LL.B. (Three Years) Sem 6 Alternate Dispute Resolution System Oct 2025 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

Q.1 Q.1: Answer in one or two sentences (attempt any 6)

1. (1) What is the purpose of the Arbitration and Conciliation Act?
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2. (2) What is mediation?
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3. (3) What is meant by legal aid?
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4. (4) Define international commercial arbitration.
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5. (5) What is the seat of arbitration?
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6. (6) What is ADRS?
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7. (7) Define arbitration agreement.
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8. (8) Waiver under section 4 of the Arbitration and Conciliation Act.
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9. (9) Settlement agreement.
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10. (10) Termination of the mandate of an arbitrator.
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Q.2 Q.2: Write short notes (attempt any 2)

1. (1) Define the principle of kompetenz-kompetenz.
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2. (2) Termination of the mandate of an arbitrator.
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3. (3) Conciliation.
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4. (4) Setting aside of an arbitral award.
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Q.3 Q.3: Situational problems (attempt any 2)

1. (1) X Pvt. Ltd. and B Developers enter into a joint venture to develop a housing complex. A dispute arises regarding profit sharing, and both parties wish to avoid lengthy court proceedings. (a) Advise the parties on the different methods of Alternate Dispute Resolution available under Indian law. (b) Which ADR mechanism would be most suitable in this case, and why? Explain the relevant provisions of the Arbitration and Conciliation Act, 1996.
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2. (2) Ramesh files a motor accident claim before the Motor Accident Claims Tribunal seeking Rs. 4 lakh as compensation. During its pendency, the insurance company offers to settle the matter amicably, and the case is referred to a Lok Adalat. (a) Explain the jurisdiction and powers of Lok Adalats in such matters under the Legal Services Authorities Act, 1987. (b) If the parties agree to a settlement before the Lok Adalat, is its award final and binding?
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3. (3) W Ltd. enters into a contract with K Ltd. for the supply of chemicals. The contract contains an arbitration clause. Later, BlueStar alleges that the contract is void since the supplied chemicals were banned under Indian law. Nova Dyes insists that the arbitration clause still applies. (a) Explain whether the arbitration clause remains valid even if the main contract is alleged to be void. (b) Discuss the principle of severability (or separability) of arbitration agreements.
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4. (4) An Indian company and a Singapore-based company enter into a contract stating: 'Arbitration shall be conducted in accordance with the UNCITRAL Rules. The venue of arbitration shall be Mumbai.' A dispute arises, and the parties disagree about whether Indian or Singaporean law applies. (a) Distinguish between the seat and the venue of arbitration. (b) Based on the above facts, determine which country's law governs the arbitration and justify your answer with reference to case law.
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Q.4 Q.4: Long answers (attempt any 2)

1. (1) Explain the procedure of Lok Adalats under the Legal Services Authorities Act, 1987, with special reference to the functioning of Permanent Lok Adalats.
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2. (2) Discuss the process of appointment of arbitrators under Section 11 of the Arbitration and Conciliation Act, 1996. Support your answer with relevant case laws.
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3. (3) Describe the various mechanisms of Alternate Dispute Resolution (ADR) available in India, with suitable examples.
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4. (4) Examine any two major changes introduced by the Arbitration and Conciliation (Amendment) Act, 2019.
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