I requires the Model Question Paper of All India Bar Examination while preparing for exam . So please provide this paper here /

As per your request I am here providing you Model Question Paper of All India Bar Examination.

Model Question Paper:

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.


Question 5: A, a party to a dispute, consented to arbitration by an arbitral tribunal in
accordance with the terms of the arbitration agreement. A participated in the
arbitration proceedings, but later wishes to take the plea that there was no arbitration
clause in her agreement with the other party to the dispute, B. Can A take such a
plea?
Principle: In view of the principles of acquiescence and estoppel, it is not permissible
for a party to challenge an arbitration clause after proceeding in an arbitration
proceeding.
Options:
(a) A can take the plea that there was no arbitration clause at any time after the
award of the tribunal.
(b) A has acquiesced to the arbitration by participating in the arbitration
proceedings, and cannot now take the plea that there was not arbitration
clause.
(c) A cannot take the plea that there was no arbitration clause, but can choose
whether or not to follow the arbitral award.
(d) A can take the plea that the arbitration proceedings were not validly
conducted.
(e) A can take the plea that there was no arbitration clause only if B agrees to do the same.



Here is the attachment.

Attached Files

All India Bar Exam Question Paper.pdf (353.7 KB, 100 views)