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In a suit for specific performance of an Agreement of Sale of immovable property the defendant along with his written statement files an application under Section 8 of the Arbitration & Conciliation Act for referring the parties to arbitration in accordance with arbitration clause contained in the Agreement to Sell. The plaintiff admits the existence of the arbitration clause as well as that the subject matter of suit is subject matter of such arbitration clause. The Court shall:
In which of the following case, the Supreme Court of India has held that the parties cannot enter into "jurisdiction clause" and the "arbitration clause" simultaneously as it will have the effect of vesting them with a choice of either going for litigation or arbitration, if the agreement contains any such direction it will be deemed to be an arbitration agreement within the meaning of Section 7 Indian Act and will mandate the parties to go for arbitration:
Which among the following are covered within 'Arbitration Agreement' as per Section 7 of the Arbitration and Conciliation Act 1996?
1. Oral agreement.
2. It may be in the form of a separate agreement.
3. Agreement by parties to submit the disputes which have arisen.
4. Agreement by parties to submit the disputes which may arise.
Select the correct answer using the given below.
A Hindu wife files a petition against her husband for dissolution of marriage by a decree of divorce. Immediately after service of summons of the petition and before the filing of written statement the defendant files an application under Section 8 of the Arbitration & Conciliation Act for reference to arbitration in accordance with the arbitration clause in a Settlement Agreement signed by the parties when on an earlier occasion police complaints were made against each other. The wife admits the Arbitration Agreement which encompasses all disputes and differences of any kind between the parties. The Court shall:
An arbitration agreement providing for arbitration by four arbitrators is, under the Arbitration & Conciliation Act, 1996, to be construed as an agreement for arbitration by:
Which of the following statements regarding powers granted under Section 8 of the Arbitration and Conciliation Act 1996, are correct?1. The application under Section 8 may be filed before the Arbitrator.
2. Section 8 is an instance of the least judicial intervention when there is an arbitration agreement between the parties.
3. When an application under Section 8 is filed before the court, the proceedings before the Arbitrator are stayed.
4. The application under Section 8 shall not be entertained unless it is accompanied by the original arbitration agreement.
Select the correct answer using the given below:
Consider the following statements.
(1) The Arbitral Tribunal cannot rule on its own jurisdiction.
(2) Oral arbitration agreement is enforceable.
(3) The parties may choose med-arb as the procedure for settlement of their dispute.
(4) There must be a pre-existing written agreement of arbitration for dispute settlement by arbitration.
Which of the above statements is/are correct?
Consider the following statements:
1. When consent to an agreement is caused by undue influence, the agreement is a contract voidable at the option of the party whose consent was so caused.
2. Where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void.
Which of the statements given above is/are correct?
Which of the following is not an agreement in restraint of trade?
1. A sells the goodwill of his business with an agreement not to carry on a similar business within specified local limits, so long as the buyer carries on a similar business.
2. A sells the goodwill of his business with an agreement not to carry on a similar business within India, so long as the buyer carries on a similar business.
3. A sells the goodwill of his business with an agreement not to practice the same trade for 25 years.
4. A sells the goodwill of his business with an agreement not to engage in any business competing or liable to compete in any way with the business for the time being carried on by the buyer.
An arbitration agreement provides for arbitration under the Arbitration and Conciliation Act, 1996 by two arbitrators, one to be appointed by each party