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Arbitration and Conciliation - December 2010

Question Type Question  
Short Arbitration Agreement
Short International Commercial Arbitration
Short Negotiation
Short Lien on arbitral award
Short Role of Conciliation
Short Lok Adalats
Short Additional award
Short Tribunals.
Long What are the advantages and disadvantages of ADR?
Long Explain the grounds on which the arbitral award can be set aside.
Long Explain the powers and functions of Conciliator.
Long Explain the powers and functions of Lok Adalat under Legal Services Authority Act.
Problem There was a contract to purchase palm-oil by Karachi firm from a Singapore seller. The contract included arbitration clause. The Karachi firm contended that the agent who purported to contract on their behalf has no actual or apparent authority to do so. The seller commenced arbitration proceedings. The Karachi party applied for a stay ? Decide.
Problem A partnership deed contained on arbitration clause. A suit was filed by one of the partners against his other partners for misappropriation of partnership moneys and improper retention of the balance. Can the suit be stayed under Sec. 34 of the Arbitration Act ? Decide.
Problem In a contract of carriage of goods by Sea, there was short delivery. The aggrieved party demanded arbitration in terms of contract. Then followed a spate of telegrams without any response from carrier`s side. A suit was instituted. The Carrier then sought stay. Decide.
Problem `A` and `B` appointed `C` as an arbitrator. `C` gave award without giving any reasons. `A` questioned the validity of award. Decide.
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