Mumbai University Solved Question Papers
Alternate Dispute Resolution System
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
Apr 2014 Examination
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LLB 3 years Sem 6 Alternate Dispute Resolution System Apr 2014 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 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 2014 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Apr 2014 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Apr 2014 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 two to three sentences
20 Marks - 2 marks each
(1)In which matters do Parts I, II and IV of the Arbitration and Conciliation Act, 1996 extend to Jammu and Kashmir?[2]
Answer
The original rule. Section 1(2) of the Arbitration and Conciliation Act, 1996 extended the Act "to the whole of India". A proviso then limited three Parts: "Parts I, III and IV shall extend to the State of Jammu and Kashmir only in so far as they relate to international commercial arbitration or, as the case may be, international commercial conciliation". So the answer to the paper's question was:
- Part I (arbitration) and Part IV (supplementary provisions) reached Jammu and Kashmir only for international commercial arbitration.
- Part III (conciliation) reached it only for international commercial conciliation, defined like section 2(1)(f).
- Part II (foreign awards) was not in the proviso, so it applied there fully.
Domestic arbitration in the State was left to its own law, the Jammu and Kashmir Arbitration and Conciliation Act, 1997.
The present rule. The proviso and its Explanation were omitted by the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020 (S.O. 1123(E), 18 March 2020). A corresponding Ladakh Order followed on 23 October 2020. The whole Act now applies in both Union territories, with a few local changes. For example, sections 8A and 8B let a court refer the parties to mediation or conciliation. A challenge under section 34 also gets six months, plus sixty days, instead of three months plus thirty days.
Why the label mattered. TDM Infrastructure Pvt. Ltd. v. UE Development India Pvt. Ltd., (2008) 14 SCC 271. A company incorporated in India, with its board in Malaysia, claimed that its arbitration was international. The Supreme Court held that "a company incorporated in India can only have Indian nationality for the purpose of the Act". Under the old proviso, that test decided whether the 1996 Act reached a dispute in Jammu and Kashmir at all.
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