Mumbai University Solved Question Papers
Alternate Dispute Resolution System
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
Oct 2015 Examination
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LLB 3 years Sem 6 Alternate Dispute Resolution System Oct 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 Oct 2015 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Oct 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 Oct 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 one or two sentences each
20 Marks - 2 marks each
(a)Whether the signature of an arbitrator is necessary in an arbitration agreement?[2]
Answer
No. The arbitrator is not a party to the arbitration agreement, so his signature on it is not required.
- The agreement is between the parties. An arbitration agreement is "an agreement by the parties to submit to arbitration" their present or future disputes (section 7(1), Arbitration and Conciliation Act, 1996). A "party" means "a party to an arbitration agreement" (section 2(1)(h)).
- The arbitrator often does not exist yet. Most agreements are made long before any dispute, and do not name an arbitrator at all. Section 11 supplies the machinery for appointing one later.
- Where his signature IS required. He signs his written disclosure on being approached (section 12(1), Sixth Schedule), and he signs the award (section 31(1)). In a panel, the majority's signatures suffice if the reason for a missing one is stated (section 31(2)).
Even the parties' signatures are not essential. The Act requires the agreement to be "in writing" (section 7(3)). A signed document is only one way of showing that (section 7(4)).
Caravel Shipping Services Pvt. Ltd. v. Premier Sea Foods Exim Pvt. Ltd., (2019) 11 SCC 461. An unsigned bill of lading carried a printed arbitration clause, and the shipper had sued on the same bill. The Supreme Court held that "the only pre-requisite is that it be in writing". If the parties need not sign, the arbitrator, who is not a party, plainly need not.
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