Mumbai University Solved Question Papers
Alternate Dispute Resolution System
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
Nov 2013 Examination
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LLB 3 years Sem 6 Alternate Dispute Resolution System Nov 2013 Question Paper with Solutions
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First published on munotes.in on 24 October 2026.
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Model answers written and edited by the munotes.in editorial desk.
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The question paper reproduced here is the paper as set by the University of Mumbai at the Nov 2013 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Nov 2013 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Nov 2013 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 · 23 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 two to three lines
20 Marks - 2 marks each
(a)What kind of disputes cannot be submitted to arbitration?[2]
Answer
Disputes that the law reserves for courts or special forums. Part I of the Arbitration and Conciliation Act, 1996 "shall not affect any other law for the time being in force by virtue of which certain disputes may not be submitted to arbitration" (section 2(3)). An award on such a dispute may be set aside (section 34(2)(b)(i)).
The main kinds, with the reason for each.
- Criminal offences: punishment is for the State alone.
- Matrimonial disputes (divorce, judicial separation, restitution of conjugal rights) and guardianship and custody of children: they decide status, binding on everyone.
- Insolvency and winding up: they affect all creditors, and statutes give the power to a court or tribunal.
- Testamentary matters (probate, letters of administration, succession certificates): orders in rem.
- Eviction or tenancy under rent control laws that give a special court exclusive jurisdiction.
- Claims a statute sends to its own forum, such as debts recoverable before a Debts Recovery Tribunal.
Haryana Telecom Ltd. v. Sterlite Industries (India) Ltd., (1999) 5 SCC 688. A winding-up petition was pending in the High Court, and the other side asked it to refer the matter to arbitration under section 8. The Supreme Court held that "an arbitrator, notwithstanding any agreement between the parties would have no jurisdiction to order winding up of a company". The application was rightly refused.
A limit on the list. A. Ayyasamy v. A. Paramasivam, (2016) 10 SCC 386, held that a "mere allegation of fraud" does not make a dispute non-arbitrable. Only serious allegations, needing detailed evidence, take it to a court.
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