ALTERNATIVE DISPUTE RESOLUTIONS
QUESTION 1
April 2024 Question One A
(i) With reference to alternative dispute resolutions, explain the term “arbitration agreement”. (2 marks)
(ii) Outline SIX matters which may not be referred to or determined through arbitration.
(6 marks)
QUESTION 2
April 2024 Question Four C
State SIX distinctions between mediation and arbitration. (6 marks)
QUESTION 3
December 2023 Question One D
Disputing parties are encouraged to explore alternative methods to resolve disputes including traditional dispute resolution mechanisms.
Outline SIX benefits that could be derived from the use of these mechanisms in resolving disputes. (6 marks)
QUESTION 4
August 2023 Question Five B
Outline FOUR disadvantages of solving disputes through alternative dispute resolution method. (4 marks)
QUESTION 5
April 2023 Question Four C
With reference to alternative dispute resolution, outline THREE features of arbitration.
(3 marks)
QUESTION 6
December 2022 Question Five B
State FOUR disputes that are not eligible for alternative dispute resolution mechanisms.
(4 marks)
QUESTION 7
August 2022 Question Two B
In the context of solving disputes through alternative dispute resolution:
(i) Explain four advantages of traditional dispute resolution mechanisms. (4 marks)
(ii) Summarise six grounds for setting aside an arbitral award. (6 marks)
QUESTION 8
April 2022 Question Four A
Discuss five potential disadvantages of litigation over alternative forms of dispute resolution. (10 marks)
QUESTION 9
December 2021 Question Two B and C
(b) Explain three key alternative dispute resolution mechanisms. (6 marks)
(c) (i) Describe the term “Dispute Review Board”. (2 marks)
(ii) Highlight three advantages of Dispute Review Boards. (6 marks)
QUESTION 10
December 2021 Pilot Paper Question One C
Article 159 of the Constitution provides alternative disputes resolution (ADR) as a way of solving disputes.
Discuss the advantages of ADR. (5 marks)
QUESTION 11
December 2021 Pilot Paper Question Seven C
Explain limitations of applying traditional methods in solving disputes. (8 marks)
QUESTION 12
May 2021 Question Four B
With reference to negotiation as an alternative dispute resolution (ADR) mechanism:
i) Identify five qualities of a good negotiator. (5 marks)
ii) Outline six objectives of the ADR system. (6 marks)
iii) Explain two types of conciliation. (4 marks)
QUESTION 13
November 2020 Question Four C
Highlight six powers of the arbitrator in a dispute referred to arbitration. (6 marks)
QUESTION 14
November 2019 Question Five A
Describe four circumstances that should exist in order for a mediation to be termed as “International Mediation”. (8 marks)
QUESTION 15
May 2019 Question Six B
Highlight four similarities between “arbitration” and “mediation” as means of resolving commercial disputes. (8 marks)
QUESTION 16
November 2018 Question Five B
List six advantages of using mediation in reaching a settlement in commercial disputes.
(6 marks)
QUESTION 17
May 2018 Question Seven B
Explain two circumstances under which a party might challenge an arbitral award in the High Court. (4 marks)
QUESTION 18
November 2017 Question Five B
(i) Distinguish between “mediation” and “arbitration”. (4 marks)
(ii) Analyse four disadvantages of mediation over civil litigation. (8 marks)
QUESTION 19
May 2017 Question Four B
Discuss five circumstances under which the High Court might set aside an arbitral award.
(10 marks)
QUESTION 20
November 2016 Question Seven A
Discuss the advantages and disadvantages of negotiation as a form of alternative dispute resolution. (10 marks)
QUESTION 21
May 2016 Question One B
Discuss four grounds of an application for judicial review. (8 marks)
QUESTION 22
May 2016 Question Four A
With reference to settlement of disputes through commercial arbitration, summarise the form and content of an arbitral award. (8 marks)
QUESTION 23
Pilot paper 2015 Question Four B
Explain four implied provisions in arbitration agreements. (4 marks)
