PAPER – V
ARBITRATION, CONCILIATION AND ALTERNATE DISPUTE RESOLUTION
(Paper Code : K-4007)
The course shall comprise the followings:
1. ARBITRATION– Definition, Nature, Scope and importance of Arbitration; Arbitration Agreement, Composition
of Arbitral Tribunal; Jurisdiction of Arbitral Tribunals, Conduct of Arbitral Proceedings; Making of Arbitral Award,
Termination of Proceedings; Resource against Arbitral Award, Finality and enforcement of Arbitral Awards;
Appeal and Revision.
2. FOREIGN AWARDS – New York Convention Awards; Geneva Convention Awards.
3. CONCILIATION – Application, Scope, Commencement of Proceedings; Appointment of Conciliators,
Submission of statement to conciliators; Role of Conciliator, Communication between Conciliator and Parties;
Settlement Agreement, Termination of Conciliation Proceedings; Costs and Deposits of Conciliation Proceedings.
4. RULE- MAKING POWERS – High Courts, Central Government.
5. ALTERNATE DISPUTE RESOLUTION SYSTEM
(i) Development, Meaning, Objective and Advantages of A.D.R. System.
(ii) Types of A.D.R. System – Mediation, Arbitration, Negotiation, Mini-Trial, Judicial Settlement, Fast Track
Arbitration,
Final Offer Arbitration, Multi door CourtHouse, Medola, Online Dispute Resolution, Family Settlements etc.
(iii) Lok Adalats – Organization, Cognizance of Cases, Awards and Powers of Lok Adalats.
(iv) Any two Cases of Arbitration and Conciliation
2019
(Section-A)
Q.1. Set aside of an award.
Q.2. Administrative assistance.
Q.3. Arbitration agreement.
Q.4. What do you mean by termination of ‘Arbitation Proceedings’?
Q.5. What is the difference between arbitrator and referee?
(Section-B)
Q.6. What is Concilator? How is he appointed?
Q.7. What is International Commercial Arbitration?
Q.8. What is Geneva Convention Award?
(Section-C)
Q.9. Discuss the meaning and field of ‘Alternative Dispute Resolution System’. What is the importance of it now-a-days?
Q.10. On what grounds the appointment of an arbitrator can be challenged? What is the procedure to be adopted for it?
Q.11. What do you mean by Lok-Adalat? The settlement made by Lok-Adalat is one of the effective Alternative Dispute System (ADR). Comment.
Q.12. What are the salient features of Arbitation and Conilcation Act, 1996? Discuss.
Q.13. What provisions exits in the Act for making any correction , interpretation and amendments of award? Explain.
2022
(Section-A)
Q.1. Domestic Award
Q.2. Fast track Arbitation
Q.3. International Commercial Arbitation
Q.4. Conciliator
Q.5. Necessary requisites for appointment of Arbitation
(Section-B)
Q.6. Finality of the ‘Arbital Award’
Q.7. Difference between arbitration adn conciliation.
Q.8. What is the importance of ‘Arbitation clause’ in a contract deed.
(Section-C)
Q.9. Discuss the meaning and field of ‘Alternate Resolution System’. Also discuss its importance.
Q.10. Trace the history of ‘Legal Aid’ citing laws pertaining to ‘legal Aid’.
Q.11. Discuss the provisions regarding appointment of Arbitators under the Arbitation and Conilcation Act, 1996.
Q.12. What do you mean by ‘Foreign Award, under Geneva Convention? What are the conditions for enforcement for an Award.
Q.13. ‘The settlement made by ‘Lok Adalat’ has been proved ass one of the very effective alternative dipsute system.’ Comment.
2023
(Section-A)
Q.1. Define legal represenatetive.
Q.2. What is the nature of ADR system?
Q.3. Who is entitled for legal services?
Q.4. What do you mean by domestic arbitration?
Q.5. Define Jurisdiction.
(Section-B)
Q.6. Discuss the conciliation settlement agreement.
Q.7. “Lok Adalat is synonym of cheap and speedy justice.” What steps should be taken to make these adalats more effective?
Q.8. Explain the stages of any standard mediation process.
(Section-C)
Q.9. Discuss any four negotiation strategies with the help of examples.
Q.10. Write short notes on any two of the following:
(a) Risks and drawbacks of mediation
(b) Communication techniques used in mediation
(c) Qualities of a good/effective mediator.
Q.11. Explain the various types of arbitration available.
Q.12. Write comments on:
(a) Non-verbal communication
(b) BATNA
Q.13. What is conflict resolution? Explain various negotiation styles to resolve a conflict.
2024
(Section-A)
Q.1. What is the meaning of “Foreign Award”?
Q.2. What is the meaning of ‘Domestic Arbitration’?
Q.3. What is the meaning of “Fast-Track Arbitration”?
Q.4. Give the names of modes of ADR.
Q.5. When conciliation proceedings start?
(Section-B)
Q.6. What are the objects of the Arbitration and Conciliation Act, 1996?
Q.7. How can the Arbitration Tribunal can take help of the Court in taking evidence under Section 27 of Arbitration and Conciliation Act, 1996?
Q.8. What types of cases can be decided by the Lok Adalat?
(Section-C)
Q.9. What are powers of State Government to amke rules under the Legal Services Authoratives Act, 1987?
Q.10. What is effect of death and involency of a party in an arbitation agreement?
Q.11. Discuss grounds on which Arbital Award can be set aside.
Q.12. Discuss the Jurisdiction and powers of Lok Adalat.
Q.13. Equal treatment of parties and the princoiples of natural justice are the basis in the conduct of Arbital proceedings. Dicsuss.
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