Alternate Dispute Resolution, Assignments of Law

Download Alternate Dispute Resolution and more Assignments Law in PDF only on Docsity! Assignment for ADR Roll No 1 to 5 will be doing Question No 1 to 5 , Roll No 6 to 10 will be doing questions No 6 to 10 Roll No 11 to 15 will be doing 11 to 15 AND Roll No 16 to 20 will do question no 16 to 20 and then it will be repeated onwards 1. What do you understand by institutional arbitration. 2. What do mean by arbitration agreement? 3. How and when to approach court of appropriate jurisdiction for appointment of an arbitrator. 4. There is an agreement between B and A for sale and purchase of car with an arbitration clause. A apprehends that B may sell the car to third party as B has threatened to do so. When called upon by A to submit before arbitrator B refuses. How will A protect his rights over car. 5. There is an agreement between B and A for sale and purchase of car with an arbitration clause. A apprehends that B may sell the car to third party as B has threatened to do so. A files a suit for declaration of ownership of car and injunction against B that third party right should not be created in respect of the car. Discuss about the maintainability of the suit filed by A and the remedy to be invoked by B? 6. Difference between mediation and conciliation officer? 7. When and under what conditions and provisions you can file an appeal against the order of an Arbitral Tribunal. 8. How shall an arbitral award be executed. 9. What type of orders are appealable orders? 10. How does mediation differ from arbitration. 11. Discuss the powers and jurisdiction of Lok Adalat’s for the settlement of dispute under the Legal Services Authorities Act, 1987.? 12. Explain the Constitution and Jurisdiction of the State Consumer Dispute Redressal Commission under the Consumer Protection Act, 1986.? 13. ‘A’ is appointed as a sole arbitrator by ‘B’ and ‘C’ to settle their dispute. ‘A’ and his wife invested in ‘B’ company. ‘A’ gives verdict in favour of B.C discovers this after two months of the Award. Can ‘C’ ask for setting a side of the award. 14. What is meant by conciliation – Discuss the law relating to appointment and removal of conciliators. Explain the role of conciliator in conciliation proceedings. 15. What is an arbitration – Who can appoint arbitrators – State the required qualifications of the arbitrators. 16. Explain the salient features of the arbitration and Conciliation Act, 1996. 17. Explain various Kinds of arbitration. 18. Discuss the salient features of adversarial and inquisitorial methods. Explain their advantages and disadvantages. Comment. 19. What is Alternate Dispute Resolution System – State its advantages 20. Who cannot be appointed as an Arbitrator as per the Arbitration and Conciliation Act. Q. 11. Discuss the powers and jurisdiction of Lok Adalat’s for the settlement of dispute under the Legal Services Authorities Act, 1987. Introduction: The Legal Services Authorities Act, 1987, introduced Lok Adalat’s as an alternative dispute resolution mechanism in India. Lok Adalat’s are special tribunals empowered to settle disputes outside the formal judicial system. Here is an overview of the powers and jurisdiction of Lok Adalat’s under this Act: 1.Nature and Composition: Lok Adalat are composed of retired judges, legal professionals, and social activists, working as conciliators or mediators. They function as informal forums aimed at resolving disputes amicably. 2. Jurisdiction: Lok Adalat have jurisdiction over both civil and criminal matters, including compoundable offenses under the Indian Penal Code, 1860, and disputes related to public utility services. However, they cannot deal with non-compoundable offenses or those offenses involving serious crimes. 3. Adjudication: The decisions of Lok Adalat are binding on the parties involved in the dispute. Once a settlement is reached, it has the same legal status as a decree passed by a civil court. This provides an expeditious and cost-effective means of resolving disputes. 4. Powers: Lok Adalat have the authority to settle disputes through compromise, reconciliation, or settlement between parties. They can adjudicate on the basis of legal principles, equity, and fair play. The decisions are made with the consent of all parties involved, ensuring voluntary resolution. 5. Applicability: The Act provides for Lok Adalat to handle pre-litigation disputes, pending cases in courts, and matters referred to them by various authorities, including the judiciary, government, or statutory bodies. 6. Procedure: The procedure followed by Lok Adalat is informal and flexible. They are not bound by the procedural laws and rules of evidence applicable to courts. The emphasis is on achieving a fair and just settlement expeditiously. 7. Enforcement: Once a settlement is reached in a Lok Adalat, it is deemed to be a decree of a civil court or a decision of a criminal court. The enforcement mechanisms available for civil decrees or orders are applicable to Lok Adalat settlements. 8. Costs: One of the significant advantages of Lok Adalat is the minimal costs involved in the resolution process. There are no court fees, and parties are not required to engage legal representation. This makes justice accessible to economically weaker sections of society. 9. Confidentiality: Proceedings in Lok Adalat are conducted in a confidential manner. This encourages open communication between parties and facilitates the exploration of mutually acceptable solutions. Conclusion: Overall, the powers and jurisdiction of Lok Adalat under the Legal Services Authorities Act, 1987, provide an effective mechanism for the expeditious and cost-effective resolution of disputes, contributing to the goal of ensuring access to justice for all segments of society. Q 12. Explain the Constitution and Jurisdiction of the State Consumer Dispute Redressal Commission under the Consumer Protection Act, 1986. Introduction: The Consumer Protection Act, 1986, established consumer forums at various levels for the redressal of consumer grievances. Among these forums, the State Consumer Dispute Redressal Commission (SCDRC) is a crucial body with specific constitution and jurisdiction outlined under the Act. Here is an explanation of its constitution and jurisdiction: Role of the Conciliator in Conciliation Proceedings: The conciliator plays several crucial roles in conciliation proceedings: 1. Facilitator of Communication : The conciliator facilitates communication between the parties, helping them to express their concerns and understand each other's perspectives. 2. Neutral Third Party : The conciliator remains neutral throughout the process, refraining from taking sides or imposing solutions. Their role is to assist parties in reaching their own mutually acceptable agreement. 3. Identifying Issues and Interests : The conciliator helps parties identify the key issues in dispute and explore underlying interests and concerns. 4. Generating Options : The conciliator assists parties in generating and evaluating options for settlement, encouraging creative problem-solving and compromise. 5. Drafting Settlement Agreement : If parties reach a settlement, the conciliator may assist them in drafting a settlement agreement that accurately reflects their intentions and resolves the dispute. In summary, conciliation is a voluntary and confidential process facilitated by a neutral conciliator who assists parties in resolving their disputes amicably. The law provides for the appointment and removal of conciliators, ensuring their impartiality and independence, and outlines their role in facilitating communication, exploring settlement options, and drafting settlement agreements. Q 15. What is an arbitration – Who can appoint arbitrators – State the required qualifications of the arbitrators. Introduction: Arbitration is a method of alternative dispute resolution (ADR) where parties to a dispute agree to submit their disagreements to a neutral third party, known as an arbitrator or a panel of arbitrators, instead of going to court. The arbitrator hears the arguments and evidence presented by both sides and then renders a binding decision, called an arbitral award, which resolves the dispute. Who Can Appoint Arbitrators: The parties to a dispute typically have the autonomy to appoint arbitrators. This can be done through various means: 1. Agreement of the Parties: Most commonly, the parties themselves agree on the appointment of arbitrators. This agreement is usually outlined in the arbitration clause of a contract or through a separate arbitration agreement. 2. Designated Authority: In some cases, if the parties fail to agree on the appointment of arbitrators, or if the agreed-upon method fails, the authority to appoint arbitrators may be given to a designated institution or individual, such as an arbitration institution or a court. Required Qualifications of Arbitrators: The qualifications required of arbitrators can vary depending on the jurisdiction, the nature of the dispute, and the preferences of the parties involved. However, certain general qualifications and characteristics are often considered desirable: 1. Impartiality and Independence: Arbitrators must be impartial and independent. They should not have any conflicts of interest that could affect their ability to render a fair and unbiased decision. 2. Legal Knowledge & Expertise: Arbitrators should possess a strong understanding of the relevant laws and legal principles applicable to the dispute. Depending on the nature of the dispute, specialized expertise in a particular field may also be required. 3. Experience: While there may not be strict requirements regarding prior experience, parties often prefer arbitrators who have substantial experience in arbitration or in the specific industry or area of law related to the dispute. 4. Communication & Interpersonal Skills: Effective arbitrators should have strong communication and interpersonal skills, as they need to facilitate the arbitration process, manage the proceedings, and interact with the parties and their representatives. 5. Ethical Standards: Arbitrators are expected to adhere to high ethical standards and act with integrity throughout the arbitration process. 6. Language Skills: Depending on the language(s) used in the arbitration proceedings, arbitrators should have proficiency in those languages to ensure effective communication. Overall, the required qualifications of arbitrators aim to ensure that they are capable of conducting fair, efficient, and effective arbitration proceedings and rendering decisions that are legally sound and enforceable.