Mumbai University Solved Question Papers
Alternate Dispute Resolution System
Previous Year Question Paper with Solution
BLS LLB 5 Years · Sem 10
May 2023 - 60/40 Examination
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BLS LLB 5 Years Sem 10 Alternate Dispute Resolution System May 2023 - 60/40 Question Paper with Solutions
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First published on munotes.in on 24 October 2026.
Published by munotes.in, Mumbai.
Model answers written and edited by the munotes.in editorial desk.
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The University does not publish an official answer key for this paper. The answers in this volume are model answers, written to show how a full-mark answer is built. They are a study aid, not an authority on what an examiner marked.
The question paper reproduced here is the paper as set by the University of Mumbai at the May 2023 - 60/40 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the May 2023 - 60/40 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the May 2023 - 60/40 examination, reproduced as the University of Mumbai set them, in the order it set them. Nothing has been reworded, added or left out. Only the answers are ours. See the original question paper.
Duration 2 hours · Total marks 60 · 22 questions answered
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
Q.1
Q.1: Answer in one or two sentences
6 out of 10 · (12 Marks - 2 marks each)
(1)Write any two salient features of the Arbitration and Conciliation Act, 1996.[2]
Answer
Two salient features of the Arbitration and Conciliation Act, 1996 are these.
- Minimal intervention by courts. Section 5 provides that "no judicial authority shall intervene except where so provided in this Part". Courts may help, by referring parties to arbitration, granting interim measures or appointing arbitrators. They may review an award only on the narrow grounds of section 34. One of the Act's stated objectives is "to minimise the supervisory role of courts in the arbitral process".
- Enforcement of the award as a decree. Once the time to challenge has expired, an award "shall be enforced ... in the same manner as if it were a decree of the court" (section 36(1)). A challenge does not automatically stay it (section 36(2)).
Others in brief.
- Party autonomy in procedure (section 19).
- The tribunal's power to rule on its own jurisdiction (section 16).
- Time limits for the award (section 29A).
- Conciliation settlements with the status of awards (section 74).
- Enforcement of foreign awards (Part II).
McDermott International Inc. v. Burn Standard Co. Ltd., (2006) 11 SCC 181. The Supreme Court said that the 1996 Act keeps the court's supervisory role "at minimum level". "The court cannot correct errors of the arbitrators. It can only quash the award leaving the parties free to begin the arbitration again." This captures the first feature.
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