Name:
Enrolment No:
UNIVERSITY OF PETROLEUM AND ENERGY STUDIES
End Semester Examination, DEC 2020
Course: Arbitration and Conciliation Act and ADR Semester: VII
Program: [Link].B(H),[Link] LL.B(H), BA LL.B(H) Time: 03 hrs.
Course Code: CLCC 5004 Max. Marks: 100
Instructions: All questions are compulsory.
S. No. SECTION-A
1. Each Question will carry 5 Marks Marks CO
2. Instruction: Write answers within 100 words
Q1 Explain the concept and importance of “party autonomy” under Arbitration CO1
5
Agreement.
Q2 Define Pre deposit clause, stating the present applicability of the same in arbitration CO1
agreement. 5
Q3 Define Interim Award as part of Arbitral Award. 5 CO1
Q4 Provide the meaning of “Court” for International Commercial Arbitration, Domestic CO1
5
Arbitration and Foreign Arbitration.
Q5 State conditions for enforcement of foreign awards according to New York CO1
5
Convention Awards.
Q6 State the different interim measures that can be provided by the court according to Part CO1
5
I of the Arbitration and Conciliation Act.
SECTION-B
1. Each question will carry 10 marks
2. Instruction: Write short / brief notes
Q7 Which according to you is the best mode of alternate dispute resolution Method
among Negotiation, Mediation, Conciliation and Arbitration. Explain stating reasons. 10 CO2
Q8 In an attempt to make arbitration a preferred mode of settlement of commercial disputes and CO2
making India a hub of international commercial arbitration, the 2015 amendments were
brought in”
In the light of the statement critically examine the Major changes introduced by Arbitration 10
and Conciliation (Amendment Act 2015).
Q9 Explain the process of appointment of arbitrators as per Section 10 and 11 of CO2
10
Arbitration & Conciliation Act 1996.
Q.10 Arbitration & Conciliation (Amendment Act), 2019 made certain changes in Section CO3
17 of the 1996 act with regard to interim relief granted by arbitral tribunal. Kindly
10
shed some light on these specific amendment brought forth with reference to section
9 of the Act and why this amendment was warranted.
Q.11 Arbitration Tribunal is not bound by Civil Procedure Code or India Evidence Act. C03
10
Comment stating how the arbitral proceedings are regulated.
SECTION-C
[Link] Questions carries 20 Marks
[Link] Long Answers
Q12 The Appellant entered into a contract with the 1st Respondent on 9th May, 1997. This
contract contained an arbitration clause which provided that arbitration was to be as
per the rules of the International Chamber of Commerce (for short ICC).
On 23rd October, 1997 the 1st Respondent filed a request for arbitration with ICC.
Parties agreed that the arbitration be held in Paris, France. ICC has appointed a sole
arbitrator.
1st Respondent filed an application under Section 9 of the Arbitration
and Conciliation Act, 1996 (hereinafter called the said Act) before the III rd Additional
District Judge, Indore, M.P. against the Appellant and the 2nd Respondent.
One of the interim reliefs sought was an order of injunction restraining these parties
20 CO4
from alienating, transferring and/or creating third party right, disposing of, dealing
with and/or selling their business assets and properties.
The Appellant raised the plea of maintainability of such an application. The Appellant
contended that Part I of the said Act would not apply to arbitrations where the place
of arbitration is not in India.
This application was dismissed by the IIIrd Additional District Judge on 1st February,
2000. It was held that the Court at Indore had jurisdiction and the application was
maintainable. The Appellant filed a Writ Petition before the High Court of Madhya
Pradesh, Indore Bench. The said Writ Petition has been dismissed by the impugned
Judgment dated 10th October, 2000.
Decide the issues and justify your answer with appropriate legislative and judicial
developments.
OR
The dispute arose because the respondent failed to make the payment towards
petitioner’s services after the commonwealth games. The petitioner tried to resolve the
dispute in accordance with the procedure mentioned in clause 34 of their agreement
but the respondent denied the payment and when petitioner filed petition under section
11 of the act, the respondent contended that the amount is not payable as the petitioner
has violated clauses 29, 30 & 34 of the agreement as the petitioner has engaged in
corrupt practices on the basis of complaint bearing, CC no. 22 of 2011 u/s 120B, 420,
427, 488 and 477 IPC R/w Ss 13(1)(d) and 13(2) of the PC Act, registered against it.
The main contention of the defendant was that since a complaint case has been filed
against petitioner for corruption, hence the reference of dispute to arbitration is not
tenable.
Further, the respondent tried to contend that since the allegations of corruption is
levied on the petitioner, which is in contravention to the representations and warranties
undertaken by the petitioner in the contract, the contract becomes void ab initio and
hence the arbitration clause dies then and there.
Decide the issues and justify your answer with appropriate legislative and judicial
developments.
