ADR Question Paper Pattern- 50 Marks

Practical Exercises (30 marks)

Viva- voce (20marks):

Short Questions	3 Questions for 6 Marks
Long Questions	2 Questions for 16 Marks

Unit-I: Alternate Dispute Resolution Fundamentals

Syllabus: Alternate Dispute Resolution — Characteristics — Advantages and Disadvantages — Unilateral — Bilateral — Triadic (Third Party) Intervention — Techniques and processes — Negotiation — Conciliation — Mediation — Arbitration — Distinction between Arbitration, Conciliation and Negotiation — ADR under different laws in India.

Part A: 6-Mark Questions

1. Advantages of ADR
2. Negotiation
3. Mediation
4. Section 89 of CPC
5. Adhoc Arbitration
6. Tribunals

Part B: 16-Mark Questions

1. What are the different characteristics of Negotiation, Mediation, Conciliation and Arbitration?
2. Distinguish Arbitration from negotiation, mediation and conciliation.
3. Difference between negotiation and conciliation.
4. What are the advantages and disadvantages of arbitration?

Unit-II: The Arbitration and Conciliation Act, 1996 & International Arbitration

Syllabus: The Arbitration and Conciliation Act, 1996 — Historical Background and Objectives of the Act — Arbitration and Conciliation (Amendment) Acts, 2015 — Arbitration and Conciliation Amendment Act, 2019 — Definitions of Arbitration, Arbitrator, Arbitration Agreement — Appointment of Arbitrator — Termination of Arbitrator — Proceedings in Arbitral Tribunal — Termination of Proceedings — Arbitral Award — Setting aside of Arbitral Award — Finality and Enforcement of Award — Appeals — Conciliation — Appointment of Conciliators — Powers and Functions of Conciliator — Procedure — Settlement of disputes through conciliation — Arbitration Council of India (ACI) — International Commercial Arbitration — UNCITRAL Model Law on International Commercial Arbitration, 1985 — Geneva Convention, 1927 — New York Convention, 1958 — Recognition and Enforcement of Foreign Award — UNCITRAL Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation, 2018 — Singapore Convention on Mediation, 2019 — Online Dispute Resolution.

Part A: 6-Mark Questions

1. Arbitrator
2. Powers of Conciliator
3. Setting aside an award
4. Appointment of conciliator
5. Arbitral award
6. Termination of proceeding
7. ODR (Online Dispute Resolution)
8. UNCITRAL
9. Foreign awards
10. Arbitrator’s relationship with the parties

Part B: 16-Mark Questions

1. Explain the role of conciliation in settling a dispute.
2. Explain the procedure for Enforcement of Foreign Arbitral Award under Geneva Convention.
3. Explore the format and substance of an Arbitral Award in detail.
4. What is an Arbitration agreement? Explain the significance and relevancy of an Arbitration agreement.
5. Explain the procedure of settlement of disputes through conciliation.
6. What is the procedure followed to solve a dispute relating to business through arbitration?
7. What are the disqualifications of an arbitrator?
8. What is meant by arbitration? Explain how far the arbitration method is successful in India.
9. When can a person go for conciliation? State the importance of conciliation.
10. What is meant by a foreign award? When and how is a foreign award given?

Unit-III: Other ADR Systems

Syllabus: Other Alternative Dispute Resolution Systems — Tribunals — Lokpal and Lokayukta — Lok Adalats — Family Courts — Commercial Courts — Section 89 and Order X, Rules 1A, 1B and 1C of Civil Procedure Code — ADR and Mediation Rules — Pre-litigation Mediation in India.

Part A: 6-Mark Questions

1. Lok Pal
2. Tribunals

Part B: 16-Mark Questions

1. What is Family Mediation? How successful is family mediation in settling family disputes?
2. What is the importance of a family court in solving a dispute through alternative methods?
3. What is the role played by family courts in solving a dispute through ADR methods?

For Easy OU LLB Semester Exams Preparation, We Sell All-in-One Printed book & Online notes, It will cover

• Notes- Unit-wise All 5th Sem Subjects
• PYQs- Unit Wise All 5th Sem Subjects
• Model Answers to 10 Mark Case Law Questions
• Revision Material for last-minute revision

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