According to section 16 of the act, An Arbitral Tribunal is:
A. Competent to rule on its own jurisdiction
B. Not competent to rule on its own jurisdiction
C. Competent to rule on its jurisdiction with the approval of principal Civil Court of the district
D. None of the above
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Which of the following statements is correct:
A. Unless otherwise agreed by the parties, the conciliator shall not act as an arbitrator
B. Unless otherwise agreed by the parties; the conciliator shall not act as a representative or counsel of a party in any arbitral or judicial proceeding in respect of a dispute that is the subject of the conciliation proceedings
C. Unless otherwise agreed by the parties, the conciliator shall not be presented by the parties as a witness in any arbitral or judicial proceedings
D. All of the above
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In a suit for specific performance of an Agreement of Sale of immovable property the defendant along with his written statement files an application under Section 8 of the Arbitration & Conciliation Act for referring the parties to arbitration in accordance with arbitration clause contained in the Agreement to Sell. The plaintiff admits the existence of the arbitration clause as well as that the subject matter of suit is subject matter of such arbitration clause. The Court shall:
A. Dismiss the application on the ground of having not been filed before filing the written statement or taking any other steps in the proceedings
B. Allow the application and refer the parties to arbitration
C. Allow the application and stay further proceedings in the suit with right to the plaintiff to revive the suit if the defendant does not proceed with the arbitration with due diligence
D. Dismiss the application on the ground that claims for specific performance of Agreement to Sell are not arbitrable
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A' files a suit against 'H' for recovery of money due under the agreement, term whereof has since expired, by efflux of time. 'H' files an application under Section 8 of the Arbitration and Conciliation Act, 1996 contending that the agreement contains an arbitration clause. The court would then
A. Dismiss the application and continue with the suit as the agreement including the arbitration clause thereof has expired by efflux of time
B. Refer the parties to arbitration
C. Refer the parties to arbitration only if the plaintiff agrees to such arbitration
D. Refer the parties to the High Court under Section 11 of the Arbitration and Conciliation Act, 1996 for determination if the arbitration needs to be appointed
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Which of the statements is not in accordance with the provisions of the Arbitration and Conciliation Act, 1996?
A. An arbitral award shall be made in writing and shall be signed by the members of the arbitral tribunal
B. In the absence of an agreement between the parties, the arbitral award shall state the reasons upon which it is based
C. After the arbitral award is made, a signed copy shall be delivered to each party
D. The arbitral tribunal shall not, during the arbitral proceedings, make an interim award
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The arbitral tribunal has the jurisdiction to rule
A. On its own jurisdiction
B. On objections as to the existence of the arbitration agreement
C. On objection as to the validity of the arbitration agreement
D. All of the above
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Which of the following statements regarding powers granted under Section 8 of the Arbitration and Conciliation Act 1996, are correct?
1. The application under Section 8 may be filed before the Arbitrator.
2. Section 8 is an instance of the least judicial intervention when there is an arbitration agreement between the parties.
3. When an application under Section 8 is filed before the court, the proceedings before the Arbitrator are stayed.
4. The application under Section 8 shall not be entertained unless it is accompanied by the original arbitration agreement.
Select the correct answer using the given below:
A. 1, 2 and 3
B. 2 and 4 only
C. 3 and 4 only
D. 2, 3 and 4
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The powers of the Chief Justice under Section 11 of the Arbitration and conciliation Act are
A. Administrative powers
B. Judicial powers
C. Extra judicial powers
D. Discretionary powers
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According to section 66 of the Act, a conciliator:
A. Is not bound by the Code of Civil Procedure, 1908
B. Is not bound by the Indian Evidence Act, 1872
C. Is bound by the Code of Civil Procedure, 1908
D. Both (A) and (B)
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In the 'Statement of Claims', the claimant shall state:
A. The facts supporting his claim
B. The points at issue
C. The relief or remedy sought
D. All of the above
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Arbitration is:
A. Settlement of disputes by mutual understanding or agreement by the parties
B. An alternate dispute resolution mechanism
C. A form of Conciliation
D. Both (A) and (B)
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The Arbitration and Conciliation Act, 1996 was enacted taking into consideration:
A. International Chamber of Commerce Rules
B. Model law and conciliation rules adopted by the United Nations Commission on International Trade Law (UNCITRAL)
C. LCIA ( London Court of International Arbitration) India Arbitration Rules
D. Indian Arbitration Act, 1940
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The parties to an arbitration
A. Cannot appoint more than two arbitrators
B. Are free to determine the number of arbitrators provided that such number shall not be an even number
C. Cannot appoint an arbitrator without the leave of the Court
D. Can appoint an uneven number of arbitrators
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The "Arbitral Award" as defined in the Arbitration and Conciliation Act, 1996 includes:
A. Final award
B. Interim award
C. Both final and interim award
D. None of these
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A defendant enters appearance in a money suit and files a petition informing the Court that there exists an arbitration agreement between the parties. However, during pendency of such adjudication by the Court the defendant gets an arbitral tribunal constituted as per the stipulation of the agreement and obtains an award in his favour-
A. The award would be subject to outcome of the suit
B. The award would be invalid
C. The award would become invalid at the option of the plaintiff of the suit
D. The award would be a valid award
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An application under section 8, Arbitration and Conciliation Act, 1996, contemplates
A. A matter pending before the Court
B. A matter pending before a quasi-judicial authority
C. A matter pending before an administrative authority
D. Either (A) or (B) or (C)
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The Arbitration and Conciliation (Amendment) Act 2015 came into force on
A. 23rd October, 2015
B. 31st December, 2015
C. 23rd September, 2015
D. None of the above
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Delay in making an application for setting aside the arbitral award
A. Can be condoned under section 5 of Limitation Act
B. Cannot be condoned by invoking section 5 of Limitation Act
C. May be condoned under section 5 of Limitation Act as per discertion of the court
D. Only (A) and not (B) or (C)
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Arbitration Law recognizes:
A. Principles of Natural Justice
B. Principles of Equity
C. Both (A) and (B)
D. None of the above
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The Conciliation proceeding shall not be terminated in case of:
A. Death of a party
B. Signing of settlement agreement by the parties
C. Restoring to Arbitral/Judicial proceedings
D. All of the above
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