Arbitration And Conciliation Act MCQ

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• Which of the following is not an essential ingredient of a valid Arbitration agreement:
  ক

  The parties must be ad idem

  খ

  There should be an animus arbitrandi

  গ

  The agreement must be in writing

  ঘ

  The agreement must be registered
• A written arbitration agreement is authentic if it is contained in:
  ক

  A document signed by the parties

  খ

  An exchange of letters, telex, telegrams or other means of telecommunication which provide a record of the agreement

  গ

  An exchange of statements of claim and defence in which the existence of the agreement is alleged by one party and not denied by the other

  ঘ

  All the options are correct
• The Arbitration and Conciliation Act was enacted in
  ক

  1908

  খ

  1940

  গ

  1996

  ঘ

  2002
• The settlement agreement can be set aside:
  ক

  On request by a party

  খ

  By the Court if it finds that the subject matter of the dispute is not capable of settlement by conciliation or if the settlement agreement is opposed to the public policy of India

  গ

  Both (A) and (B)

  ঘ

  Only (A)
• Private arbitration is also known as
  ক

  Domestic Arbitration

  খ

  Integral Arbitration

  গ

  Fast track Arbitration

  ঘ

  Consensual Arbitration
• According to Section 63 of the Act, the number of Conciliators:
  ক

  Shall be one

  খ

  Shall be two

  গ

  Shall be one unless the parties agree that there shall be two or three conciliators

  ঘ

  None of the above
• Which of the following statements is correct, so far as Section 9 of the Arbitration and Conciliation Act, 1996 is concerned?
  ক

  A party mav apply to the court for interim measures during the pendency of the arbitration proceedings only

  খ

  A party may apply to the court seeking appointment of receiver by way of interim measures even after the making of the arbitral award by the Arbitral Tribunal

  গ

  A party cannot apply for interim measures before the commencement of arbitral proceedings

  ঘ

  All the above are correct
• Disputes between 'A' and 'B' are referred to arbitration under the Arbitration and Conciliation Act, 1996. The final award is rendered on 1^st June 2019 in favour of 'B'. During the ensuing summer vacations of the Court an urgent situation arises in which 'B' wishes to seek interim relief. 'B' can
  ক

  Approach the arbitral tribunal under Section 17 of the Arbitration and Conciliation Act, 1996 for interim orders

  খ

  Approach the court of competent jurisdiction under Section 9 of the Arbitration and Conciliation Act, 1996 for interim orders

  গ

  Not obtain any interim orders as the final award has been passed

  ঘ

  Approach the Supreme Court for interim orders
• A written statement of the reasons for the challenge to the arbitral tribunal has to be sent within
  ক

  15 days of becoming aware of the constitution or the reasons

  খ

  30 days of becoming aware of the constitution or the reasons

  গ

  7 days of becoming aware of the constitution or the reasons

  ঘ

  60 days of becoming aware of the constitution or the reasons
• The validity of an arbitration agreement does not depend on the number of arbitrators specified therein, as the Act does not suggest the requirement of the number of arbitrators for an arbitration agreement': this was laid down in:
  ক

  Orma Impex Pvt. Ltd. v. Nissari Arb. Pte Ltd., AIR 1999 SC 2871

  খ

  Olympus Super Structures Pvt. Ltd. v. Meena Vijay Kheian, AIR 1999 SC 2102

  গ

  M.M.T.Ltd. v. Sterlite Industris (India) Ltd., AIR 1997 SC 605

  ঘ

  None of the above
• In the case of appointment of sole or third arbitrator in an international commercial arbitration, a person
  ক

  Who is of the nationality of the claimant may be appointed as arbitrator

  খ

  Who is of the nationality of the disputant may be appointed as an arbitrator

  গ

  Who is of any nationality irrespective of the nationalities of the parties may be appointed as an arbitrator

  ঘ

  Who is of a nationality other than the nationalities of the parties may be appointed as an arbitrator
• If within thirty days the parties fail to appoint their arbitrators, or the arbitrators fail to appoint the third arbitrator, the arbitrator shall be appointed by the
  ক

  National Arbitration Council, New Delhi

  খ

  District Judge of the Lord Court

  গ

  State Legal Services Authority of the State Concerned

  ঘ

  Chief Justice or a person/institution designated by him
• An arbitral award
  ক

  Must state the reasons upon which it is based

  খ

  Must state the reasons upon which it is based only when the parties have agreed for the same

  গ

  Need not state the reason upon which it is based

  ঘ

  May state or may not state the reasons upon which it is based as per discretion of the members of the arbitral tribunal
• According to section 11(9) of the Act in case of appointment of sole or third arbitrator in an international commercial arbitration where the parties belong to different nationalities the Chief Justice of India:
  ক

  May appoint an arbitrator of a nationality other than the nationalities of the parties

  খ

  Himself conducts the proceedings

  গ

  Appoints an Indian national as arbitrator

  ঘ

  None of the above
• Any person aggrieved by an award of the Motor Accident Claims Tribunal can prefer an appeal to the
  ক

  High Court

  খ

  Supreme Court

  গ

  District Court

  ঘ

  Sessions Court
• Which of the following statement is not correct in relation to an arbitrator:
  ক

  An arbitrator is a judge of the party's own choice

  খ

  The function's of the Arbitrator judicial

  গ

  An Arbitrator should be honest and impartial

  ঘ

  An arbitrator gives a public judgment called award
• In an arbitration, the arbitral tribunal shall decide the dispute submitted to arbitration in accordance with:
  ক

  The substantive law for the time being in force in India

  খ

  Personal opinion and understanding of the arbitrators

  গ

  Either (A) or (B)

  ঘ

  None of the above
• Which one among the following with respect to the law of pleadings and conveyancing is not correct?
  ক

  The rules of pleadings and conveyancing are only directory in nature and not mandatory

  খ

  The rules of pleadings and conveyancing have least binding force

  গ

  The pleadings shall be rejected and adverse order shall be passed in case the fundamental rules of pleadings and conveyancing are not adhered to

  ঘ

  The rules of pleading and conveyancing have no binding force but in case the same are not followed it shall amount to be a bad instance or pleading and conveyancing
• Section 9 of the Arbitration and Conciliation Act, 1996 deals with
  ক

  Interim measures by the court

  খ

  Discretionary power of the court

  গ

  Both (A) and (B)

  ঘ

  None of the above
• Section 34 of 1996 Act is analogous to:
  ক

  Section 30 of 1940 Act

  খ

  Section 28 of 1940 Act

  গ

  Section 32 of 1940 Act

  ঘ

  None of the above
• The Scheme of Conciliation is provided in which Sections of the Act of 1996:
  ক

  Section 40 - 80

  খ

  Section 61 - 81

  গ

  Section 65 - 85

  ঘ

  Section 64 - 82
• Which of the following section provides for the 'Termination of Arbitral Proceedings':
  ক

  Section 31

  খ

  Section 32

  গ

  Section 33

  ঘ

  Section 34
• Court under section 2(1)(e), Arbitration and Conciliation Act means
  ক

  Court of Small Causes

  খ

  Principal Civil Court and Civil Court of an inferior grade

  গ

  Principal Civil Court of original jurisdiction

  ঘ

  All of the above
• The members of Statutory Arbitral Tribunals are appointed by:
  ক

  Parties themselves

  খ

  State

  গ

  Centre

  ঘ

  None of the above
• Inability of counsel to appear due to illness before arbitrator is a ground covered
  ক

  Under section 30 of Arbitration Act, 1940

  খ

  Under section 34(2) of Arbitration and Conciliation Act, 1996

  গ

  Under section 30 of the Limitation Act, 1963

  ঘ

  Under section 31 of Arbitration and Conciliation Act, 1996
• Part I of the Arbitration and Conciliation Act, 1996 applies where
  ক

  The place of arbitration is in India

  খ

  The place of arbitration is outside India, but is in Asia

  গ

  The place of arbitration is outside India, but is in Europe

  ঘ

  The place of arbitration is anywhere in the world
• Under section 41, where a party cannot represent himself due to insolvency, he shall be represented by:
  ক

  Official Assignee

  খ

  Arbitrator himself

  গ

  Receiver

  ঘ

  Both (A) and (C)
• Which of the following Section provides for the 'Appealable Orders':
  ক

  Section 34

  খ

  Section 35

  গ

  Section 36

  ঘ

  Section 37
• The Arbitral Tribunal shall issue an order for termination of the arbitral proceedings where:
  ক

  Claimant withdraws his claim, unless the respondent objects to the order and the arbitral Tribunal recognises a legitimate interest on his part in obtaining a final settlement of the dispute

  খ

  The parties agree on the termination of the proceedings

  গ

  Arbitral Tribunal finals that the continuation of the proceedings has for any other reason become unnecessary or impossible

  ঘ

  All the above
• Under the Arbitration and Conciliation Act, 1996, in the case of international commercial arbitration 'Court' means:
  ক

  The principal Civil Court of original jurisdiction

  খ

  Small Causes Court

  গ

  The High Court

  ঘ

  None of the above