Under what provision of the Arbitration and Conciliation Act Court can remove arbitrator or umpire?
A. Section 11
B. Section 10
C. Section 8
D. None of them
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The bar under Section 42 of the Arbitration and Conciliation Act 1996 is not applicable to
A. Application under Section 8 of the said Act
B. Application under Section 11 of the said Act
C. Applications under the Act filed in a Court that has no subject jurisdiction
D. All these
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In which of the following cases the Supreme Court categorically stated that powers of the Chief Justice under section 11 are Administrative Power:
A. Sanshin Chemicals Industry vs. Oriental Carbons & Chemicals
B. P. Anand Gajapathi Raju vs. P. V. G Raju
C. Wellington Associates Ltd vs. Kirti Mehta
D. Ador Samai (P) Ltd vs. Peekay Holdings Ltd.
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In an arbitration by three arbitrators where the parties fail to agree upon appointment of arbitrators, under section 11, Arbitration and Conciliation Act, 1996
A. Each party shall appoint one, and the two appointed arbitrators shall appoint the third arbitrator
B. The claimant shall appoint two arbitrators and the disputant shall appoint one
C. The disputant shall appoint two arbitrators and the claimant shall appoint one
D. All the three, to be appointed by the Court
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A petition under section 48 of the Arbitration and Conciliation Act, 1996 against a foreign award must be filed before:
A. District Court having territorial and pecuniary jurisdiction
B. High Court
C. Supreme Court
D. All these
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The commencement of arbitral proceedings is not dependent on interim relief being allowed or denied under section 9 of the Arbitration and Conciliation Act, 1996. Supreme Court in which case held so
A. Firm Ashok Traders v. Gurumukh Das Saluja
B. M.M.T.C. Ltd. v. Sterile Industries (India) Ltd.
C. National Thermal Power Corporation v. Flowmore (P) Ltd.
D. Magma Leasing Ltd. v. NEPC Micon Ltd.
Select an option to see the answer and solution.
Section 10 of the act provides that number of arbitrators appointed can be:
A. Two
B. As many as parties determine provided that such number shall not be an even number
C. As many as parties determine
D. None of the above
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Under section 8 of the Arbitration and Conciliation Act 1996, the reference of parties to arbitration is
A. Mandatory
B. Directory
C. Discretionary
D. None of these
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An appeal under Section 37 of the Arbitration and Conciliation Act, 1996 read with Ordinance of 2015 shall lie:
A. Refusing to refer the parties to arbitration under Section 8
B. Granting or refusing to grant any measure under Section 9
C. Setting aside or refusing to set aside an arbitral award under Section 34
D. All these
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Part III of the Act, shows the importance of:
A. Voluntary conciliation
B. Involuntary conciliation
C. Directive conciliation
D. None of the above
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The mandate of arbitral tribunal terminates with the making of award. However, he can resume the proceeding for
A. Making correction in the award
B. Giving interpretation of the award
C. Making an additional award on the issues left undecided
D. All of the above
Select an option to see the answer and solution.
An appeal against an order allowing an application under Section 8 of the Arbitration & Conciliation Act
A. Lies to the Court authorized by law to hear appeals from the original decrees of the Court allowing the application
B. Does not lie
C. Lies only to the High Court
D. Lies only to the Supreme Court
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What is the maximum number of Conciliators allowed in a concelations proceeding
A. 1
B. 2
C. 5
D. None of the Above
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In which of the following cases, the Supreme Court distinguished arbitration from expert determination?
A. K. K. Modi v. K. N. Modi
B. Bhatia International v. Bulk Trading
C. Bharat Aluminum Co v. Kaiser Aluminum Technical Service
D. None of the above
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The arbitral tribunal can take the assistance of the Court in:
A. Securing the attendance of witnesses
B. For the production of documents
C. Both (A) and (B)
D. Only (A)
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Reference in a contract to a document containing an arbitration clause
A. Does not constitute an arbitration agreement
B. Constitutes an arbitration agreement if the contract is in writing and the reference is such as to make that arbitration clause part of the contract
C. constitutes an arbitration agreement where the contract though oral, the reference is such as to make that arbitration clause part of the contract
D. Either (B) or (C)
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The 'appointment of arbitrators' is provided under:
A. Section 9
B. Section 10
C. Section 11
D. None of the above
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Which of the following is incorrect statement:
A. The conciliator shall assist the parties in an independent and impartial manner
B. The conciliator can make proposals for settlement but it has to be accompanied by the statement of reasons
C. The conciliator shall be guided by principle of objectivity, fairness and justice
D. None of the above
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Which of the following section provides for the 'Enforcement of an Award':
A. Section 33
B. Section 34
C. Section 35
D. Section 36
Select an option to see the answer and solution.
An arbitrator is not bound to follow which of the following enactments?
A. Civil Procedure Code and Criminal Procedure Code
B. Civil Procedure Code and the Indian Evidence Act
C. Criminal Procedure Code and the Indian Evidence Act
D. None of the above
Select an option to see the answer and solution.