The previous year question paper of AIBE or All India Bar Examination is as follows:

PART I

Subject 1: Alternative Dispute Resolution

Category A


Question 1: Which provision of the Code of Civil Procedure, 1980 (“the CPC”)

specifically provides for the settlement of disputes through alternative dispute

resolution?

Options:

(a) There is no specific provision of the CPC providing for alternative dispute

resolution.

(b) The CPC as a whole provides for alternative dispute resolution.

(c) Section 89 of the CPC expressly provides for settlement of disputes
through

alternative dispute resolution.

(d) It is not the CPC, but rather, the Arbitration Act of 1987 which is the

governing law on alternative dispute resolution in the country today.

(e) Section 5 of the CPC expressly provides for alternative dispute resolution.



Question 2: Which of the following most accurately describes the
requirements of a

valid arbitration agreement under the Arbitration and Conciliation Act, 1996
(“the

Arbitration Act, 1996”)?

Options:

(a) There is no need for parties to a dispute to frame an arbitration
agreement

under the Arbitration Act, 1996 (“the Arbitration Act”).

(b) The parties need not concern themselves with the validity of the
arbitration

agreement.

(c) The provisions of the Indian Contract Act, 1872 (“the Contract Act”), do
not

apply to such agreements.

(d) The arbitration agreement must be valid as per the Contract Act, and the

parties must be competent to contract.

(e) The only requirement is that the parties must be competent to contract;
all

other requirements of validity under the Contract Act are unnecessary.



Question 3: Which of the following most accurately describes the
enforceability of an

arbitral award?

Options:

(a) An arbitral award is not binding on the parties; they may choose to follow
it

if they so wish.

(b) An arbitral award, unless set aside by a court of competent jurisdiction, is

enforceable in the same manner as a decree of a civil court.

(c) An arbitral award can only be enforced if there is a specific direction from
a

court that it should be so enforced.

(d) An arbitral award can be enforced, but only upon an application by the

arbitrator to a court to do so.

(e) An arbitral award cannot be enforced in the case of commercial disputes.



Question 4: Under the Arbitration Act, does the arbitrator have to provide
reasons

for the award?

Options:

(a) An arbitrator must always provide reasons for the award.

(b) An arbitrator need never provide reasons for the award.

(c) An arbitrator need only provide reasons for the award when specifically

requested by the parties to do so.

(d) An arbitrator must always provide reasons for the award, unless the
parties

have agreed that no reasons are to be given, or the award is an arbitral
award

on agreed terms.

(e) An arbitrator must always provide reasons for the award, and the only

exception to this rule is in the case of an arbitral award on agreed terms.

Attached Files

All India Bar Examination Sample Paper.pdf (353.7 KB, 79 views)