Which of the following Section provides for the 'Appealable Orders':
A. Section 34
B. Section 35
C. Section 36
D. Section 37
Select an option to see the answer and solution.
Under section 41, where a party cannot represent himself due to insolvency, he shall be represented by:
A. Official Assignee
B. Arbitrator himself
C. Receiver
D. Both (A) and (C)
Select an option to see the answer and solution.
Part I of the Arbitration and Conciliation Act, 1996 applies where
A. The place of arbitration is in India
B. The place of arbitration is outside India, but is in Asia
C. The place of arbitration is outside India, but is in Europe
D. The place of arbitration is anywhere in the world
Select an option to see the answer and solution.
Inability of counsel to appear due to illness before arbitrator is a ground covered
A. Under section 30 of Arbitration Act, 1940
B. Under section 34(2) of Arbitration and Conciliation Act, 1996
C. Under section 30 of the Limitation Act, 1963
D. Under section 31 of Arbitration and Conciliation Act, 1996
Select an option to see the answer and solution.
The members of Statutory Arbitral Tribunals are appointed by:
A. Parties themselves
B. State
C. Centre
D. None of the above
Select an option to see the answer and solution.
Court under section 2(1)(e), Arbitration and Conciliation Act means
A. Court of Small Causes
B. Principal Civil Court and Civil Court of an inferior grade
C. Principal Civil Court of original jurisdiction
D. All of the above
Select an option to see the answer and solution.
Which of the following section provides for the 'Termination of Arbitral Proceedings':
A. Section 31
B. Section 32
C. Section 33
D. Section 34
Select an option to see the answer and solution.
The Scheme of Conciliation is provided in which Sections of the Act of 1996:
A. Section 40 - 80
B. Section 61 - 81
C. Section 65 - 85
D. Section 64 - 82
Select an option to see the answer and solution.
Section 34 of 1996 Act is analogous to:
A. Section 30 of 1940 Act
B. Section 28 of 1940 Act
C. Section 32 of 1940 Act
D. None of the above
Select an option to see the answer and solution.
Section 9 of the Arbitration and Conciliation Act, 1996 deals with
A. Interim measures by the court
B. Discretionary power of the court
C. Both (A) and (B)
D. None of the above
Select an option to see the answer and solution.
Which one among the following with respect to the law of pleadings and conveyancing is not correct?
A. The rules of pleadings and conveyancing are only directory in nature and not mandatory
B. The rules of pleadings and conveyancing have least binding force
C. The pleadings shall be rejected and adverse order shall be passed in case the fundamental rules of pleadings and conveyancing are not adhered to
D. The rules of pleading and conveyancing have no binding force but in case the same are not followed it shall amount to be a bad instance or pleading and conveyancing
Select an option to see the answer and solution.
In an arbitration, the arbitral tribunal shall decide the dispute submitted to arbitration in accordance with:
A. The substantive law for the time being in force in India
B. Personal opinion and understanding of the arbitrators
C. Either (A) or (B)
D. None of the above
Select an option to see the answer and solution.
Which of the following statement is not correct in relation to an arbitrator:
A. An arbitrator is a judge of the party's own choice
B. The function's of the Arbitrator judicial
C. An Arbitrator should be honest and impartial
D. An arbitrator gives a public judgment called award
Select an option to see the answer and solution.
Any person aggrieved by an award of the Motor Accident Claims Tribunal can prefer an appeal to the
A. High Court
B. Supreme Court
C. District Court
D. Sessions Court
Select an option to see the answer and solution.
According to section 11(9) of the Act in case of appointment of sole or third arbitrator in an international commercial arbitration where the parties belong to different nationalities the Chief Justice of India:
A. May appoint an arbitrator of a nationality other than the nationalities of the parties
B. Himself conducts the proceedings
C. Appoints an Indian national as arbitrator
D. None of the above
Select an option to see the answer and solution.
An arbitral award
A. Must state the reasons upon which it is based
B. Must state the reasons upon which it is based only when the parties have agreed for the same
C. Need not state the reason upon which it is based
D. May state or may not state the reasons upon which it is based as per discretion of the members of the arbitral tribunal
Select an option to see the answer and solution.
If within thirty days the parties fail to appoint their arbitrators, or the arbitrators fail to appoint the third arbitrator, the arbitrator shall be appointed by the
A. National Arbitration Council, New Delhi
B. District Judge of the Lord Court
C. State Legal Services Authority of the State Concerned
D. Chief Justice or a person/institution designated by him
Select an option to see the answer and solution.
In the case of appointment of sole or third arbitrator in an international commercial arbitration, a person
A. Who is of the nationality of the claimant may be appointed as arbitrator
B. Who is of the nationality of the disputant may be appointed as an arbitrator
C. Who is of any nationality irrespective of the nationalities of the parties may be appointed as an arbitrator
D. Who is of a nationality other than the nationalities of the parties may be appointed as an arbitrator
Select an option to see the answer and solution.
The validity of an arbitration agreement does not depend on the number of arbitrators specified therein, as the Act does not suggest the requirement of the number of arbitrators for an arbitration agreement': this was laid down in:
A. Orma Impex Pvt. Ltd. v. Nissari Arb. Pte Ltd., AIR 1999 SC 2871
B. Olympus Super Structures Pvt. Ltd. v. Meena Vijay Kheian, AIR 1999 SC 2102
C. M.M.T.C. Ltd. v. Sterlite Industris (India) Ltd., AIR 1997 SC 605
D. None of the above
Select an option to see the answer and solution.
A written statement of the reasons for the challenge to the arbitral tribunal has to be sent within
A. 15 days of becoming aware of the constitution or the reasons
B. 30 days of becoming aware of the constitution or the reasons
C. 7 days of becoming aware of the constitution or the reasons
D. 60 days of becoming aware of the constitution or the reasons
Select an option to see the answer and solution.