An arbitration agreement must relate to:
A. Present dispute
B. Past disputes
C. Present or future disputes
D. All of the above
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According to Section 10(2) where the parties fail to determine the number of arbitrators, the arbitration tribunal shall consist of:
A. A sole arbitrator
B. Two arbitrators
C. Five arbitrators
D. Seven arbitrators
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Which is correct statement:
A. Institutional arbitration has its own set of rules
B. Indian Council of Arbitration is the apex body
C. The rules may provide for domestic or international arbitration or for both
D. All of the above
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In the arbitral proceedings, where a party fails to appear at an oral hearing or fails to produce documentary evidence:
A. The Tribunal has no power to continue the proceedings and to give its award
B. The Tribunal shall terminate the arbitral proceedings
C. The Tribunal has power to continue the proceedings and to give its award
D. None of the above
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An award is said to be in conflict with the 'Public Policy' of India:
A. If the award is induced or affected by fraud
B. If the award is induced or affected by corruption
C. Award is in violation of section 75 or 81 of the Act
D. All of the above
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Section 48 lays down the provision for:
A. Foreign award
B. Power of judicial authority to refer parties to arbitration
C. Binding effect of foreign award
D. Conditions for enforcement of foreign awards
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An arbitration clause contained in a deficiently stamped and compulsorily registrable document
A. Is enforcement even without deficient stamp duty being paid
B. Is enforceable only it the deficient stamp duty along with the penalty, if any, is paid
C. Is invalid
D. Is enforceable only if the deficient stamp duty along with the penalty if any is paid and the document is registered
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For condonation of delay in making an application for setting aside the arbitral award
A. Section 34 of the Act is complete in itself
B. Section 5 of the Limitation Act, 1963 is applicable
C. Both (A) and (B)
D. Neither (A) nor (B)
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Which of the Sections provide for the appointment of conciliators:
A. Section 64
B. Section 65
C. Section 66
D. Section 67
Select an option to see the answer and solution.
An arbitration agreement provides for arbitration under the Arbitration and Conciliation Act, 1996 by two arbitrators, one to be appointed by each party
A. The arbitration agreement is void
B. The arbitration agreement is of arbitration by three arbitrators with the third arbitrator to be appointed by the court
C. The arbitration agreement is of arbitration by one arbitrator, either to be appointed jointly by the two parties and if no by the court
D. The arbitration agreement will be enforced as it is
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Section 81 of the Act lays down the provision for:
A. Admissibility of evidence in other proceedings
B. Role of conciliator in other proceedings
C. Power of the High Court to make rules
D. None of the above
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An application for setting aside an arbitral award can be made:
A. Within one month from the date on which the party making application had received the arbitral award
B. Within two months from the date of award
C. Within three months from the date on which the party making application had received the arbitral award
D. Within twelve months from the date of award
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Which of the following section provides for the setting aside of an arbitral award:
A. Section 32
B. Section 33
C. Section 34
D. Section 35
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A 'party' within the meaning of section 2, Arbitration & Conciliation Act, 1996 means
A. Party to the contract
B. Party to the arbitration agreement
C. Party to the suit/proceedings
D. Either (A) or (B) or (C)
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The provision of section 8, Arbitration and Conciliation Act, 1996 are
A. Pre-emptory
B. Directory
C. Discretionary
D. Optional
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Under section 11, Arbitration and Conciliation Act, the arbitrator has to be appointed
A. Within 30 days of the arbitration agreement
B. Within 30 days of arising of the dispute
C. Within 30 days of failure to resolve the dispute of their own
D. Within 30 days from the receipt of request for appointment of arbitrator from the other party
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According section 7(1) an Arbitration Agreement means:
A. An agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship whether contractual or not
B. An agreement by the parties to not to submit to the courts of law all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship whether contractual or not
C. An agreement by the parties to submit to arbitration disputes which have arisen out of contractual relationship
D. None of the above
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The Arbitration and Conciliation Act, 1996 has replaced the
A. Arbitration Act, 1940
B. Arbitration (Protocol and Convention) Act, 1937
C. Foreign Awards (Recognitions and Enforcement) Act, 1961
D. All of the above
Select an option to see the answer and solution.
The party applying for the enforcement of a foreign award shall, at any time of the application, produce before the court-
A. The original award or a copy thereof, duly authenticated in the manner required by law of the country in which it was made
B. The original agreement for arbitration or a duly certified copy thereof
C. Such evidence as may be necessary to prove that the award is a foreign award
D. All the above
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Section 39 deals with:
A. Costs of arbitration
B. Fees for the arbitrators
C. Unpaid costs of arbitration
D. None of the above
Select an option to see the answer and solution.