Mumbai University Solved Question Papers
Alternate Dispute Resolution System
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
Dec 2017 Examination
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LLB 3 years Sem 6 Alternate Dispute Resolution System Dec 2017 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 Dec 2017 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Dec 2017 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Dec 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
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)What does Arbitration agreement mean?[2]
Answer
Section 7(1) of the Arbitration and Conciliation Act, 1996 defines an arbitration agreement as "an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not". It may be a clause in a contract or a separate agreement (section 7(2)). It must be in writing (section 7(3)).
When it is "in writing". Section 7(4) gives three ways. It may be in a document signed by the parties. It may be in an exchange of letters, telex, telegrams or other telecommunication, including electronic means, that records the agreement. Or it may be in an exchange of statements of claim and defence. There one side alleges the agreement and the other does not deny it. Under section 7(5), a written contract may refer to a document that contains an arbitration clause. That clause then becomes part of the contract, if the reference is meant to do so.
Signature is not essential. In 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. The Supreme Court held that the only requirement is writing. Section 7(4) merely adds ways of finding the writing.
It must be a firm promise to arbitrate. In Jagdish Chander v. Ramesh Chander, (2007) 5 SCC 719, a partnership deed said disputes "shall be referred for arbitration if the parties so determine". The Supreme Court held that this was not an arbitration agreement, because it needed a fresh consent before anyone could go to arbitration.
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