) Power of judicial authority to refer the matter for arbitration. 34. Discuss the law relating to number of arbitrators. 35. Discuss the grounds and procedure to terminate the mandate of an arbitrator. 36. Explain the following: (a) Correction and interpretation of an award by arbitral tribunal. (b) Form and content of an arbitral award. 37. Discuss violation of public policy as ground for setting aside an arbitral award. Also discuss the limitation period prescribed for challenging an award. 38. (a) Discuss whether section 9 of the Arbitration and Conciliation Act, 1996 applies to arbitration done outside India? (b) Discuss the meaning of Foreign award.