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LLB 3 years Sem 6 Alternate Dispute Resolution System May 2017 Question Paper with Solutions

Mumbai University Solved Question Papers

Alternate Dispute Resolution System

Previous Year Question Paper with Solution

LLB 3 years · Sem 6

May 2017 Examination

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Mumbai

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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 May 2017 examination.

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The Paper as Set

The questions in this volume are the questions asked at the May 2017 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

Instructions printed on the paper

  • N.B: 1. All questions are compulsory. 2. Figures to the right indicate full marks.

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.

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Q.1

Q.1: Answer in two to three lines

20 Marks - 2 marks each

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(A)What is the full form of UNCITRAL?[2]

Answer

UNCITRAL stands for the United Nations Commission on International Trade Law. It is the body of the United Nations General Assembly that works to harmonise and modernise the law of international trade.

Why it matters to Indian ADR law. The Arbitration and Conciliation Act, 1996 is built on two UNCITRAL texts, as its Preamble records:

  1. the UNCITRAL Model Law on International Commercial Arbitration, adopted in 1985; and
  2. the UNCITRAL Conciliation Rules, adopted in 1980.

The Preamble notes that the General Assembly recommended that all countries give "due consideration" to the Model Law, "in view of the desirability of uniformity of the law of arbitral procedures". So Part I of the Act (arbitration) follows the Model Law, and Part III (conciliation) follows the Conciliation Rules.

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Datar Switchgears Ltd. v. Tata Finance Ltd., decided on 18 October 2000. Explaining section 11, the Supreme Court said that the 1996 Act "is codified in tune with the Model Law on International Commercial Arbitration as adopted by the United Nations Commission on International Trade Law (UNCITRAL)". Indian courts therefore read the Act in the light of the Model Law, so that it works like the arbitration law of other countries.

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The rest of the answers

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