International Commercial Arbitration Blended LL.M. Programme

Instructions:

This question paper consists of two parts. Under part 1, students need to answer 2 out of 5 questions. 

Under part 2, students need to answer 1 out of 3 questions.

The word limit for each question under part 1 is 750 words.

The word limit for the question under part 2 is 1000 words.

The total word limit for the paperis 2500 words. (The word count excludes footnotes)

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 formatAll submissions must be made through the UMS platform.

All deadlines need to be strictly adhered to, as per the policy laid out under the Blended LL.M. Student Manual.

PART I

Attempt any 2. Each question under this part carries 10 marks (Total: 20 marks)

1. How does the interplay between international treaty obligations (e.g., New York Convention) and domestic legislation (e.g., specific challenge grounds in the Indian Arbitration Act) determine the governing law for the enforceability of an international arbitration agreement when its validity is contested?

2. Critically analyze the rationale behind the separability doctrine and presumptive validity of arbitration agreements in international commercial arbitration. Discuss potential limitations to these doctrines and how they might be addressed in complex multi-contract disputes.

3. In the context of international commercial arbitration, critically evaluate the continued effectiveness of the "public policy" exception under Part II of the Indian Arbitration Act for enforcement of foreign awards, considering post-Renusagar case developments and the potential for a more nuanced interpretation.

4. Conduct a comparative analysis of institutional arbitration (e.g., ICC, LCIA) and ad hoc arbitration in international commercial disputes. Consider factors like cost efficiency, expertise of arbitrators, flexibility in procedure rules, and potential for institutional bias.

5. Beyond the usual benefits, explore the specific advantages of international commercial arbitration in resolving disputes involving emerging technologies (e.g., blockchain, artificial intelligence) and their unique legal and technical complexities.

PART II

Attempt any 1. Each question under this part carries 15 marks. Your answer should not exceed 1500 words. (Total: 15 marks)

1. Critically evaluate the statement “Every arbitration is a national arbitration.” Discuss the concept of lex arbitri and its role in creating a de-nationalized space for international commercial arbitration. Explore the tension between the lex arbitri and the underlying national legal system, particularly regarding procedural and public policy concerns.

2. Following Article II of the New York Convention, analyze the development of the concept of"arbitrability" under Indian law. Discuss the challenges in arbitrating disputes traditionally considered non-arbitrable in India, and explore potential solutions for expanding the scope of arbitrability to better align with international trends.

3. In your role as an advisor, delve deeper into the factors to consider when recommending a dispute settlement clause for the consortium between the foreign and Indian companies. Analyze the pros and cons of domestic arbitration vs. international arbitration, considering aspects like:

• Expertise of arbitrators.
• Efficiency and cost implications of each option.
• Enforceability of the award in different jurisdictions.
• Potential for confidentiality in the chosen forum.

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