Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

Arbitration, Tribunal Adjudication and Alternate Dispute resolution

Question:

Read the passage and answer the question below :

Case Study

Sadhna a comporate lawyer is married to Ashish an IAS officer with the government of India. Both had a happy marriage for almost three years when Ashish started behaving poorly with Sadhna. His temper tantrums were becoming often. This was also a period when Sadhna was travelling outside the country for arbitration proceedings between her client M. Pharma (an Indian company) and the opposite party Xylum Pharmacuticals INC (incorporated in the United Kingdom having a subsidiary in India) The award for such an arbitration was to be enforced in India. Sadhna had wrapped up the arbitration and had come back to India, when she realised Ashish's employment was terminated because of some bribery charges against him and also a sexual harassment complaint by one of his junior colleagues Ms. Pari Sahwney. While Ashish wanted to pursue his matter in the court of law, Sadhna wanted to file a divorce while their matter of divorce was still pending in the court of law, to fasten the matters Sadhna & Ashish filed their case at an alternative forum. Sadhna knew that the court will refund their court fee in case their dispute in resolved by this alternative forum. On the other hand, a case of bribery was also filed against Ashish by Mr. Khanna who had conducted this sting operation at Ashishs office.

Identify the type of arbitration that Sadhna who involved in, between M. Pharma & Xylum Pharamacuticals :

(1) Domestic Arbitration

(2) Foreign Arbitration

(3) Institutional Arbitration

(4) Ad-hoc Arbitration

Options:

1

2

3

4

Correct Answer:

2

Explanation:
Foreign Arbitration - An arbitration where proceedings are conducted in a place outside India and the award is required to be enforced in India.