Name. Roll No..

The National Law Institute University, Bhopal

End Term Examination, December-2014
LL.M II Trimester
International Commercial Arbitration
Maximum Marks: 80 Time-3.00 Hours
Instructions:
1. Answer any FOUR questions.
2. All questions carry equal marks.
3..Answer to question No.1 and No.2 is compulsory.

I.(A).Choose the most appropriate answer from the options given.

1.The New York Convention for the recognition of Foreign Awards came into existence in
the year
(a) 1948 (b) 1960
(c ) 1970 (d) 1968
2. Sec.89 of CPC has to be read with
(a) Rule 1A of Order 10 (b) Rule 2A of Order 10
(c) Rule 11 A of Order 10 (d) Rule 10 of Order 1A
3. According to Global Survey conducted by the Queen Mary College, London University,
the most preferred law for International Commercial Arbitration by the parties is
(a) Singapore Law (b) English Law
(c) New York Law (d) Indian Law
4. Where the arbitral tribunal considers the request of the parties it shall make additional
award within
(a) thirty days (b) sixty days
(c) 15 days (d) forty five days
5.If the court is satisfied that the applicant was prevented by sufficient cause for making an
application for challenging the award within the stipulated time, it may entertain the
application within a further period of
(a) thirty days (b) fifteen days
(c ) forty five days (d) sixty days

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6. According to Justice R.V.Raveendran if Sec.89 is to be followed as it is, for a trial judge it
would be a
(a) an enriching experience (b) nightmare
(c) pleasant dream (d) an impossible task
7. The United Nations Commission on International Trade Law (UNCITRAL) adopted the
Model on International Commercial Arbitration in the year
(a) 1985 (b) 1995
(c) 1991 (d) 1993
8. Arbitration agreement means an agreement between parties to submit to arbitration all
are certain disputes which have arisen between them out of
(a) relationships (b) contractual relationships
(c ) relationships contractual (d) relationships contractual or not.
9. An arbitration agreement is deemed to be in writing if it is contained in
(a) letters, telegram, emails (b) letters, telegram, emails, telex
(c ) letters, telegram, telex (d) anything which provide record of the agreement
10. Interim measure may be given by court
(a) before arbitral proceedings
(b) at any time before or during arbitral proceedings
(c) before or during arbitral proceedings or at any time after making arbitral award
(d) before or during arbitral proceedings or at any time after making arbitral award but before
it being enforced.
11. The number of arbitrators of the arbitral tribunal shall be
(a) One only (b) two only
(c ) not to be in even number (d) any number
12.The party may move the court for the appointment of an arbitrator if the other party fails
to respond to the request within
(a) 15 days (b) 30 days
(c ) 45 days (d) 60 days
13.The court may appoint the third arbitrator if the two arbitrators fail to agree for the
appointment of third arbitrator within
(a) 15 days (b) 30 days
(c ) 45 days (d) 60 days

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14.A party intends to challenge the appointment of an arbitrator shall challenge after
becoming aware of the constitution of the arbitral tribunal within
(a) 15 days (b) 30 days
(c ) 45 days (d) 60 days
15. The most preferred and widely used arbitration institution is
(a) London Court of International Arbitration (LCIA)
(b) International Chamber of Commerce(ICC)
(c ) Dubai International Arbitration Centre (DIAC)
(d) Cairo Regional Centre for International Arbitration (CRCICA)

I.(B). State whether the following statements are True or False.

16. Domestic Award under Part-I includes Award made in India between a Foreign Company
and an Indian Company.
17. Today Part- I is not applicable to International commercial arbitration if arbitration is held
in India.
18. The award of International Commercial Arbitration made under Part-I is a domestic
award.
19. A person of any nationality may be an arbitrator, unless otherwise agreed by the parties.
20. The Arbitrationa Tribunal may rule on its own jurisdiction.
Q.No.II British Opticals (UK) Ltd., London entered into an agreement with HAL Ltd.,
Benguluru on 10th December 2010 for the supply of certain opticals worth BP 1.5 million, to
be used for DRDO Projecs. The arbitration clause says that in case of any disputes the
matters shall be referred to the Sole Arbitrator who shall be either the Managing Director of
HAL Ltd., or an officer nominated by him. British Opticals Ltd., London supplied the
consignment as per the stipulations and HAL Ltd., received without any complaints.
However, HAL Ltd., denied payment of the goods worth BP 1.5 million as per the directions
of the Ministry of Defense, Govt. of India. The British Company filed application u/s11 for
the appointment of the arbitrator, other than the one named in the agreement. The HAL made
appearance and pleaded for the appointment as per the agreement. Decide the matter and
support your answer with relevant judicial decisions.
Q.No.III. Explain the relevant legal provisions, issues and reasons for ruling of the court in
Indowind Energy Ltd., Vs. Wescare (I) Ltd., and anr.(SC 2010)
Q.No.IV. The decision of the Supreme Court in Balco case (2012) has contributed for
creating a positive environment for International Commercial Arbitration in India-Discuss.
Q.No.V. The formalities like stamps, affidavits and ID proof are not essential for a valid
arbitration agreement. Explain the statement with the help of legal provisions and case law.

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