Which of the following section provides for 'Statement of Claim and Defence':
A. Section 20
B. Section 22
C. Section 23
D. Section 25
Select an option to see the answer and solution.
The Arbitration and Conciliation (Amendment) Act, 2015 got the assent of the President on
A. 23rd October, 2015
B. 31st December, 2015
C. 23rd September, 2016
D. None of the above
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Who can appoint the arbitrator pursuant to an Arbitration Agreement of reference of disputes to a sole arbitrator?
A. The parties to the Arbitration Agreement or the person/body if any mentioned in the Arbitration Agreement
B. Court or any person or institution designated by such Court
C. Chief Justice of the High Court or the Supreme Court as the case may be
D. Both (A) and (B)
Select an option to see the answer and solution.
Which of the following is incorrect statement:
A. Conciliation is a process where one party of dispute initiates and other party assents to adopt
B. Conciliation is a method of settlement
C. Conciliation applies to contractual dispute only
D. None of the above
Select an option to see the answer and solution.
Parties 'A' and 'B' have agreed on the seat of arbitration. The same
A. Can be changed by the Arbitral Tribunal unilaterally
B. Cannot be changed at all
C. Can be changed by the agreement of parties
D. Cannot be changed by the parties unless Arbitral Tribunal permits
Select an option to see the answer and solution.
An appeal shall lie from which of the following orders to the court authorised by law to hear appeals from original decrees of the court passing the order:
A. Granting or refusing to grant any measure under section 9
B. Setting aside or refusing to set aside on arbitral award under section 34
C. Only (A) is correct
D. Both (A) and (B) are correct
Select an option to see the answer and solution.
According to Sec 31 of the Act, an arbitral award:
A. Shall be made in writing
B. Shall be signed by the members of the arbitral tribunal
C. Shall state the reasons upon which it is based
D. All of the above
Select an option to see the answer and solution.
The power of appointment of arbitrator in exercise of power under section 11(6) of 1996 Act by the Chief Justice or his designate is:
A. A judicial order
B. An administrative order
C. An interim order
D. None of the above
Select an option to see the answer and solution.
Where the challenge to the arbitrator is not successful
A. The arbitral Tribunal shall stay the proceedings giving opportunity to the party to take appropriate legal proceedings against the order
B. The arbitral Tribunal shall continue the arbitral proceedings but shall not make an arbitral award till the disposal of proceedings, if any, initiated by the party challenging the arbitration against the said order
C. The arbitral Tribunal shall continue the arbitral proceedings and make the award
D. The arbitral Tribunal shall continue the proceedings only with the consent of the party who has challenged the arbitrator
Select an option to see the answer and solution.
Under section 7, Arbitration and Conciliation Act, 1996, an arbitration agreement
A. Shall be in writing
B. May be oral
C. Either in writing or oral
D. Neither in writing nor oral
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The mandate of an arbitrator shall terminate if:
A. He becomes de jure or de facto unable to perform his functions or for other reasons fails to act without undue delay
B. He withdraws from his office or the parties agree to the termination of his mandate
C. Both (A) and (B) are correct
D. Only (B) is correct
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If there is no agreement between the parties to an arbitration proceeding in respect of number of arbitrators, there shall be
A. One arbitrator
B. Two arbitrators
C. Three arbitrators
D. Five arbitrators
Select an option to see the answer and solution.
Section 18 of the Act provides that
A. The parties shall be treated with equality and each party shall be given a full opportunity to present his case
B. The right and powers of the parties to determine the rules of procedure
C. The parties are free to agree upon the language or languages to be used in the arbitral proceedings
D. The parties are free to agree on the place of arbitration
Select an option to see the answer and solution.
A institutes a suit against B with respect to disputes arising out of an agreement entered into with B. The said agreement provides for arbitration of all disputes including the disputes subject matter of suit. The court before which the suit comes up for admission
A. Will dismiss the suit
B. Willrefer to disputes and the parties to arbitration
C. Will admit the suit if otherwise maintainable in law
D. Will direct the plaintiff to approach the High Court under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of arbitrator
Select an option to see the answer and solution.
Under Section 82 of the 1996 Act, which of the following Court can make rules consistent with the provisions of the Act.
A. District Court
B. High Court
C. Supreme Court
D. All of the above
Select an option to see the answer and solution.
The expression 'costs' under section 31 means reasonable costs relating to:
A. Fees and expenses of the arbitrators
B. Administration fees of the institution supervising the arbitration
C. Only (A)
D. Both (A) and (B)
Select an option to see the answer and solution.
An arbitrator cannot make corrections or alterations once an award is published as a completed instrument. An arbitrator can however, make alterations in the award to correct:
A. Computation errors
B. Clerical or Typographical error
C. Any error arising from any accidental slip or omission or any error which is apparent on the face of the award
D. All of the Above
Select an option to see the answer and solution.
Section 13 of Arbitration and Conciliation Act, 1996 lays down:
A. The termination of mandate of arbitrator
B. The procedure for challenging an arbitration
C. Powers of arbitral tribunal
D. None of the above
Select an option to see the answer and solution.
Conciliation proceedings under the Arbitration and Conciliation Act, 1996 commence when:
A. One party sends invitation to conciliate to the other party
B. The other party accepts the invitation to conciliate in writing
C. The party inviting conciliation does not receive a reply within 30 days of invitation
D. The party inviting conciliation does not receive a reply within the time specified in the invitation
Select an option to see the answer and solution.
Which among the following are covered within 'Arbitration Agreement' as per Section 7 of the Arbitration and Conciliation Act 1996?
1. Oral agreement.
2. It may be in the form of a separate agreement.
3. Agreement by parties to submit the disputes which have arisen.
4. Agreement by parties to submit the disputes which may arise.
Select the correct answer using the given below.
A. 1, 2 and 3
B. 2, 3 and 4
C. 3 and 4 only
D. 1 and 4
Select an option to see the answer and solution.