LL.B. (Three Years) Sem 6 Alternate Dispute Resolution System May 2026 75/25 Question Paper - Mumbai University | munotes

Questions asked in this paper

Q.1 Q.1: Answer in one or two sentences each (any eight) (12 Marks - 1.5 marks each)

1. (1) What is an arbitration agreement under Section 7 of the Arbitration and Conciliation Act, 1996?
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2. (2) State one difference between arbitration and conciliation.
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3. (3) What is a settlement agreement in conciliation?
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4. (4) Define International Commercial Arbitration.
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5. (5) What is a Permanent Lok Adalat?
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6. (6) What is the function of Section 36 of the Arbitration and Conciliation Act, 1996?
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7. (7) What is the role of an arbitral tribunal?
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8. (8) List 3 objectives of ADR systems.
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9. (9) What is mediation?
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10. (10) What is kompetenz-kompetenz?
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Q.2 Q.2: Write short notes on the following (any two) (12 Marks - 6 marks each)

1. (1) Appointment of Arbitrators.
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2. (2) Seat vs Venue of Arbitration.
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3. (3) Fast track arbitrations.
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4. (4) Negotiation and Mediation.
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Q.3 Q.3: Solve the following situational problems (any two) (12 Marks - 6 marks each)

1. (1) A and B enter into an arbitration agreement. A files a civil suit ignoring the arbitration clause. B applies for reference to arbitration. (a) Can the court refer the matter to arbitration? (b) Which provision governs such a reference?
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2. (2) A dispute concerning electricity billing (a public utility service) is brought before a Permanent Lok Adalat. During the proceedings, the parties fail to reach a settlement. One party argues that the matter must now go to a regular civil court. (a) Can the Permanent Lok Adalat decide the dispute on merits in the absence of a settlement? (b) What is the nature and binding effect of its decision, and how does it differ from a regular Lok Adalat?
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3. (3) A foreign arbitral award is passed in favour of X against Y, an Indian company. X seeks enforcement before an Indian court. Y opposes enforcement on various legal grounds relating to the award. (a) Identify the relevant statutory provisions applicable in this scenario. (b) Discuss the scope of judicial scrutiny available to the Indian court in such cases.
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4. (4) During arbitral proceedings, one party raises objections regarding the independence and impartiality of the arbitrator and seeks appropriate relief before the competent forum. (a) Identify the legal framework governing such objections. (b) Explain the procedure available to a party in such circumstances.
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Q.4 Q.4: Answer in detail (any three) (39 Marks - 13 marks each)

1. (1) Discuss the advantages and shortcomings of various ADR processes.
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2. (2) Examine the role of courts in arbitration proceedings.
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3. (3) Critically analyse the concept of public policy in arbitration law.
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4. (4) Critically examine the grounds for setting aside arbitral awards under Section 34.
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5. (5) Examine the concept, structure and functioning of a Lok Adalat under the Legal Services Authorities Act, 1987. Discuss its advantages, limitations and role in ensuring access to justice.
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