Mumbai University Solved Question Papers
Alternate Dispute Resolution System
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
Nov 2014 Examination
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LLB 3 years Sem 6 Alternate Dispute Resolution System Nov 2014 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 Nov 2014 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Nov 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 Nov 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 in two sentences
20 Marks - 2 marks each
(A)Which is the provision relating to appeal under the Arbitration and Conciliation Act, 1996?[2]
Answer
Section 37 is the appeal provision for arbitrations under Part I of the Arbitration and Conciliation Act, 1996. For foreign awards, section 50 (New York Convention awards) and section 59 (Geneva Convention awards) do the same work. Section 37(1) allows an appeal "from the following orders (and from no others)". So the list is closed.
What section 37 allows.
- From a court's order refusing to refer the parties to arbitration under section 8 (section 37(1)(a)).
- From a court's order granting or refusing an interim measure under section 9 (section 37(1)(b)).
- From a court's order setting aside, or refusing to set aside, an award under section 34 (section 37(1)(c)).
- From a tribunal's order accepting a plea that it has no jurisdiction or is exceeding its authority (section 37(2)(a)).
- From a tribunal's order granting or refusing an interim measure under section 17 (section 37(2)(b)).
Two limits. No second appeal lies from an order passed in appeal (section 37(3)). But the right to appeal to the Supreme Court is saved. Under sections 50 and 59, an appeal lies from only two orders. One refuses to refer the parties to arbitration, and the other refuses to enforce a foreign award.
Fuerst Day Lawson Ltd. v. Jindal Exports Ltd., (2011) 8 SCC 333. Single Judges of the Delhi and Calcutta High Courts had allowed applications to enforce foreign awards. The losing parties appealed under the Letters Patent. The Supreme Court held that the 1996 Act is a complete code. Section 50 gives no appeal from an order enforcing a foreign award, so no Letters Patent appeal lay either.
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