KSLU ADR Problem Questions & Answers (Exam

Preparation Booklet)

Based on Arbitration and Conciliation Act, 1996 and

Facts: A dispute arises between two contracting parties regarding performance of a commercial
agreement. One party alleges breach of contract while the other relies on an arbitration clause
contained in the agreement.

Relevant Law: The provisions of the Arbitration and Conciliation Act, 1996 apply. Important
sections include Section 7 (Arbitration Agreement), Section 11 (Appointment of Arbitrators), Section
12–13 (Challenge to Arbitrator), Section 18 (Equal Treatment of Parties), Section 34 (Setting Aside
Arbitral Award) and Section 36 (Enforcement of Award).

Application: In arbitration matters, courts generally respect the arbitration agreement and
encourage resolution of disputes through ADR. If procedural fairness, independence of arbitrator,
and opportunity to present the case are maintained, the arbitral proceedings remain valid.

Conclusion: Depending on the specific facts, the court may either refer the parties to arbitration,
appoint an arbitrator, or set aside the award if statutory grounds are established.
Problem Question 2

Facts: A dispute arises between two contracting parties regarding performance of a commercial
agreement. One party alleges breach of contract while the other relies on an arbitration clause
contained in the agreement.

Relevant Law: The provisions of the Arbitration and Conciliation Act, 1996 apply. Important
sections include Section 7 (Arbitration Agreement), Section 11 (Appointment of Arbitrators), Section
12–13 (Challenge to Arbitrator), Section 18 (Equal Treatment of Parties), Section 34 (Setting Aside
Arbitral Award) and Section 36 (Enforcement of Award).

Application: In arbitration matters, courts generally respect the arbitration agreement and
encourage resolution of disputes through ADR. If procedural fairness, independence of arbitrator,
and opportunity to present the case are maintained, the arbitral proceedings remain valid.

Conclusion: Depending on the specific facts, the court may either refer the parties to arbitration,
appoint an arbitrator, or set aside the award if statutory grounds are established.
Problem Question 3

Facts: A dispute arises between two contracting parties regarding performance of a commercial
agreement. One party alleges breach of contract while the other relies on an arbitration clause
contained in the agreement.

Relevant Law: The provisions of the Arbitration and Conciliation Act, 1996 apply. Important
sections include Section 7 (Arbitration Agreement), Section 11 (Appointment of Arbitrators), Section
12–13 (Challenge to Arbitrator), Section 18 (Equal Treatment of Parties), Section 34 (Setting Aside
Arbitral Award) and Section 36 (Enforcement of Award).

Application: In arbitration matters, courts generally respect the arbitration agreement and
encourage resolution of disputes through ADR. If procedural fairness, independence of arbitrator,
and opportunity to present the case are maintained, the arbitral proceedings remain valid.

Conclusion: Depending on the specific facts, the court may either refer the parties to arbitration,
appoint an arbitrator, or set aside the award if statutory grounds are established.
Problem Question 4

Facts: A dispute arises between two contracting parties regarding performance of a commercial
agreement. One party alleges breach of contract while the other relies on an arbitration clause
contained in the agreement.

Relevant Law: The provisions of the Arbitration and Conciliation Act, 1996 apply. Important
sections include Section 7 (Arbitration Agreement), Section 11 (Appointment of Arbitrators), Section
12–13 (Challenge to Arbitrator), Section 18 (Equal Treatment of Parties), Section 34 (Setting Aside
Arbitral Award) and Section 36 (Enforcement of Award).

Application: In arbitration matters, courts generally respect the arbitration agreement and
encourage resolution of disputes through ADR. If procedural fairness, independence of arbitrator,
and opportunity to present the case are maintained, the arbitral proceedings remain valid.

Conclusion: Depending on the specific facts, the court may either refer the parties to arbitration,
appoint an arbitrator, or set aside the award if statutory grounds are established.
Problem Question 5

Facts: A dispute arises between two contracting parties regarding performance of a commercial
agreement. One party alleges breach of contract while the other relies on an arbitration clause
contained in the agreement.

Relevant Law: The provisions of the Arbitration and Conciliation Act, 1996 apply. Important
sections include Section 7 (Arbitration Agreement), Section 11 (Appointment of Arbitrators), Section
12–13 (Challenge to Arbitrator), Section 18 (Equal Treatment of Parties), Section 34 (Setting Aside
Arbitral Award) and Section 36 (Enforcement of Award).

Application: In arbitration matters, courts generally respect the arbitration agreement and
encourage resolution of disputes through ADR. If procedural fairness, independence of arbitrator,
and opportunity to present the case are maintained, the arbitral proceedings remain valid.

Conclusion: Depending on the specific facts, the court may either refer the parties to arbitration,
appoint an arbitrator, or set aside the award if statutory grounds are established.
Problem Question 6

Facts: A dispute arises between two contracting parties regarding performance of a commercial
agreement. One party alleges breach of contract while the other relies on an arbitration clause
contained in the agreement.

Relevant Law: The provisions of the Arbitration and Conciliation Act, 1996 apply. Important
sections include Section 7 (Arbitration Agreement), Section 11 (Appointment of Arbitrators), Section
12–13 (Challenge to Arbitrator), Section 18 (Equal Treatment of Parties), Section 34 (Setting Aside
Arbitral Award) and Section 36 (Enforcement of Award).

Application: In arbitration matters, courts generally respect the arbitration agreement and
encourage resolution of disputes through ADR. If procedural fairness, independence of arbitrator,
and opportunity to present the case are maintained, the arbitral proceedings remain valid.

Conclusion: Depending on the specific facts, the court may either refer the parties to arbitration,
appoint an arbitrator, or set aside the award if statutory grounds are established.
Problem Question 7

Facts: A dispute arises between two contracting parties regarding performance of a commercial
agreement. One party alleges breach of contract while the other relies on an arbitration clause
contained in the agreement.

Relevant Law: The provisions of the Arbitration and Conciliation Act, 1996 apply. Important
sections include Section 7 (Arbitration Agreement), Section 11 (Appointment of Arbitrators), Section
12–13 (Challenge to Arbitrator), Section 18 (Equal Treatment of Parties), Section 34 (Setting Aside
Arbitral Award) and Section 36 (Enforcement of Award).

Application: In arbitration matters, courts generally respect the arbitration agreement and
encourage resolution of disputes through ADR. If procedural fairness, independence of arbitrator,
and opportunity to present the case are maintained, the arbitral proceedings remain valid.

Conclusion: Depending on the specific facts, the court may either refer the parties to arbitration,
appoint an arbitrator, or set aside the award if statutory grounds are established.
Problem Question 8

Facts: A dispute arises between two contracting parties regarding performance of a commercial
agreement. One party alleges breach of contract while the other relies on an arbitration clause
contained in the agreement.

Relevant Law: The provisions of the Arbitration and Conciliation Act, 1996 apply. Important
sections include Section 7 (Arbitration Agreement), Section 11 (Appointment of Arbitrators), Section
12–13 (Challenge to Arbitrator), Section 18 (Equal Treatment of Parties), Section 34 (Setting Aside
Arbitral Award) and Section 36 (Enforcement of Award).

Application: In arbitration matters, courts generally respect the arbitration agreement and
encourage resolution of disputes through ADR. If procedural fairness, independence of arbitrator,
and opportunity to present the case are maintained, the arbitral proceedings remain valid.

Conclusion: Depending on the specific facts, the court may either refer the parties to arbitration,
appoint an arbitrator, or set aside the award if statutory grounds are established.
Problem Question 9

Facts: A dispute arises between two contracting parties regarding performance of a commercial
agreement. One party alleges breach of contract while the other relies on an arbitration clause
contained in the agreement.

Relevant Law: The provisions of the Arbitration and Conciliation Act, 1996 apply. Important
sections include Section 7 (Arbitration Agreement), Section 11 (Appointment of Arbitrators), Section
12–13 (Challenge to Arbitrator), Section 18 (Equal Treatment of Parties), Section 34 (Setting Aside
Arbitral Award) and Section 36 (Enforcement of Award).

Application: In arbitration matters, courts generally respect the arbitration agreement and
encourage resolution of disputes through ADR. If procedural fairness, independence of arbitrator,
and opportunity to present the case are maintained, the arbitral proceedings remain valid.

Conclusion: Depending on the specific facts, the court may either refer the parties to arbitration,
appoint an arbitrator, or set aside the award if statutory grounds are established.
Problem Question 10

Facts: A dispute arises between two contracting parties regarding performance of a commercial
agreement. One party alleges breach of contract while the other relies on an arbitration clause
contained in the agreement.

Relevant Law: The provisions of the Arbitration and Conciliation Act, 1996 apply. Important
sections include Section 7 (Arbitration Agreement), Section 11 (Appointment of Arbitrators), Section
12–13 (Challenge to Arbitrator), Section 18 (Equal Treatment of Parties), Section 34 (Setting Aside
Arbitral Award) and Section 36 (Enforcement of Award).

Application: In arbitration matters, courts generally respect the arbitration agreement and
encourage resolution of disputes through ADR. If procedural fairness, independence of arbitrator,
and opportunity to present the case are maintained, the arbitral proceedings remain valid.

Conclusion: Depending on the specific facts, the court may either refer the parties to arbitration,
appoint an arbitrator, or set aside the award if statutory grounds are established.
Problem Question 11

Facts: A dispute arises between two contracting parties regarding performance of a commercial
agreement. One party alleges breach of contract while the other relies on an arbitration clause
contained in the agreement.

Relevant Law: The provisions of the Arbitration and Conciliation Act, 1996 apply. Important
sections include Section 7 (Arbitration Agreement), Section 11 (Appointment of Arbitrators), Section
12–13 (Challenge to Arbitrator), Section 18 (Equal Treatment of Parties), Section 34 (Setting Aside
Arbitral Award) and Section 36 (Enforcement of Award).

Application: In arbitration matters, courts generally respect the arbitration agreement and
encourage resolution of disputes through ADR. If procedural fairness, independence of arbitrator,
and opportunity to present the case are maintained, the arbitral proceedings remain valid.

Conclusion: Depending on the specific facts, the court may either refer the parties to arbitration,
appoint an arbitrator, or set aside the award if statutory grounds are established.
Problem Question 12

Facts: A dispute arises between two contracting parties regarding performance of a commercial
agreement. One party alleges breach of contract while the other relies on an arbitration clause
contained in the agreement.

Relevant Law: The provisions of the Arbitration and Conciliation Act, 1996 apply. Important
sections include Section 7 (Arbitration Agreement), Section 11 (Appointment of Arbitrators), Section
12–13 (Challenge to Arbitrator), Section 18 (Equal Treatment of Parties), Section 34 (Setting Aside
Arbitral Award) and Section 36 (Enforcement of Award).

Application: In arbitration matters, courts generally respect the arbitration agreement and
encourage resolution of disputes through ADR. If procedural fairness, independence of arbitrator,
and opportunity to present the case are maintained, the arbitral proceedings remain valid.

Conclusion: Depending on the specific facts, the court may either refer the parties to arbitration,
appoint an arbitrator, or set aside the award if statutory grounds are established.
Problem Question 13

Facts: A dispute arises between two contracting parties regarding performance of a commercial
agreement. One party alleges breach of contract while the other relies on an arbitration clause
contained in the agreement.

Relevant Law: The provisions of the Arbitration and Conciliation Act, 1996 apply. Important
sections include Section 7 (Arbitration Agreement), Section 11 (Appointment of Arbitrators), Section
12–13 (Challenge to Arbitrator), Section 18 (Equal Treatment of Parties), Section 34 (Setting Aside
Arbitral Award) and Section 36 (Enforcement of Award).

Application: In arbitration matters, courts generally respect the arbitration agreement and
encourage resolution of disputes through ADR. If procedural fairness, independence of arbitrator,
and opportunity to present the case are maintained, the arbitral proceedings remain valid.

Conclusion: Depending on the specific facts, the court may either refer the parties to arbitration,
appoint an arbitrator, or set aside the award if statutory grounds are established.
Problem Question 14

Facts: A dispute arises between two contracting parties regarding performance of a commercial
agreement. One party alleges breach of contract while the other relies on an arbitration clause
contained in the agreement.

Relevant Law: The provisions of the Arbitration and Conciliation Act, 1996 apply. Important
sections include Section 7 (Arbitration Agreement), Section 11 (Appointment of Arbitrators), Section
12–13 (Challenge to Arbitrator), Section 18 (Equal Treatment of Parties), Section 34 (Setting Aside
Arbitral Award) and Section 36 (Enforcement of Award).

Application: In arbitration matters, courts generally respect the arbitration agreement and
encourage resolution of disputes through ADR. If procedural fairness, independence of arbitrator,
and opportunity to present the case are maintained, the arbitral proceedings remain valid.

Conclusion: Depending on the specific facts, the court may either refer the parties to arbitration,
appoint an arbitrator, or set aside the award if statutory grounds are established.
Problem Question 15

Facts: A dispute arises between two contracting parties regarding performance of a commercial
agreement. One party alleges breach of contract while the other relies on an arbitration clause
contained in the agreement.

Relevant Law: The provisions of the Arbitration and Conciliation Act, 1996 apply. Important
sections include Section 7 (Arbitration Agreement), Section 11 (Appointment of Arbitrators), Section
12–13 (Challenge to Arbitrator), Section 18 (Equal Treatment of Parties), Section 34 (Setting Aside
Arbitral Award) and Section 36 (Enforcement of Award).

Application: In arbitration matters, courts generally respect the arbitration agreement and
encourage resolution of disputes through ADR. If procedural fairness, independence of arbitrator,
and opportunity to present the case are maintained, the arbitral proceedings remain valid.

Conclusion: Depending on the specific facts, the court may either refer the parties to arbitration,
appoint an arbitrator, or set aside the award if statutory grounds are established.
Problem Question 16

Facts: A dispute arises between two contracting parties regarding performance of a commercial
agreement. One party alleges breach of contract while the other relies on an arbitration clause
contained in the agreement.

Relevant Law: The provisions of the Arbitration and Conciliation Act, 1996 apply. Important
sections include Section 7 (Arbitration Agreement), Section 11 (Appointment of Arbitrators), Section
12–13 (Challenge to Arbitrator), Section 18 (Equal Treatment of Parties), Section 34 (Setting Aside
Arbitral Award) and Section 36 (Enforcement of Award).

Application: In arbitration matters, courts generally respect the arbitration agreement and
encourage resolution of disputes through ADR. If procedural fairness, independence of arbitrator,
and opportunity to present the case are maintained, the arbitral proceedings remain valid.

Conclusion: Depending on the specific facts, the court may either refer the parties to arbitration,
appoint an arbitrator, or set aside the award if statutory grounds are established.
Problem Question 17

Facts: A dispute arises between two contracting parties regarding performance of a commercial
agreement. One party alleges breach of contract while the other relies on an arbitration clause
contained in the agreement.

Relevant Law: The provisions of the Arbitration and Conciliation Act, 1996 apply. Important
sections include Section 7 (Arbitration Agreement), Section 11 (Appointment of Arbitrators), Section
12–13 (Challenge to Arbitrator), Section 18 (Equal Treatment of Parties), Section 34 (Setting Aside
Arbitral Award) and Section 36 (Enforcement of Award).

Application: In arbitration matters, courts generally respect the arbitration agreement and
encourage resolution of disputes through ADR. If procedural fairness, independence of arbitrator,
and opportunity to present the case are maintained, the arbitral proceedings remain valid.

Conclusion: Depending on the specific facts, the court may either refer the parties to arbitration,
appoint an arbitrator, or set aside the award if statutory grounds are established.
Problem Question 18

Facts: A dispute arises between two contracting parties regarding performance of a commercial
agreement. One party alleges breach of contract while the other relies on an arbitration clause
contained in the agreement.

Relevant Law: The provisions of the Arbitration and Conciliation Act, 1996 apply. Important
sections include Section 7 (Arbitration Agreement), Section 11 (Appointment of Arbitrators), Section
12–13 (Challenge to Arbitrator), Section 18 (Equal Treatment of Parties), Section 34 (Setting Aside
Arbitral Award) and Section 36 (Enforcement of Award).

Application: In arbitration matters, courts generally respect the arbitration agreement and
encourage resolution of disputes through ADR. If procedural fairness, independence of arbitrator,
and opportunity to present the case are maintained, the arbitral proceedings remain valid.

Conclusion: Depending on the specific facts, the court may either refer the parties to arbitration,
appoint an arbitrator, or set aside the award if statutory grounds are established.
Problem Question 19

Facts: A dispute arises between two contracting parties regarding performance of a commercial
agreement. One party alleges breach of contract while the other relies on an arbitration clause
contained in the agreement.

Relevant Law: The provisions of the Arbitration and Conciliation Act, 1996 apply. Important
sections include Section 7 (Arbitration Agreement), Section 11 (Appointment of Arbitrators), Section
12–13 (Challenge to Arbitrator), Section 18 (Equal Treatment of Parties), Section 34 (Setting Aside
Arbitral Award) and Section 36 (Enforcement of Award).

Application: In arbitration matters, courts generally respect the arbitration agreement and
encourage resolution of disputes through ADR. If procedural fairness, independence of arbitrator,
and opportunity to present the case are maintained, the arbitral proceedings remain valid.

Conclusion: Depending on the specific facts, the court may either refer the parties to arbitration,
appoint an arbitrator, or set aside the award if statutory grounds are established.
Problem Question 20

Facts: A dispute arises between two contracting parties regarding performance of a commercial
agreement. One party alleges breach of contract while the other relies on an arbitration clause
contained in the agreement.

Relevant Law: The provisions of the Arbitration and Conciliation Act, 1996 apply. Important
sections include Section 7 (Arbitration Agreement), Section 11 (Appointment of Arbitrators), Section
12–13 (Challenge to Arbitrator), Section 18 (Equal Treatment of Parties), Section 34 (Setting Aside
Arbitral Award) and Section 36 (Enforcement of Award).

Application: In arbitration matters, courts generally respect the arbitration agreement and
encourage resolution of disputes through ADR. If procedural fairness, independence of arbitrator,
and opportunity to present the case are maintained, the arbitral proceedings remain valid.

Conclusion: Depending on the specific facts, the court may either refer the parties to arbitration,
appoint an arbitrator, or set aside the award if statutory grounds are established.
Problem Question 21

Facts: A dispute arises between two contracting parties regarding performance of a commercial
agreement. One party alleges breach of contract while the other relies on an arbitration clause
contained in the agreement.

Relevant Law: The provisions of the Arbitration and Conciliation Act, 1996 apply. Important
sections include Section 7 (Arbitration Agreement), Section 11 (Appointment of Arbitrators), Section
12–13 (Challenge to Arbitrator), Section 18 (Equal Treatment of Parties), Section 34 (Setting Aside
Arbitral Award) and Section 36 (Enforcement of Award).

Application: In arbitration matters, courts generally respect the arbitration agreement and
encourage resolution of disputes through ADR. If procedural fairness, independence of arbitrator,
and opportunity to present the case are maintained, the arbitral proceedings remain valid.

Conclusion: Depending on the specific facts, the court may either refer the parties to arbitration,
appoint an arbitrator, or set aside the award if statutory grounds are established.
Problem Question 22

Facts: A dispute arises between two contracting parties regarding performance of a commercial
agreement. One party alleges breach of contract while the other relies on an arbitration clause
contained in the agreement.

Relevant Law: The provisions of the Arbitration and Conciliation Act, 1996 apply. Important
sections include Section 7 (Arbitration Agreement), Section 11 (Appointment of Arbitrators), Section
12–13 (Challenge to Arbitrator), Section 18 (Equal Treatment of Parties), Section 34 (Setting Aside
Arbitral Award) and Section 36 (Enforcement of Award).

Application: In arbitration matters, courts generally respect the arbitration agreement and
encourage resolution of disputes through ADR. If procedural fairness, independence of arbitrator,
and opportunity to present the case are maintained, the arbitral proceedings remain valid.

Conclusion: Depending on the specific facts, the court may either refer the parties to arbitration,
appoint an arbitrator, or set aside the award if statutory grounds are established.
Problem Question 23

Facts: A dispute arises between two contracting parties regarding performance of a commercial
agreement. One party alleges breach of contract while the other relies on an arbitration clause
contained in the agreement.

Relevant Law: The provisions of the Arbitration and Conciliation Act, 1996 apply. Important
sections include Section 7 (Arbitration Agreement), Section 11 (Appointment of Arbitrators), Section
12–13 (Challenge to Arbitrator), Section 18 (Equal Treatment of Parties), Section 34 (Setting Aside
Arbitral Award) and Section 36 (Enforcement of Award).

Application: In arbitration matters, courts generally respect the arbitration agreement and
encourage resolution of disputes through ADR. If procedural fairness, independence of arbitrator,
and opportunity to present the case are maintained, the arbitral proceedings remain valid.

Conclusion: Depending on the specific facts, the court may either refer the parties to arbitration,
appoint an arbitrator, or set aside the award if statutory grounds are established.
Problem Question 24

Facts: A dispute arises between two contracting parties regarding performance of a commercial
agreement. One party alleges breach of contract while the other relies on an arbitration clause
contained in the agreement.

Relevant Law: The provisions of the Arbitration and Conciliation Act, 1996 apply. Important
sections include Section 7 (Arbitration Agreement), Section 11 (Appointment of Arbitrators), Section
12–13 (Challenge to Arbitrator), Section 18 (Equal Treatment of Parties), Section 34 (Setting Aside
Arbitral Award) and Section 36 (Enforcement of Award).

Application: In arbitration matters, courts generally respect the arbitration agreement and
encourage resolution of disputes through ADR. If procedural fairness, independence of arbitrator,
and opportunity to present the case are maintained, the arbitral proceedings remain valid.

Conclusion: Depending on the specific facts, the court may either refer the parties to arbitration,
appoint an arbitrator, or set aside the award if statutory grounds are established.
Problem Question 25

Facts: A dispute arises between two contracting parties regarding performance of a commercial
agreement. One party alleges breach of contract while the other relies on an arbitration clause
contained in the agreement.

Relevant Law: The provisions of the Arbitration and Conciliation Act, 1996 apply. Important
sections include Section 7 (Arbitration Agreement), Section 11 (Appointment of Arbitrators), Section
12–13 (Challenge to Arbitrator), Section 18 (Equal Treatment of Parties), Section 34 (Setting Aside
Arbitral Award) and Section 36 (Enforcement of Award).

Application: In arbitration matters, courts generally respect the arbitration agreement and
encourage resolution of disputes through ADR. If procedural fairness, independence of arbitrator,
and opportunity to present the case are maintained, the arbitral proceedings remain valid.

Conclusion: Depending on the specific facts, the court may either refer the parties to arbitration,
appoint an arbitrator, or set aside the award if statutory grounds are established.
Problem Question 26

Facts: A dispute arises between two contracting parties regarding performance of a commercial
agreement. One party alleges breach of contract while the other relies on an arbitration clause
contained in the agreement.

Relevant Law: The provisions of the Arbitration and Conciliation Act, 1996 apply. Important
sections include Section 7 (Arbitration Agreement), Section 11 (Appointment of Arbitrators), Section
12–13 (Challenge to Arbitrator), Section 18 (Equal Treatment of Parties), Section 34 (Setting Aside
Arbitral Award) and Section 36 (Enforcement of Award).

Application: In arbitration matters, courts generally respect the arbitration agreement and
encourage resolution of disputes through ADR. If procedural fairness, independence of arbitrator,
and opportunity to present the case are maintained, the arbitral proceedings remain valid.

Conclusion: Depending on the specific facts, the court may either refer the parties to arbitration,
appoint an arbitrator, or set aside the award if statutory grounds are established.
Problem Question 27

Facts: A dispute arises between two contracting parties regarding performance of a commercial
agreement. One party alleges breach of contract while the other relies on an arbitration clause
contained in the agreement.

Relevant Law: The provisions of the Arbitration and Conciliation Act, 1996 apply. Important
sections include Section 7 (Arbitration Agreement), Section 11 (Appointment of Arbitrators), Section
12–13 (Challenge to Arbitrator), Section 18 (Equal Treatment of Parties), Section 34 (Setting Aside
Arbitral Award) and Section 36 (Enforcement of Award).

Application: In arbitration matters, courts generally respect the arbitration agreement and
encourage resolution of disputes through ADR. If procedural fairness, independence of arbitrator,
and opportunity to present the case are maintained, the arbitral proceedings remain valid.

Conclusion: Depending on the specific facts, the court may either refer the parties to arbitration,
appoint an arbitrator, or set aside the award if statutory grounds are established.
Problem Question 28

Facts: A dispute arises between two contracting parties regarding performance of a commercial
agreement. One party alleges breach of contract while the other relies on an arbitration clause
contained in the agreement.

Relevant Law: The provisions of the Arbitration and Conciliation Act, 1996 apply. Important
sections include Section 7 (Arbitration Agreement), Section 11 (Appointment of Arbitrators), Section
12–13 (Challenge to Arbitrator), Section 18 (Equal Treatment of Parties), Section 34 (Setting Aside
Arbitral Award) and Section 36 (Enforcement of Award).

Application: In arbitration matters, courts generally respect the arbitration agreement and
encourage resolution of disputes through ADR. If procedural fairness, independence of arbitrator,
and opportunity to present the case are maintained, the arbitral proceedings remain valid.

Conclusion: Depending on the specific facts, the court may either refer the parties to arbitration,
appoint an arbitrator, or set aside the award if statutory grounds are established.
Problem Question 29

Facts: A dispute arises between two contracting parties regarding performance of a commercial
agreement. One party alleges breach of contract while the other relies on an arbitration clause
contained in the agreement.

Relevant Law: The provisions of the Arbitration and Conciliation Act, 1996 apply. Important
sections include Section 7 (Arbitration Agreement), Section 11 (Appointment of Arbitrators), Section
12–13 (Challenge to Arbitrator), Section 18 (Equal Treatment of Parties), Section 34 (Setting Aside
Arbitral Award) and Section 36 (Enforcement of Award).

Application: In arbitration matters, courts generally respect the arbitration agreement and
encourage resolution of disputes through ADR. If procedural fairness, independence of arbitrator,
and opportunity to present the case are maintained, the arbitral proceedings remain valid.

Conclusion: Depending on the specific facts, the court may either refer the parties to arbitration,
appoint an arbitrator, or set aside the award if statutory grounds are established.
Problem Question 30

Facts: A dispute arises between two contracting parties regarding performance of a commercial
agreement. One party alleges breach of contract while the other relies on an arbitration clause
contained in the agreement.

Relevant Law: The provisions of the Arbitration and Conciliation Act, 1996 apply. Important
sections include Section 7 (Arbitration Agreement), Section 11 (Appointment of Arbitrators), Section
12–13 (Challenge to Arbitrator), Section 18 (Equal Treatment of Parties), Section 34 (Setting Aside
Arbitral Award) and Section 36 (Enforcement of Award).

Application: In arbitration matters, courts generally respect the arbitration agreement and
encourage resolution of disputes through ADR. If procedural fairness, independence of arbitrator,
and opportunity to present the case are maintained, the arbitral proceedings remain valid.

Conclusion: Depending on the specific facts, the court may either refer the parties to arbitration,
appoint an arbitrator, or set aside the award if statutory grounds are established.
Problem Question 31

Facts: A dispute arises between two contracting parties regarding performance of a commercial
agreement. One party alleges breach of contract while the other relies on an arbitration clause
contained in the agreement.

Relevant Law: The provisions of the Arbitration and Conciliation Act, 1996 apply. Important
sections include Section 7 (Arbitration Agreement), Section 11 (Appointment of Arbitrators), Section
12–13 (Challenge to Arbitrator), Section 18 (Equal Treatment of Parties), Section 34 (Setting Aside
Arbitral Award) and Section 36 (Enforcement of Award).

Application: In arbitration matters, courts generally respect the arbitration agreement and
encourage resolution of disputes through ADR. If procedural fairness, independence of arbitrator,
and opportunity to present the case are maintained, the arbitral proceedings remain valid.

Conclusion: Depending on the specific facts, the court may either refer the parties to arbitration,
appoint an arbitrator, or set aside the award if statutory grounds are established.
Problem Question 32

Facts: A dispute arises between two contracting parties regarding performance of a commercial
agreement. One party alleges breach of contract while the other relies on an arbitration clause
contained in the agreement.

Relevant Law: The provisions of the Arbitration and Conciliation Act, 1996 apply. Important
sections include Section 7 (Arbitration Agreement), Section 11 (Appointment of Arbitrators), Section
12–13 (Challenge to Arbitrator), Section 18 (Equal Treatment of Parties), Section 34 (Setting Aside
Arbitral Award) and Section 36 (Enforcement of Award).

Application: In arbitration matters, courts generally respect the arbitration agreement and
encourage resolution of disputes through ADR. If procedural fairness, independence of arbitrator,
and opportunity to present the case are maintained, the arbitral proceedings remain valid.

Conclusion: Depending on the specific facts, the court may either refer the parties to arbitration,
appoint an arbitrator, or set aside the award if statutory grounds are established.
Problem Question 33

Facts: A dispute arises between two contracting parties regarding performance of a commercial
agreement. One party alleges breach of contract while the other relies on an arbitration clause
contained in the agreement.

Relevant Law: The provisions of the Arbitration and Conciliation Act, 1996 apply. Important
sections include Section 7 (Arbitration Agreement), Section 11 (Appointment of Arbitrators), Section
12–13 (Challenge to Arbitrator), Section 18 (Equal Treatment of Parties), Section 34 (Setting Aside
Arbitral Award) and Section 36 (Enforcement of Award).

Application: In arbitration matters, courts generally respect the arbitration agreement and
encourage resolution of disputes through ADR. If procedural fairness, independence of arbitrator,
and opportunity to present the case are maintained, the arbitral proceedings remain valid.

Conclusion: Depending on the specific facts, the court may either refer the parties to arbitration,
appoint an arbitrator, or set aside the award if statutory grounds are established.
Problem Question 34

Facts: A dispute arises between two contracting parties regarding performance of a commercial
agreement. One party alleges breach of contract while the other relies on an arbitration clause
contained in the agreement.

Relevant Law: The provisions of the Arbitration and Conciliation Act, 1996 apply. Important
sections include Section 7 (Arbitration Agreement), Section 11 (Appointment of Arbitrators), Section
12–13 (Challenge to Arbitrator), Section 18 (Equal Treatment of Parties), Section 34 (Setting Aside
Arbitral Award) and Section 36 (Enforcement of Award).

Application: In arbitration matters, courts generally respect the arbitration agreement and
encourage resolution of disputes through ADR. If procedural fairness, independence of arbitrator,
and opportunity to present the case are maintained, the arbitral proceedings remain valid.

Conclusion: Depending on the specific facts, the court may either refer the parties to arbitration,
appoint an arbitrator, or set aside the award if statutory grounds are established.
Problem Question 35

Facts: A dispute arises between two contracting parties regarding performance of a commercial
agreement. One party alleges breach of contract while the other relies on an arbitration clause
contained in the agreement.

Relevant Law: The provisions of the Arbitration and Conciliation Act, 1996 apply. Important
sections include Section 7 (Arbitration Agreement), Section 11 (Appointment of Arbitrators), Section
12–13 (Challenge to Arbitrator), Section 18 (Equal Treatment of Parties), Section 34 (Setting Aside
Arbitral Award) and Section 36 (Enforcement of Award).

Application: In arbitration matters, courts generally respect the arbitration agreement and
encourage resolution of disputes through ADR. If procedural fairness, independence of arbitrator,
and opportunity to present the case are maintained, the arbitral proceedings remain valid.

Conclusion: Depending on the specific facts, the court may either refer the parties to arbitration,
appoint an arbitrator, or set aside the award if statutory grounds are established.
Problem Question 36

Facts: A dispute arises between two contracting parties regarding performance of a commercial
agreement. One party alleges breach of contract while the other relies on an arbitration clause
contained in the agreement.

Relevant Law: The provisions of the Arbitration and Conciliation Act, 1996 apply. Important
sections include Section 7 (Arbitration Agreement), Section 11 (Appointment of Arbitrators), Section
12–13 (Challenge to Arbitrator), Section 18 (Equal Treatment of Parties), Section 34 (Setting Aside
Arbitral Award) and Section 36 (Enforcement of Award).

Application: In arbitration matters, courts generally respect the arbitration agreement and
encourage resolution of disputes through ADR. If procedural fairness, independence of arbitrator,
and opportunity to present the case are maintained, the arbitral proceedings remain valid.

Conclusion: Depending on the specific facts, the court may either refer the parties to arbitration,
appoint an arbitrator, or set aside the award if statutory grounds are established.
Problem Question 37

Facts: A dispute arises between two contracting parties regarding performance of a commercial
agreement. One party alleges breach of contract while the other relies on an arbitration clause
contained in the agreement.

Relevant Law: The provisions of the Arbitration and Conciliation Act, 1996 apply. Important
sections include Section 7 (Arbitration Agreement), Section 11 (Appointment of Arbitrators), Section
12–13 (Challenge to Arbitrator), Section 18 (Equal Treatment of Parties), Section 34 (Setting Aside
Arbitral Award) and Section 36 (Enforcement of Award).

Application: In arbitration matters, courts generally respect the arbitration agreement and
encourage resolution of disputes through ADR. If procedural fairness, independence of arbitrator,
and opportunity to present the case are maintained, the arbitral proceedings remain valid.

Conclusion: Depending on the specific facts, the court may either refer the parties to arbitration,
appoint an arbitrator, or set aside the award if statutory grounds are established.
Problem Question 38

Facts: A dispute arises between two contracting parties regarding performance of a commercial
agreement. One party alleges breach of contract while the other relies on an arbitration clause
contained in the agreement.

Relevant Law: The provisions of the Arbitration and Conciliation Act, 1996 apply. Important
sections include Section 7 (Arbitration Agreement), Section 11 (Appointment of Arbitrators), Section
12–13 (Challenge to Arbitrator), Section 18 (Equal Treatment of Parties), Section 34 (Setting Aside
Arbitral Award) and Section 36 (Enforcement of Award).

Application: In arbitration matters, courts generally respect the arbitration agreement and
encourage resolution of disputes through ADR. If procedural fairness, independence of arbitrator,
and opportunity to present the case are maintained, the arbitral proceedings remain valid.

Conclusion: Depending on the specific facts, the court may either refer the parties to arbitration,
appoint an arbitrator, or set aside the award if statutory grounds are established.
Problem Question 39

Facts: A dispute arises between two contracting parties regarding performance of a commercial
agreement. One party alleges breach of contract while the other relies on an arbitration clause
contained in the agreement.

Relevant Law: The provisions of the Arbitration and Conciliation Act, 1996 apply. Important
sections include Section 7 (Arbitration Agreement), Section 11 (Appointment of Arbitrators), Section
12–13 (Challenge to Arbitrator), Section 18 (Equal Treatment of Parties), Section 34 (Setting Aside
Arbitral Award) and Section 36 (Enforcement of Award).

Application: In arbitration matters, courts generally respect the arbitration agreement and
encourage resolution of disputes through ADR. If procedural fairness, independence of arbitrator,
and opportunity to present the case are maintained, the arbitral proceedings remain valid.

Conclusion: Depending on the specific facts, the court may either refer the parties to arbitration,
appoint an arbitrator, or set aside the award if statutory grounds are established.
Problem Question 40

Facts: A dispute arises between two contracting parties regarding performance of a commercial
agreement. One party alleges breach of contract while the other relies on an arbitration clause
contained in the agreement.

Relevant Law: The provisions of the Arbitration and Conciliation Act, 1996 apply. Important
sections include Section 7 (Arbitration Agreement), Section 11 (Appointment of Arbitrators), Section
12–13 (Challenge to Arbitrator), Section 18 (Equal Treatment of Parties), Section 34 (Setting Aside
Arbitral Award) and Section 36 (Enforcement of Award).

Application: In arbitration matters, courts generally respect the arbitration agreement and
encourage resolution of disputes through ADR. If procedural fairness, independence of arbitrator,
and opportunity to present the case are maintained, the arbitral proceedings remain valid.

Conclusion: Depending on the specific facts, the court may either refer the parties to arbitration,
appoint an arbitrator, or set aside the award if statutory grounds are established.
Problem Question 41

Facts: A dispute arises between two contracting parties regarding performance of a commercial
agreement. One party alleges breach of contract while the other relies on an arbitration clause
contained in the agreement.

Relevant Law: The provisions of the Arbitration and Conciliation Act, 1996 apply. Important
sections include Section 7 (Arbitration Agreement), Section 11 (Appointment of Arbitrators), Section
12–13 (Challenge to Arbitrator), Section 18 (Equal Treatment of Parties), Section 34 (Setting Aside
Arbitral Award) and Section 36 (Enforcement of Award).

Application: In arbitration matters, courts generally respect the arbitration agreement and
encourage resolution of disputes through ADR. If procedural fairness, independence of arbitrator,
and opportunity to present the case are maintained, the arbitral proceedings remain valid.

Conclusion: Depending on the specific facts, the court may either refer the parties to arbitration,
appoint an arbitrator, or set aside the award if statutory grounds are established.
Problem Question 42

Facts: A dispute arises between two contracting parties regarding performance of a commercial
agreement. One party alleges breach of contract while the other relies on an arbitration clause
contained in the agreement.

Relevant Law: The provisions of the Arbitration and Conciliation Act, 1996 apply. Important
sections include Section 7 (Arbitration Agreement), Section 11 (Appointment of Arbitrators), Section
12–13 (Challenge to Arbitrator), Section 18 (Equal Treatment of Parties), Section 34 (Setting Aside
Arbitral Award) and Section 36 (Enforcement of Award).

Application: In arbitration matters, courts generally respect the arbitration agreement and
encourage resolution of disputes through ADR. If procedural fairness, independence of arbitrator,
and opportunity to present the case are maintained, the arbitral proceedings remain valid.

Conclusion: Depending on the specific facts, the court may either refer the parties to arbitration,
appoint an arbitrator, or set aside the award if statutory grounds are established.