Arbitration Record Work Guidelines

Guidelines to write Arbitration and Conciliation Record:

1. Mention your Name, Roll Number, at appropriate places.

2. Write with Blue or Black ink only.

3. Writing should be clear and legible.

4. The record should be written only in English language.

5. The record must be written by the candidate only.

6. Maintain an index, page numbers and margins.

PART – I

Write a brief note about 2 to 3 pages on the following topics:

1. Introduction to ADR

2. Types of ADR methods

3. Salient features of Arbitration and Conciliation Act 1996 (with new amendments 2019)

4. Arbitration Award – its kinds

5. Brief note on tribunals

6. Brief note on Lok Adalat

7. Objectives of Family Courts

8. CPC provisions relevant to ADR mechanism

9. Difference between mediation and conciliation

10.Ethics of ADR

PART – II Simulation – I

Mr Ranjit leased a five storied building at General Bazar, Secunderabad, to run a shopping mall. He insured his shopping mall (material and infrastructure) for 20 crores, with Oriental Inurance Company.

According to the terms and conditions of the Insurance agreement, if the building is constructed with all necessary permissions from the respective government departments like Fire safety etc., then only they can claim the insurance.

But at the time of signing the agreement insurer (Oriental Insurance Company) did not ask to submit relevant permission documents, and the insured(Mr. Ranjith) also ignored it.

The owner of the building /builder did not take necessary permissions at the time of constructing the building and later he applied for Building Regularisation Scheme, and government sanctioned it.

Unfortunately because of short circuit, major fire broke out, the shopping mall, entire material including building gutted in the fire accident. The experts advised to demolish the building.

Now the insured applied for claim. But the insurer is rejecting the claim by showing the non-submission of necessary and proper permissions from the government departments, as per the terms and conditions of insurance agreement.

Matter referred to Arbitration as per Arbitration clause in the agreement. Write the Arbitration Award.

Simulation - II

Kalinga is a cruise ship which caters to the wealthy tourists in the AP, Telangana & Kerala, the capacity of the ship is 3000 members. Their customers are exclusively the rich and famous and can pay up to Rs. 4, 00,000 for a 7 day holiday trip. Because of the elite nature of the cruises, customers expect every facility to be perfect.

Kalinga entered into a contract with Charminar meat suppliers (CMS), which specialise in organic and smoked meat operate throughout India. CMS has agreed to provide Kalinga with all of their meat throughout their cruise dates. The two Parties agreed in advance that fresh produce would be provided three times per week, depending on the specific requirement of that ship.

One day evening when chef began to prepare the food, they noticed the meat had gone off and could not be used. As a result all the guests on board were provided with the vegetarian menu option. Another day insufficient food supplied.

Kalinga felt humiliated by this slip-up. As a result of the sub-standard produce provided by CMS, they were forced to issue guests with apology vouchers entitling them to 20% off their trip, a potential cost of Rs.25,00,000. If every guest on board took advantages of this offer, Kalinga could lose a significant amount of profit. Kalinga is claiming that this loss is a direct result of CMS failure to proper care for their produce. Kalinga and CMS have agreed to meet in Vijayawada to discuss the issue.

A discussion is required on whether CMS should contribute to Kalinga’s losses and how the working relationship should continue in future.

Negotiate the matter and make necessary arrangements.

Simulation - III

Mr.Vijay is a well-known chef. He entered into an employment agreement with Shah Food Court Pvt.Ltd.,(SFC) a well-known restaurant in Hyderabad. He is employed by SFC for 6 years at a salary of 4 lakh rupees per month with a yearly hike of 15%. According to clause No.7 of their agreement he cannot work for any other company or firm or business enterprise in any capacity in any part of the country during these 6 years.

It is remarkable here that SFC Business is confined to Hyderabad city only.

After one year unfortunately it is identified that Mr Vijay’s Son has suffering with Autism. His Doctors and family members advised him to shift his family from Hyderabad to Chennai to provide better treatment to his son.

Mr Vijay approached hotel management to repudiate the contract, Hotel management demanding to pay 10 lakhs rupees for repudiation of contract. Vijay wants to take the help of Hyderabad Chefs Association to mediate the issue.

Mediate the matter.

Simulation - IV

In 2019, Port Visaka Pvt Ltd (Port ‘V’) an Andhra Pradesh based entity entered in to a contract with Godavari Cuts Situated at Hyderabad for the supply of premium quality Seafood. It was agreed that Port ‘V’ would supply the premium quality Seafood to Godavari Cuts time to time when they demand. At the time of entering into this contract, the export of premium quality Seafood outside the State of AP was allowed according to the policy of the State of AP. Later, in the year 2020 State of AP restricted the export of premium quality seafood. Hence, Port V was only able to supply normal quality Seafood. It effected on the business of Godavari Cuts, because it could not satisfy the customers. It result huge loss to Godavari Cuts.

Godavari Cuts treated it as a default and initiated ad hoc arbitration proceedings, according to the agreement, where Hyderabad was the seat.

Conduct ad-hoc arbitration proceeding.

Simulation - V

Ms. Radha, aged about 40 years and Mr. Mohan aged about 45 years married in the year 2010. They blessed with twins one boy (Anil) and one girl (Aparna) in the year 2012.

When the children were at the age of 3 years, disputes arose between the couple. Since then they are living separately. After 2 years Ms. Radha developed relationship with her colleague Mr Raghavan, and both of them are living together. Ms Radha’s children are with their grandparents (Radha’s parents).

Radha’s parents are aged and they are not in a position to take care about the children. They are requested to take care of their children either by Mohan or by Radha. Radha consented to bring her children back from her parents. But, Mr. Raghavan is not allowing her to bring her children.

Mr Mohan came forward to take his children, if Ms.Radha gives divorce to him. But she is not willing to give divorce to Mohan, with an intention to suffer him. Mr. Mohan applied for divorce in Family Court.

Conciliate the matter, according to relevant laws and submit conciliation report to the Court.