The question (6 marks)
In a suit between a contractor and a sub-contractor with no arbitration clause, the sub-contractor applies to the court for reference of the dispute to arbitration. The contractor objects to arbitration and to every other form of settlement. The trial judge proposes to refer the dispute to arbitration, and in the alternative to mediation or to a Lok Adalat. Advise the parties on what the court may and may not do. (6 marks)
MU Module III, court reference to ADR; pack ch. 03 and ch. 01, Afcons and s. 89 CPC.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 3 · Foreign Awards, Conciliation, Mediation, Negotiation and Counselling of Practical Training – II: Alternate Dispute Resolution.
Authorities you will need
- Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (P) Ltd.
- Section 89, Code of Civil Procedure
- Legal Services Authorities Act
- Arbitration and Conciliation Act
- Order 23 Rule 3, Code of Civil Procedure
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.