Internal Assessment II International Commercial Arbitration
Internal Assessment II International Commercial Arbitration
Blended LL.M. Programme
Total Marks: 35 1 April 2024
Instructions:
The word limit for each question is 700 words. The total word limit for the paper is 3500 words.
The font used should be Times New Roman size 12 for the main text and size 10 for the footnotes (if any). Please use 1.15 line spacing for your answer.
Students must upload their answer scripts in .doc or .docx format All submissions must be made through the UMS platform.
The deadline for submission is 10 April 2024. All deadlines need to be strictly adhered to, as per the policy laid out under the Blended LL.M. Student Manual.
Attempt any 5 questions.
Each question under carries 7 marks (Total: 35 marks)
Q.1 In the context of international commercial arbitration, explore the nuanced distinctions between preliminary orders and interim relief. Discuss their respective purposes, timing, and impact on the arbitral process. Consider practical scenarios where each mechanism is employed.
Q. 2 Can aninternational arbitral tribunalpermissibly apply to the dispute before it alaw not chosen by the parties, either in lieu or in addition to the chosen law? Analyze the implications of such an approach, considering conflicts of law, party autonomy, and the tribunals discretion.
Q. 3 Briefly discuss thesources of powervested in anarbitral tribunalwithin the context ofInternational Commercial Arbitration (ICA). Additionally, explore therole of national legal systemsin conferring adjudicatory powers upon arbitral tribunals. Consider relevant treaty provisions and judicial decisions.
Q. 4What are thelimitations on an arbitral tribunals powerwhen grantingprovisional reliefin anICA? Delve into the legal boundaries and practical considerations that guide tribunals when issuing interim measures. Consider the delicate balance between preserving parties rights and avoiding undue interference.
Q. 5In whatspecific cases or situationsmightpartial awardsbe issued by anarbitral tribunalin anICA? Further, analyze whetherpartial awardsareenforceable under Article Vof theNew York Convention. Explore the impact of partial awards on the overall arbitral process and their recognition in international enforcement.
Q. 6Can a tribunalsfailure to comply with the parties agreement on arbitral procedurelead toannulment of the resulting awardordenial of its recognition or enforcement? Investigate the consequences of procedural deviations, including potential challenges to the validity of the award.
Q. 7Cantwo Indian partiesengage in aforeign arbitration? Provide a comprehensive analysis, considering Indian jurisprudence, legislative developments, and any recent landmark cases that address this issue.
Q. 8 Areemergency arbitrator awardsrendered byforeign-seated tribunalsenforceable underIndian law? Explore the legal basis for enforcing such awards, potential challenges, and the impact on parties involved in international commercial disputes.
