Mumbai University Solved Question Papers
Alternate Dispute Resolution System
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
Apr 2015 Examination
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LLB 3 years Sem 6 Alternate Dispute Resolution System Apr 2015 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 2015 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Apr 2015 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 2015 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 or three sentences
20 Marks - 2 marks each
(i)Define the term Arbitration under the Arbitration and Conciliation Act, 1996.[2]
Answer
Arbitration is a method of settling a dispute outside the courts. The parties agree to refer it to one or more private persons, the arbitrators, and to accept their decision, the award, as binding.
In the Act. Section 2(1)(a) of the Arbitration and Conciliation Act, 1996 says that "arbitration" means "any arbitration whether or not administered by permanent arbitral institution". So it covers ad hoc arbitration, run by the parties themselves, and institutional arbitration, run under an institution's rules.
Its elements.
- A written arbitration agreement (section 7), or a statute that provides for arbitration.
- A dispute between the parties, referred under that agreement.
- A private tribunal chosen by or for the parties (sections 10 and 11).
- A hearing in which the parties are treated equally (section 18).
- An award that is final and binding (section 35) and enforced like a court decree (section 36).
Jagdish Chander v. Ramesh Chander, (2007) 5 SCC 719. A partnership deed said that disputes "shall be mutually decided by the partners or shall be referred for arbitration if the parties so determine". The Supreme Court held that this was not an arbitration agreement. "Mere use of the word 'arbitration' or 'arbitrator' in a clause will not make it an arbitration agreement, if it requires or contemplates a further or fresh consent". Arbitration exists only where the parties have bound themselves to refer the dispute and to accept the decision.
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