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ADR Exam Paper - RMLNLU Nov 2021

This document provides instructions and questions for an Alternative Dispute Resolution exam. It is divided into two sections, with Section A asking students to answer 3 of 6 long questions, and Section B asking students to answer 2 of 5 short notes questions. The instructions specify formatting requirements for submitting handwritten answers, such as page numbering, file naming, and uploading the PDF by a certain deadline. Section A questions discuss challenging an arbitrator's jurisdiction, the scope of public policy in annulling awards, and the maintainability of an arbitration petition given a related criminal case. Section B provides short note topics on legal delocalization of arbitration, negative effects of competence competence, fast track arbitration, and choice of law governing contracts.

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89 views2 pages

ADR Exam Paper - RMLNLU Nov 2021

This document provides instructions and questions for an Alternative Dispute Resolution exam. It is divided into two sections, with Section A asking students to answer 3 of 6 long questions, and Section B asking students to answer 2 of 5 short notes questions. The instructions specify formatting requirements for submitting handwritten answers, such as page numbering, file naming, and uploading the PDF by a certain deadline. Section A questions discuss challenging an arbitrator's jurisdiction, the scope of public policy in annulling awards, and the maintainability of an arbitration petition given a related criminal case. Section B provides short note topics on legal delocalization of arbitration, negative effects of competence competence, fast track arbitration, and choice of law governing contracts.

Uploaded by

Abhishek
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Dr.

Ram Manohar Lohiya National Law University, Lucknow


End Term Examination November, 2021
Max-Marks :- 70 Time - 05 Hours B.A. LL.B./VIIth Sem./ET/Nov.-21/ADR

Alternative Dispute Resolution


Note: Read the instructions carefully before attempting the answers:
(i) The Question Paper is divided into 2 Sections i.e. Section - A and Section - B.
(ii) The Examinee is required to attempt any 3 (three) Questions from Section - A, and any 2 (two)
Questions from Section - B. Figures in the margin indicate the Marks.
(iii) The assignment has to be submitted in a handwritten form. No other format would be acceptable.
(iv) The examinee has to write the answer in A4 Size or equivalent size sheets, ruled or un-ruled.
(v) The examinee must write his/her name, enrollment number, name of the subject on the first page of
the answer.
(vi) The examinee has to mention his/her name and enrollment on every subsequent page.
(vii) The examinee must write down the page no. on every page in the format (No. of page of total pages)
example-1 of 12, 2 of 12 etc.
(viii) The examinee must ensure that the scanned copy of the answer script is clear and legible, in PDF
format and uploaded as a single file and size should not be more than 30 MB. In case the office
receives multiple files of the answer script, only first response received shall be considered and other
responses shall be ignored.
(ix) The name of the PDF file of the answer script must be (Enrollment No) (underscore) (Paper Name)
for Example 150101154_Jurisprudence.
(x) The Scanned copy of the same has to be uploaded on Office Form through the link-
[Link] or through QR Code given above till 04:00 PM on
25/11/2021. Examinee can use only their MS Teams User ID given by University and must be careful
while uploading the answer script as only first response would be accepted. Examinees must also take
care before uploading the PDF file of answer script that all the pages of the script have been added in
the PDF file.
Only responses received through Office Form will be accepted. Answers received
through email will not be considered.
(xi) In case of any technical difficulty the examinee may contact Dr. Aman Deep Singh, Associate
Controller of Examinations on +91-9793085772, +91-8840353326.
(xii) The students must note that they are required to finish the writing of answers in three hours while
they have to answer one long question less. The time of two hours is more than sufficient for
downloading paper and uploading the answer-sheets. They must submit their answer sheets within 5
hours. Responses received after 04:00 PM shall be dealt in accordance with the notification no. 332-21
dated 10.03.2021([Link] available on the University
Website. If they fail to do so they would be afforded another opportunity to appear in the physical
examination in such papers after the reopening of the University but, in the interests of the students,
the chance will not be counted as a repeat paper. The University would ensure justice to all the
students.

(SECTION – A) (03X20)
1. Discuss the various modes of challenging the jurisdiction of the arbitrator.
2. Discuss the scope of the concept of the public policy in the annulment of an arbitral award.
3. An arbitration petition was filed by the appellant seeking appointment of an arbitrator under the
arbitration clause of the partnership deed between the parties. An FIR, prior to that petition was
lodged by one of the parties alleging siphoning off of funds and various other business
improprieties committed by the appellant. Discuss whether the application for the appointment of
the arbitrator is maintainable or not.
4. Discuss the impact of the two major amendments to the Arbitration and Conciliation Act 1996 in
order to make commercial arbitration a cost effective and speedy mode of dispute resolution.
5. Discuss the survival of the arbitration clause in the case of a full and final settlement of all the
claims by issuing a discharge voucher.
6. Discuss the scope of the judicial inquiry as to the validity of the arbitration agreement and the
underlying contract in an anti arbitration injunction suit.
(SECTION – B) (02X05)
Write short notes on any two of the following:
7. Legal delocalization of the arbitration
8. Negative effects of the principle of competence competence
9. Fast Track Arbitration
10. Choice of law as to the law governing the underlying contract.

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