A' has let out his property at Delhi to 'B' at a rent of Rs. 3000/- per month on the terms and conditions contained in a registered lease dead. The lease deed provided for arbitration of all disputes between the parties. 'B' fails to vacate the property inspite of expiry of period of lease of two years. 'A' initiates arbitral proceedings under the Arbitration and Conciliation Act, 1996 in accordance with an arbitration clause in the lease deed seeking eviction/ejectment of 'B' from the property
A. The arbitral proceedings are maintainable
B. The arbitration proceedings are not maintainable
C. The arbitral proceedings are maintainable only if 'B' does not object to the same
D. The arbitral proceedings are maintainable with the express consent of 'B'
Select an option to see the answer and solution.
In the absence of an agreement between the parties, the arbitration proceedings are said to have commenced on:
A. The date on which the first party dispatches a notice of request to the second party for referring the dispute to arbitration
B. The date on which a request to refer the dispute to arbitration is received by the second party
C. When one of the parties submit the claim petition before the arbitrator
D. None of these
Select an option to see the answer and solution.
If one party is Indian Company and another is American company and the dispute arises out of legal relationship under contract entered between them, then such dispute falls
A. Under International Commercial Arbitration within the meaning of section 2(f) of Arbitration and Conciliation Act, 1996
B. Under general arbitration within the meaning of section 2(a) of Arbitration Act, 1940
C. Under section 3(b) of Civil Procedure Code, 1908
D. Under section 5(b) of General Clauses Act, 1897
Select an option to see the answer and solution.
The court may set aside an arbitral award only if:
A. An application for setting aside is moved by the party along with the proof to substantiate the grounds for assailing the arbitral award
B. Court on its own i.e. suo motu may set aside the award in certain cases
C. Both (A) and (B)
D. None of the above
Select an option to see the answer and solution.
The principal disadvantages of arbitration are:
A. The arbitrator may be incompetent both in the trade and in the legal aspects of the matter
B. The arbitrator may be biased
C. Injustice may result from the informality of the Procedure
D. All of the above
Select an option to see the answer and solution.
An arbitral award becomes enforceable when
A. The time for making an application for setting aside the arbitral award has expired and no such application has been made
B. An application for setting aside the arbitral award has been refused
C. Either (A) or (B)
D. Neither (A) nor (B)
Select an option to see the answer and solution.
According to Section 39, for any unpaid costs of the Arbitration:
A. The Arbitral Tribunal shall have a lien on the arbitral award
B. The Arbitral Tribunal shall not have a lien on the arbitral award
C. The Arbitral Tribunal shall have lien on the arbitral award with the approval of the Court
D. None of the above
Select an option to see the answer and solution.
An arbitration agreement specifying even number of arbitrators cannot be a sole ground to render arbitration agreement invalid' - this was laid down in:
A. Grid corporation of Orissa Ltd. v. Indian Charge Chrome, AIR 1998 SC 1761
B. K. K. Modi v. K. N. Modi, AIR 1998 SC 1297
C. M.M.T.C. Ltd. v. Sterlite Industries (India) Ltd., AIR 1997 SC 605
D. Sundaram Finance Ltd. v. N.E.P.C. India Ltd., AIR 1999 SC 565
Select an option to see the answer and solution.
The conciliation proceedings are terminated by:
A. 1, 2, 3 and 4
B. 3 and 4 only
C. 1 and 2 only
D. 1, 3 and 4 only
Select an option to see the answer and solution.
Section 5 of the Act, intends:
A. To restrict the scope of judicial intervention
B. To increase the scope of judicial intervention
C. To oust the scope of judicial intervention
D. None of the above
Select an option to see the answer and solution.
After the settlement agreement is reached between the parties to conciliation:
A. The conciliator makes an award stating the reasons thereof
B. The conciliator shall authenticate the settlement agreement and furnish a copy thereof
C. The conciliator shall refer the matter to the tribunal
D. None of the above
Select an option to see the answer and solution.
An Arbitration agreement is deemed to be in writing if it is contained in
A. Only (1) and (2) and not (3)
B. Only (1) and not (2) and (3)
C. All three above
D. None of these
Select an option to see the answer and solution.
The Arbitration and Conciliation Act, 1996 came into force on the:
A. 25th day of December, 1996
B. 25th day of January, 1996
C. 25th day of March, 1996
D. 25th day of May, 1996
Select an option to see the answer and solution.
Under section 7, Arbitration and Conciliation Act, 1996, an arbitration agreement shall be in writing if it is contained in
A. A document signed by the parties
B. An exchange of letters, telex, telegrams or other means of telecommunication which provide a record of the agreement
C. 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 party
D. Either (A) or (B) or (C)
Select an option to see the answer and solution.
An arbitration award under the Arbitration and Conciliation Act, 1996
A. Has the status of a decree immediately on publication/pronouncement thereof
B. Does not have the status of a decree
C. Has the status of a decree only after the time of three months for making an application to set aside the same has expired or such application having been made has been refused
D. Has the status of a decree only after time of three months and a further period of 30 days for making an applicationto set aside the same has expired or such application having been made has been refused
Select an option to see the answer and solution.
Which of the following chapter under the Act provides for the Composition of Arbitration Tribunal:
A. Chapter I
B. Chapter III
C. Chapter IV
D. Chapter V
Select an option to see the answer and solution.
Section 8, Arbitration and Conciliation Act, 1996
A. Bars the court from referring the parties to arbitration once the party has submitted his statement
B. Does not bar the court from referring the parties to arbitration after submission of his statement, where the party who has brought the action does not object
C. Does not bar the court from referring the parties to arbitration after submission of his statement, irrespective of whether the party who has brought the action has any objection to it or not
D. Only (A), and not (B) or (C)
Select an option to see the answer and solution.
Under Limitation Act, the suit filed after prescribed period of limitation then which one is true of them?
A. May be dismissed if objection is raised by the defendant in the W.S.
B. May be dismissed if the objection is raised by the defendant in an application filed under order 7 rule 11 C.P.C. (Code of Civil procedure)
C. The court suo mota may dismiss the suit
D. All of these
Select an option to see the answer and solution.
An application for setting aside an arbitral award must be made by the party after receiving the award within:
A. Three months
B. Thirty days
C. Ninety days
D. Forty days
Select an option to see the answer and solution.
Ad-hoc arbitration can be sought:
A. When the parties involved in commercial transaction choose to incorporate arbitration clause as a part of agreement to refer their future disputes
B. When a dispute that arose between the parties to a business transaction could not be settled through mediation or conciliation
C. When the parties agree to submit to arbitration 'all or any' differences which have arisen or may arise
D. Only (B) and (C)
Select an option to see the answer and solution.
