Section- I (20 Marks)
1. Grounds for challenging an arbitral award under various legal systems.
Grounds under various conventions
Setting aside and enforcement refusal of an arbitral award
Process for challenging an arbitral award
2. "International commercial arbitration offers a neutral and flexible alternative to national court litigation for
resolving cross-border disputes. However, the success of this process hinges on a clear understanding
of its essential characteristics." Discuss.
Definition of the word commercial and international and its interpretation
Discuss the advantages and disadvantages of Adhoc and Institutional Arbitration
Role of International Institution
Impact of International Convention
3. "Arbitration agreements are a common feature in commercial contracts, aiming to streamline dispute
resolution. However, enforceability and effectiveness require careful consideration of their formation
and the legal framework". Discuss
Define arbitration agreement, clause and submission agreement
Applicable laws in arbitration
Requirements for the arbitration agreement
4. historical development of International Commercial Arbitration and its role in the global trade.
Historical Development
Advantages and Disadvantages of International Commercial Arbitration
Role of International Convention
Challenges faced by International Commercial Arbitration in India
5. Arbitral Award and Termination of Proceedings
Award, Types of Award
Content and forms of awards S
Termination of proceedings
6. Arbitration Law in India
Historical development
Sec 89 of CPC
Arbitration Act 1996 and its amendments – overview
Section- II (10 Marks)
1. Ad hoc and Institutional Arbitration.
Institutional Arbitration
Adhoc Arbitration
2. International commercial arbitration aims for a clear and final resolution of disputes"
Define Award and Order
Categories of Award
3. Emerging or contemporary issues that are currently shaping the practice of international commercial
arbitration
Identification and Definition
Impact of the issue
Solution or approaches
4. India has a rich history of arbitration, but its modern legal framework is relatively recent. Discuss
Historical context and Arbitration Act, 1940
Arbitration and Conciliation Act, 1996
Recent Amendments
5. Role of Court in Arbitration process
Court Intervention
Interim measures
Setting aside the award
6. Party autonomy
Key elements of commencing an arbitration and the process of presentation and hearings
Party autonomy
7. Essential characteristics of ICA
8. Geneva and New York Convention
9. Arbitral Tribunal
