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4 of 100 marks

AIBE 22: ADR & Arbitration

This subject carries 4 marks of the 100-mark paper — a mid-weight subject. Section 45 has 16 questions on it, four times the official count.

Marks in the paper4
Questions here16
Bare act to carryArbitration Act 1996

What to carry, and where to tab

Bring the Arbitration Act 1996, unmarked. Blank index tabs only — anything written on a tab can get the book confiscated. These are the parts this subject actually draws from:

Provisions that recur

Sample questions

Three of the 16, with full explanations. The first ten are free in the app.

An arbitration agreement under the Arbitration and Conciliation Act, 1996 must be:

  1. In writing
  2. Registered
  3. Oral or written
  4. Notarised
Answer & explanation
§ 7 A&C Act

In writing

Section 7 requires the agreement to be in writing, which includes a document signed by the parties, an exchange of letters or electronic communication, or an exchange of statements of claim and defence where existence is alleged and not denied.

Where to find it: A&C Act, Part I, Chapter II

A judicial authority before which an action is brought in a matter subject to an arbitration agreement shall refer the parties to arbitration under:

  1. Section 11
  2. Section 5
  3. Section 8
  4. Section 9
Answer & explanation
§ 8 A&C Act

Section 8

The application must be made not later than the date of submitting the first statement on the substance of the dispute, and must be accompanied by the original arbitration agreement or a certified copy.

Where to find it: A&C Act, Part I, Chapter II

Interim measures by a court in aid of arbitration are granted under:

  1. Section 34
  2. Section 17
  3. Section 11
  4. Section 9
Answer & explanation
§ 9 A&C Act

Section 9

Section 9 covers court-ordered interim measures before, during or after the award but before enforcement. Section 17 gives the arbitral tribunal parallel powers during the proceedings.

Where to find it: A&C Act, Part I, Chapter IV

Practise

Ten questions in ADR & Arbitration free, no card. Each answer cited to both codes with a line telling you where to look in the bare act.

Practise ADR & Arbitration