Mumbai University Solved Question Papers
Alternate Dispute Resolution System
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
Apr 2011 Examination
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LLB 3 years Sem 6 Alternate Dispute Resolution System Apr 2011 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 Apr 2011 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Apr 2011 examination, in the order it was set.
MarksPage
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Apr 2011 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 3 hours · Total marks 100 · 25 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 the following questions in not more than two sentences
20 Marks - 2 marks each
(a)When did the Arbitration and Conciliation Act, 1996 come into force?[2]
Answer
On 22 August 1996. The Act came into force on the date appointed by the Central Government by notification G.S.R. 375(E) of 22 August 1996 (section 1(3)).
But its rules applied from 25 January 1996. The law was first made by Ordinance, the first of which came into force on 25 January 1996. A third Ordinance (Ordinance 27 of 1996) was in force when Parliament passed the Act. The Act repealed it and saved everything done under it (section 86). So, in effect, the new law has governed arbitration since 25 January 1996.
Fuerst Day Lawson Ltd. v. Jindal Exports Ltd., (2001) 6 SCC 356. The case concerned how a foreign award of 13 August 1996 was to be enforced. The Supreme Court explained that the Act came into force on 22 August 1996. But "being a continuation of the Ordinance" it "is deemed to have been effective from 25.1.1996 when the first Ordinance came into force".
Why the date matters. The old Acts (1937, 1940 and 1961) still govern arbitral proceedings "which commenced before this Act came into force", unless the parties agree otherwise (section 85(2)(a)). A proceeding "commences" on the date the respondent receives the request to refer the dispute (section 21). So the date of that request, measured against 25 January 1996, decides which law applies.
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