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Module Assessment

Module 1: Introduction to ADR

Test your understanding of ADR fundamentals, types, legal framework, and international aspects. Score 70% or above to complete the module.

10 Questions ~15 minutes Pass: 70%

Instructions

  • Answer all 10 questions - there is no negative marking
  • Questions cover all 5 parts of Module 1
  • Click on an option to select your answer
  • After submission, you will see explanations for each question
  • Score 7 or more correct (70%) to pass
Question 0 of 10 answered
Q1 Part 1: Evolution
Which ancient Indian institution was commonly used for resolving village-level disputes through community consensus?
Explanation
Panchayats (village councils) were the traditional Indian mechanism for resolving disputes through community wisdom and consensus. Shreni were guild tribunals for merchant/trade disputes.
Q2 Part 1: Evolution
The New York Convention on Recognition and Enforcement of Foreign Arbitral Awards was adopted in:
Explanation
The New York Convention was adopted in 1958 and remains the cornerstone of international commercial arbitration. It has 172+ contracting states. India acceded in 1960.
Q3 Part 2: Types
In mediation, the role of the mediator is primarily to:
Explanation
A mediator is a facilitator who helps parties communicate, identify interests, and reach their own mutually acceptable solution. Unlike an arbitrator, the mediator does not impose a decision.
Q4 Part 2: Types
Which ADR mechanism results in a binding decision by a neutral third party?
Explanation
Arbitration is the only mechanism where a neutral third party (arbitrator) renders a binding decision (arbitral award). Mediation, conciliation, and negotiation result in non-binding outcomes until parties agree.
Q5 Part 3: Indian Framework
Under Section 34 of the Arbitration Act 1996, an arbitral award can be set aside on grounds of:
Explanation
Section 34 provides limited grounds for setting aside awards. "Public policy" includes fraud, corruption, violation of fundamental policy, or conflict with basic notions of morality/justice. Courts cannot review merits or errors of law.
Q6 Part 3: Indian Framework
Under the Mediation Act 2023, a mediated settlement agreement is enforceable as:
Explanation
Section 27 of the Mediation Act 2023 provides that a mediated settlement agreement shall be final and binding and enforceable as if it were a judgment or decree of a court. This is a major development elevating mediation's legal status.
Q7 Part 4: International
The UNCITRAL Model Law on International Commercial Arbitration was adopted in 1985 and forms the basis of:
Explanation
India's Arbitration and Conciliation Act, 1996 is based on the UNCITRAL Model Law. The Model Law has been adopted by 118 jurisdictions in 85 states, creating uniformity in international arbitration law.
Q8 Part 4: International
The "seat of arbitration" determines:
Explanation
The seat (juridical seat) determines the procedural law (lex arbitri) governing the arbitration and which courts have supervisory jurisdiction (for challenges, setting aside). Venue is the physical location of hearings and may differ from seat.
Q9 Part 5: Selection
Scenario
Two long-term business partners have a dispute over profit sharing. They want to resolve it quickly, preserve their relationship, and keep it confidential. They are open to creative solutions.
Which ADR mechanism would be most appropriate?
Explanation
Mediation is ideal when relationship preservation is important, parties want creative solutions, and confidentiality is needed. It is faster and less adversarial than arbitration or litigation, allowing parties to craft their own resolution.
Q10 Part 5: Selection
Which of the following disputes is generally considered non-arbitrable in India?
Explanation
Insolvency matters under IBC are non-arbitrable as they are governed exclusively by the Insolvency and Bankruptcy Code. Other non-arbitrable disputes include criminal matters, matrimonial disputes, and testamentary matters.
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