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Alternative Dispute Resolution Question Paper

Alternative Dispute Resolution

Course:Bachelor Of Laws

Institution: Kenyatta University question papers

Exam Year:2010

QUESTION ONE IS COMPULSORY.
ANSWER ANY OTHER TWO QUESTIONS.
1. It is a known fact that disputes are a common feature of social and legal relations between individuals,legal persons and state parties at both the domestic and the international realm.
What in your view are the elaborate systems of conflict management,dispute resolution and determination that have been established over the years to deal with this phenomenon? (30 marks)

2. Define the essentials of mediation and extrapolate on what advantages and disadvantages are to be found between this form of ADR and Civil Litigation as a form of dispute resolution bearing in mind Kenya’s own recent experience in this area. (20 marks)

3. What is the definition given to the term “Arbitration” by the Arbitration Act(1995) and what kind of disputes are arbitrable and non-arbitrable under the Kenyan Arbitration System. (20 marks)

4. “An Arbitration Award is recognized as binding under and by virtue of Section 36 of the 1995 Act without due regard to whichever state it was made”.Discuss the enforcement of Arbitration Awards in Kenya and in particular,the conditions that must be satisfied for the enforcement of both domestic and foreign awards. (20 marks)

5. Choose and write brief notes on any TWO(2) of the following subjects:

a.)Compare Civil Litigation and Arbitration.What are the main differences?(10 marks)

b.)The powers of parties on Arbitral proceeding to terminate the authority of an Arbitrator and the ground thereof. (10 marks)

c.)The proposition that an Arbitration Award should not be the subject of remission or setting aside on any ground whatsoever. (10 marks)

d.)Stay of proceedings and Arbitration Agreements.(10 marks)

Alternative Dispute Resolution Question Paper

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