2047875228600O.P. Jindal Global University
2047875228600O.P. Jindal Global University
Jindal Global Law School
End-term Examination
00O.P. Jindal Global University
Jindal Global Law School
End-term Examination
Course Name: Principles and Practice of Arbitration In India
Course Code: L-CM-0011-U
Programme : LLM Trimester Mode
Duration: 1 Week
Maximum Marks: 30 marks
This question paper has (2) printed pages only.
Instructions to students:
This is a take-home examination.
Answer all questions.
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Question 1
Arbitral Process is normally accompanied by certain procedural safeguards such as interim or interlocutory measures that safeguard the interest of parties during the pendency of proceedings. Explain how interim relief can be secured during arbitral proceedings through courts and arbitral tribunal. Also highlight if there are limitations in availing such interim reliefs.
15 marks (do not exceed 2000)
Question 2
Alpha SL, is a manufacturer of fashion apparel and evening gowns, incorporated in France. Genius Pvt Ltd. is a multi-brand apparel retail company incorporated in India. Alpha India Apparels, an Indian Subsidiary of the Alpha SL, and Genius entered into a distributorship agreement on December 15, 2012. Under this agreement, for period of five years from the date of the contract, Genius Inc was appointed as the sole distributor in India of evening gowns manufactured by Alpha SL under its brand name "Amortentia." The contract contained a reference to document containing General Conditions that, inter alia, provided for dispute resolution. The clause read as follows:
All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the LCIA India, by a panel of three arbitrators appointed in accordance with the said Rules.
On 12 January 2014, Genius Inc was informed via e-mail that the exclusivity under the distributorship agreement was being taken away from it and Alpha had appointed its major competitor, Lifestyle, as its other distributor in India, as it was looking to expand sales.
Genius, aggrieved by this step, wrote to Alpha seeking an explanation. When it received no response after repeated requests, it filed a S.8 application before the High Court of Delhi. It inter alia prayed that all entities, i.e. Genius, Alpha SL and Alpha India Apparels be referred to arbitration before the LCIA India. Alpha SL, upon receiving a notice of the S.8 proceedings, filed its response inter alia arguing that since the contract that referred to the General Conditions; was between Genius and Alpha India Apparels, and that since Alpha SL was not a party to this main contract, it could not be referred to arbitration proceedings. Assume that you're the judge hearing this matter. Decide the issue.
15 marks (do not exceed 2000)
