Which of the following disputes can be adjudicated upon through arbitration?
A. Arising out of legal relations
B. Arising out of contractual relations
C. Arising out of commercial relations
D. All of the above
Select an option to see the answer and solution.
The term "International Commercial Arbitration" means:
A. An arbitration relating to disputes arising out of legal relationships, whether contracted or not, considered as commercial under the law in force in India
B. Where at least one of the parties is an individual who is a national of or habitually resident in any country other than India or a body corporate which is incorporated in any country other than India, or a company or an association or a body of individuals whose central management and control is exercised in any country other than India or the Government of foreign country
C. Both (A) and (B)
D. None of the above
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Arbitration is especially used for:
A. Commercial disputes
B. Public disputes
C. Agricultural disputes
D. Family disputes
Select an option to see the answer and solution.
Section 9 of 1996 Act is identical to:
A. Section 41(b) of 1940 Act
B. Section 40 of 1940 Act
C. Section 39 of 1940 Act
D. None of the above
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Where the parties fail to provide for an odd number of arbitrators, the arbitral tribunal shall consist of
A. Three arbitrators
B. Five arbitrators
C. Sole arbitrator
D. Either (A) or (B) or (C)
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The request for the correction or interpretation of the award by the arbitral Tribunal has to be made by the party:
A. Within sixty days
B. Within thirty days
C. Within ninety days
D. None of the above
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Which of the following form of Arbitration is practised in India:
A. Adhoc arbitration
B. Institutional arbitration
C. Statutory arbitration
D. All of the above
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Where there is a challenge to arbitrator under any procedure agreed upon by the parties, the Arbitral Tribunal shall
A. Send the matter to the court
B. Appoint any other arbitrator at its own discretion
C. Not continue the arbitral proceedings
D. Continue the arbitral proceedings and shall decide on the challenge
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Which of the following is incorrect statement:
A. Revision application is not maintainable against appellate order,
B. The orders of arbitral tribunals are appealable
C. Any right to appeal to the Supreme Court is not prohibited
D. None of the above
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Under the Arbitration and Conciliation Act, 1996, Arbitration Tribunal may direct payment of interest:
A. For whole or part of the period from the date of cause of action till award, but not for the period post the award
B. For whole or part of the period from the date of cause of action till payment is made
C. For the period post the award only when the arbitration clause specifically states that interest shall be awarded
D. Arbitration Tribunal cannot award interest and only Court can direct and award interest
Select an option to see the answer and solution.
Conciliation proceedings are incorporated under:
A. Section 61 to 81 of Part III of the Act
B. Section 60 to 81 of Part III of the Act
C. Section 59 to 86 of Part III of the Act
D. None of the above
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In which of the following case, the Supreme Court of India has held that the parties cannot enter into "jurisdiction clause" and the "arbitration clause" simultaneously as it will have the effect of vesting them with a choice of either going for litigation or arbitration, if the agreement contains any such direction it will be deemed to be an arbitration agreement within the meaning of Section 7 Indian Act and will mandate the parties to go for arbitration:
A. Ador Samia Private Limited vs. Pee Kay Holdings Limited
B. MMTC vs. Sterlite Industries (1) Ltd.
C. Wellingtong Associates Ltd. vs. Kirti Mehta.
D. P. Anand Gajapati Raju vs. P.V.G. Raju
Select an option to see the answer and solution.
On the death of a party to the arbitration an "arbitration agreement" stands
A. Discharged
B. Not Discharged and shall be in such an event enforceable by or against the legal representatives of the deceased
C. Depends upon the discretion of the court to discharge it or not
D. None of the above
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A petition under section 34 of the Arbitration and Conciliation Act, 1996 is filed on the forty firstday after the expiry of limitation prescribed in section 34(c) of the said Act along with an application for condoning the delay. The Court must
A. Condone delay and issue notice of the petition under section 34 of the Arbitration and Conciliation Act, 1996 to the Respondent
B. Issue notice to Respondent only of the application seeking condonation of delay
C. Dismiss the application for condonation of delay as well as petition under section 34 of the Arbitration and Conciliation Act, 1996 on ground of limitation
D. Issue notice of the application seeking condonation of delay as well as of the petition under section 34 of the Arbitration and Conciliation Act, 1996
Select an option to see the answer and solution.
The term "Arbitral Award" is defined under:
A. Section 2(b)
B. Section 2(c)
C. Section 2(d)
D. Section 2(e)
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Which of the following is the material difference between an arbitration agreement and an ordinary contract:
A. In ordinary contract the obligations of the parties to each other cannot in general be specifically enforced and breach of them results only in damages
B. The appropriate remedy for breach of agreement to arbitrate is not damages but its enforcement
C. Both (A) and (B) are correct
D. Both (A) and (B) are incorrect
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He who cannot contract, cannot submit disputes to arbitration, this implies:
A. A person competent to contract cannot submit the dispute to arbitration
B. A person incompetent to contract cannot submit the dispute to arbitration
C. A person incompetent to contract can submit dispute to arbitration
D. Both (A) and (B)
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An application to set aside the arbitral award under the Arbitration and Conciliation Act, 1996 may be made within a time period of the following number of days that have elapsed from the date on which the party making that application had received the arbitral award
A. One month
B. Two months
C. Three months
D. Forty five days
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Under section 10, Arbitration and Conciliation Act, 1996, the parties are free to determine the number of arbitrators, provided that such number
A. Does not exceed three
B. Does not exceed five
C. Does not exceed seven
D. Is not an even number
Select an option to see the answer and solution.
A party seeking interim measures from a Court, would file an application under:
A. Section 8 of the Arbitration and Conciliation Act
B. Section 9 of the Arbitration and Conciliation Act
C. Section 11 of the Arbitration and Conciliation Act
D. Section 17 of the Arbitration and Conciliation Act
Select an option to see the answer and solution.