Which of the Sections provide for the number of conciliations:
A. Section 63
B. Section 64
C. Section 65
D. Section 66
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The provisions of the Arbitration and Conciliation Act, 1996 have to be interpreted being uninfluenced by the principles underlying the 1940 Act. This observation was laid down in
A. M.M.T.C. Ltd. v. Sterlite Industries (India) Ltd.
B. Sunderam Finance Ltd. v. N.E.P.C. Ltd.
C. Olympus Super structures Pvt. Ltd. v. Meera Vijay
D. Orma Impex Pvt. Ltd. v. Nissari Pvt. Ltd.
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An Arbitration Agreement dated 1st December, 2018 provides for reference of disputes to four arbitrators with two to be appointed by each of the parties. The Arbitration Agreement:
A. Is void and non-actionable
B. Is to be construed as being of reference of disputes to a sole arbitrator
C. Is to be construed as being of reference of disputes to three arbitrators
D. Is to be construed as being of reference of disputes to five arbitrators with the fifth arbitrator being nominated by the two arbitrators of each party
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While considering the grant of interim measures, the Court may see whether:
A. The applicant has made prima facie case
B. The balance of convenience is in his favour
C. He would suffer irreparable injury if such measures are not granted
D. All of the above
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Section 53 talks about the arbitration agreement:
A. In general
B. In specific
C. In simplicitor
D. None of the above
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An Arbitration clause which forms the part of contract shall be treated:
A. Dependent upon the contract
B. Independent of the contract
C. Depends on the agreement between the parties to treat such a clause independent or not
D. None of the above
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Which of the following is a characteristic of an arbitration:
A. Quickness of decision
B. Simple procedure
C. Inexpensive
D. All of the above
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Which Section of the 1996 Arbitration Act permits the parties to engage in conciliation process even while the arbitral proceedings are on?
A. Section 30
B. Section 10
C. Section 40
D. Section 20
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Is the statement of law correct that: "An Arbitrator can decide ex aequo et bono"? Tick the most appropriate answer
A. Yes, it is always correct
B. No, it is not correct
C. Yes, it is correct provided only if the parties have expressly authorized the Arbitrator to do so
D. Yes, provided the parties either expressly or impliedly authorized the Arbitrator to do so
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The term "Court" is defined under:
A. Section 2(a)
B. Section 2(b)
C. Section 2(e)
D. Section 2(d)
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In most EU member countries, which of the following is the most visible from of ADR?
A. Mediation
B. Arbitration
C. Litigation
D. Conciliation
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The delay in making an application for setting aside the arbitral award under section 34
A. Cannot be condoned
B. Can be condoned for a maximum period of 30 days
C. Can be condoned for a maximum period of 60 days
D. Can be condoned for a maximum period of 90 days
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The language which is to be used in the arbitral proceedings is decided by
A. The Tribunal
B. Parties to decide by mutual understanding
C. The petitioner
D. The Defendant
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Which one among the following is competent to decide the objection on the mode of appointment of the Arbitrator?
A. The Arbitral Tribunal
B. The competent court of jurisdiction
C. The Chief Justice of the concerned High Court
D. The contesting parties by appointing another Arbitrator
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Which of the following section contains provisions relating to 'Arbitration Agreement':
A. Section 5
B. Section 7
C. Section 8
D. Section 9
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The objective of the EU Directive on mediation is:
A. Reducing back logs of cases at the courts in the member states
B. Dividing the cases between all dispute resolution methods
C. Economical reasons in times of crisis, thus ensuring that mediators will have a proper income
D. Ensuring better access to alternative dispute resolution in cross border commercial conflicts
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The arbitral tribunal may by order terminate the arbitral proceedings when:
A. When parties have mutually agreed to seek termination of arbitral proceedings
B. When the claimant withdraws his disputed case and which is not objected by the respondent
C. When the arbitral Tribunal thinks it is impossible to continue proceedings
D. All of the above
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The word 'arbitration' in 1996 Act connotes the same meaning as contained in:
A. Article 2(d) of Model Law of UNCITRAL
B. Article 2(b) of Model Law of UNCITRAL
C. Article 2(a) of Model Law of UNCITRAL
D. None of above
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Under section 9, interim measures by the court does not include:
A. Appointment of a guardian for a minor or a person of unsound mind for purposes of arbitral proceedings
B. Appointment of receiver
C. Securing the amount in dispute in arbitration
D. None of the above
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Which one of the following principle is associated with "Trial Smelter" case?
A. Principle of sustainable development
B. No state has a right to use or permit the use of its territory so as to cause injury by fumes in the territory of another
C. Redemption of the damaged environment is a part of the process of sustainable development
D. Placing a duty on the State to hold environmental resources in trust for the benefit of public
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