Mumbai University Solved Question Papers
Alternate Dispute Resolution System
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
May 2023 Examination
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LLB 3 years Sem 6 Alternate Dispute Resolution System May 2023 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 May 2023 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the May 2023 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the May 2023 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
20 Marks - 2 marks each
(1)Write any two qualifications of an Arbitrator.[2]
Answer
The Arbitration and Conciliation Act, 1996 prescribes no academic or professional degree for an arbitrator. Two qualifications that it does require are these.
- Independence and impartiality. He must not be in any relationship listed in the Seventh Schedule with a party, its counsel or the dispute. Otherwise he is "ineligible to be appointed" (section 12(5)). He must disclose in writing any circumstance likely to raise "justifiable doubts as to his independence or impartiality" (section 12(1)(a)).
- Any qualification the parties agree on. The parties may require, for example, an engineer, a retired judge or a chartered accountant. An arbitrator who "does not possess the qualifications agreed to by the parties" may be challenged (section 12(3)(b)). A court appointing him must have regard to such qualifications (section 11(8)(a)).
Two further points.
- He may be "of any nationality", unless the parties agree otherwise (section 11(1)).
- He must be able to give enough time to finish within twelve months, and must disclose anything that may prevent it (section 12(1)(b)).
HRD Corporation v. GAIL (India) Ltd., (2018) 12 SCC 471. HRD challenged two former Judges appointed as arbitrators. It said one had given an opinion to GAIL and the other had decided an earlier arbitration between the parties. The Supreme Court held that neither fell within the Seventh Schedule, so both were qualified. Independence is judged by the Schedules, not by suspicion.
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