Mumbai University Solved Question Papers
Alternate Dispute Resolution System
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
Nov 2022 - 60/40 Examination
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LLB 3 years Sem 6 Alternate Dispute Resolution System Nov 2022 - 60/40 Question Paper with Solutions
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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 Nov 2022 - 60/40 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Nov 2022 - 60/40 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Nov 2022 - 60/40 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 2 hours · Total marks 60 · 22 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
6 out of 10 · (12 Marks - 2 marks each)
(a)What do you mean by Arbitral Tribunal?[2]
Answer
Meaning. Section 2(1)(d) of the Arbitration and Conciliation Act, 1996 defines an "arbitral tribunal" as "a sole arbitrator or a panel of arbitrators". It is the private body the parties choose to decide their dispute in place of a court.
Its composition.
- Number. The parties are free to fix the number, but it must not be an even number (section 10(1)). If they fix none, there is a sole arbitrator (section 10(2)).
- Appointment. The parties may agree on any procedure. Failing that, in a panel of three each party appoints one and the two appoint the third, who acts as the presiding arbitrator (section 11(3)).
- Decisions. In a panel, decisions are taken by a majority of all its members (section 29(1)).
Its place in the Act. The tribunal rules on its own jurisdiction (section 16) and may grant interim measures (section 17). It conducts the proceedings (sections 18 to 27) and makes the award (section 31).
Narayan Prasad Lohia v. Nikunj Kumar Lohia, (2002) 3 SCC 572. Family members referred their disputes to two arbitrators, who made an award. The Calcutta High Court set it aside because section 10 forbids an even number. The Supreme Court reversed that order. Section 10 can be departed from by agreement, and the parties, who had not objected under section 16, had waived the point (section 4). So the tribunal is whatever body the parties validly agree to make it.
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