All India Bar Examination (AIBE) 15-XV Previous Year Question Papers with Answers

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4.

The UNCITRAL Model Law and Rules do not become an aid to construe the provisions of the Act.- held in the case of

A: Union of India Vs East Coast Boat Builders and Engineers Ltd.
B: Union of India Vs M.C. Mehta
C: Tata Press Ltd Vs Union of India
D: Union of India Vs Indian Change Chrome Ltd

The answer is: A

Explanation

The correct option is A: Union of India Vs East Coast Boat Builders and Engineers Ltd.

In this case, the Supreme Court held that the Arbitration and Conciliation Act, 1996 was enacted after taking into account the UNCITRAL Model Law and Rules, but the Model Law and Rules do not become part of the Act so as to become an aid to construe the provisions of the Act. The court also observed that the Act is a complete code in itself and there is no need to refer to any foreign law or international conventions for its interpretation.