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LLB 3 years Sem 6 Alternate Dispute Resolution System Apr 2024 - 60/40 Question Paper with Solutions

Mumbai University Solved Question Papers

Alternate Dispute Resolution System

Previous Year Question Paper with Solution

LLB 3 years · Sem 6

Apr 2024 - 60/40 Examination

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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 Apr 2024 - 60/40 examination.

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The Paper as Set

The questions in this volume are the questions asked at the Apr 2024 - 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.

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Q.1

Q.1: Answer in one or two sentences each

any six · (12 Marks - 2 marks each)

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(a)When does the procedure of arbitration end?[2]

Answer

The arbitral procedure ends when the arbitral proceedings are terminated. Under section 32(1) of the Arbitration and Conciliation Act, 1996, they end in one of two ways:

  1. By the final arbitral award, which decides all the claims.
  2. By an order of the arbitral tribunal under section 32(2), which it "shall issue" where:
  • the claimant withdraws his claim, unless the respondent objects and the tribunal recognises his legitimate interest in a final settlement;
  • the parties agree to end the proceedings; or
  • the tribunal finds that continuing has "for any other reason become unnecessary or impossible".

What the end means. The tribunal's mandate ends with the proceedings (section 32(3)). It survives only to correct, interpret or add to the award under section 33. It also survives to resume if the court adjourns a challenge under section 34(4).

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Dani Wooltex Corporation v. Sheil Properties Pvt. Ltd., 2024 INSC 433. An arbitrator ended a claim as abandoned because the claimant had not asked for hearing dates. The Supreme Court agreed with the High Court that this was wrong. A termination under section 32(2)(c) needs a finding, on the record, that continuing is unnecessary or impossible. A claimant's failure to ask for a hearing is not, by itself, abandonment.

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The rest of the answers

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