Mumbai University Solved Question Papers
Alternate Dispute Resolution System
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
Jun 2018 Examination
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LLB 3 years Sem 6 Alternate Dispute Resolution System Jun 2018 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 Jun 2018 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Jun 2018 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Jun 2018 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)How many Arbitrators can be appointed according to the Arbitration and Conciliation Act, 1996?[2]
Answer
Any odd number the parties choose; if they choose none, one.
Section 10 of the Arbitration and Conciliation Act, 1996 sets the rule.
- "The parties are free to determine the number of arbitrators, provided that such number shall not be an even number" (section 10(1)).
- "Failing the determination referred to in sub-section (1), the arbitral tribunal shall consist of a sole arbitrator" (section 10(2)).
Why odd. A tribunal decides by a majority of all its members (section 29(1)). An odd number avoids a deadlock. Most tribunals have one or three members. With three, each party appoints one and the two appoint the presiding arbitrator (section 11(3)). A larger odd number, such as five, is lawful but rare, because it costs more and takes longer. Where a clause provides for two arbitrators who are to appoint an umpire, the two must appoint a third under section 11(3) (MMTC Ltd. v. Sterlite Industries (India) Ltd., (1996) 6 SCC 716).
An even-numbered tribunal. The rule is not one that makes the award void. In Narayan Prasad Lohia v. Nikunj Kumar Lohia, (2002) 3 SCC 572, two arbitrators decided a family dispute, and the losing side objected only after the award. The Supreme Court held that section 10 is derogable. No objection had been raised under section 16, so the parties had waived it (section 4). The award could not be set aside on that ground.
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