A Civil Court before which an action is brought in a matter which is subject matter of arbitration, while referring the parties to arbitration on application of the party, is under the Arbitration & Conciliation Act, 1996 required to:
A. Dispose of the suit in terms of said reference
B. Dismiss the suit
C. Decree the suit
D. Stay further proceedings in the suit and adjourn the suit sine die
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An Arbitrator does not have power to:
A. Alter the terms of the arbitration agreement
B. Make ex-gratia payment
C. Award damages otherwise than according to law
D. All of the Above
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'Foreign award' implies:
A. The New York Convention shall apply to the arbitral awards made in state where their recognition and enforcement is sought
B. The New York Convention shall apply to arbitral awards not considered as 'domestic awards' where their recognition and enforcement is sought
C. Both (A) and (B)
D. None of the above
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Where the time for making an application to set aside the arbitral award under section 34 has expired or such application having being made, has be been refused/rejected by the Court:
A. The award shall be enforced as if it were the decree of the Court
B. The award shall not be enforced as a decree of the Court
C. The award shall be enforced as a decree with the declaration of the Court
D. None of the above
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The term "International Commercial Arbitration" is defined under:
A. Section 2(f)
B. Section 2(b)
C. Section 2(c)
D. Section 2(d)
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A sum directed to be paid by an arbitral award shall carry interest
A. @ 6% per annum from the date of the award till the date of payment
B. @ 12% per annum from the date of the award till the date of payment
C. @ 18% per annum from the date of the award till the date of payment
D. @ 24% per annum from the date of the award till the date of payment
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Which provision of the Arbitration and Conciliation Act mandates that Arbitration Agreement shall be in writing?
A. Section 7
B. Section 3
C. Section 8
D. Section 11
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In which of the following cases, the
Supreme Court held that an International Commercial Arbitration is one which has its juridical or legal seat of arbitration outside India
A. Bhatia International v. Bulk Trading S.A., (2002) 4 SCC 105
B. Bharat Aluminium Company v. Kaiser Aluminium Technical Services Inc., (2012) 9 SCC 552
C. Booz Allen and Hamilton Inc. v. SBI Home Finance Limited, (2011) 5 SCC 532
D. Vimal Kishore Shah v. Jayesh Dinesh Shah, (2016) 8 SCC 788
Select an option to see the answer and solution.
Which of the following disputes may not be submitted to conciliation:
A. Disputes on taxation
B. Disputes under personal laws
C. Both (A) and (B)
D. Only (A)
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The evidence which is inadmissible under section 81 is:
A. Admissions made by other party in the course of the conciliation proceedings
B. Proposals made by the conciliator
C. views expressed by the conciliator in course of conciliation proceedings
D. All of the above
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Under section 11, Arbitration and Conciliation Act, 1996, a person for being an arbitrator
A. Must be an Indian national
B. Must be an Indian citizen
C. May be a person of any nationality
D. May be a person of any nationality, except an alien enemy
Select an option to see the answer and solution.
The expression 'International Commercial Arbitration' has been defined in:
A. Section 2(1)(e)
B. Section 2(1)(g)
C. Section 2(1)(f)
D. None of the above
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Conciliation law is adopted on the pattern of:
A. ICADR Rules, 1996
B. Arbitration (Protocol and Convention) Act, 1937
C. UNCITRAL Rules, 1980
D. None of the above
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The arbitral tribunal may arrange for administrative assistance by a suitable
A. Institution
B. Person
C. Either institution or person
D. Neither (A) nor (B)
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The arbitrator in case of international commercial arbitration is appointed by
A. The parties themselves
B. The Attorney-General of India
C. The Chief Justice of India
D. Both (A) and (C)
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Section 30 of the Act lays down the provision for:
A. Mutual settlement of disputes by parties before the arbitral Tribunal
B. Form and content of the interim award
C. Termination of the proceedings of an arbitral Tribunal
D. Correction and interpretation of an arbitral Tribunal
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The Arbitral Tribunal may
A. Appoint one or more experts to report to it on specific issues to be determined by itself
B. Appoint only one expert to report to it on specific issues to be determined by the arbitral Tribunal
C. Appoint a Court Receiver to report specific issues
D. May appoint Court Commissioners to report specific issues
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Section 61 is in pattern of:
A. UNCITRAL Conciliation Rules
B. Arbitration (Protocol and Convention) Act, 1937
C. Geneva Convention
D. None of the above
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The expression 'Arbitration agreement' under section 7 of Arbitration and Conciliation Act, 1996 means
A. Any agreement which have arisen under the Arbitration Act of 1940
B. Any agreement to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, contractual or not
C. Any agreement to submit to arbitration certain disputes of civil nature
D. Any agreement to submit to arbitration certain disputes of criminal nature
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Which convention majorly covers the enforcement of foreign award:
A. New York Convention
B. Geneva Convention
C. Stockholm Convention
D. None of the above
Select an option to see the answer and solution.
