In which of the following cases it was held by the Supreme Court that Part I of the Arbitration and Conciliation Act, 1996 would have no application to International commercial arbitrations held outside India and therefore such awards would only be subject to the jurisdiction of Indian courts when the same are sought to be enforced in India in accordance with Part II of the said Act?
A. Bharat Aluminium Company etc. v. Kaiser Aluminium Technical Service Inc. etc. (Balco), 2012 (9) SCC 552
B. Bhatia International v. Bulk Trading SA and Anr., 2002 (4) SCC 105
C. Sachin Gupta and Anr. v. K. S. Forge Metal Pvt. Ltd., (2013) 10 SCC 540
D. Kanpur Jal Sansthan and Anr. v. Bapu Construction, 2014 (1) SCALE 207
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An Arbitration Agreement between the parties:
A. Must be in the form of a separate Agreement
B. Must be in the form of an arbitration clause in the contract
C. Maybe in the form of arbitration clause in a contract or in form of a separate agreement
D. None of the above
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Every Award of a Lok Adalat is deemed to be
A. Order of district collector
B. Order of Income Tax Commissioner
C. Decree of a civil court
D. (A) and (B)
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Scope and object of section 8 of the Arbitration and Conciliation Act, 1996
A. The same as that of section 34 of the Arbitration Act, 1940
B. Different from that of section 34 of the Arbitration Act, 1940
C. Same or different from that of section 34 of the Arbitration Act, 1940, depending on the facts and circumstances of the case
D. Either (A) or (C)
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Which is the incorrect statement:
The High Court before appointing an arbitrator, shall have due regard to-
A. Qualifications required of the arbitrators by the agreement of the parties
B. Nationality of the arbitrator
C. Other considerations which are likely to secure the appointment of an impartial arbitrator
D. None of the above
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A non signatory to the arbitration agreement can be made party to arbitration proceedings
A. Always
B. Never
C. Under some circumstances/grounds
D. Only on the applicationof such non signatory
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Which is incorrect statement:
A. Court' means principal Civil Court of original jurisdiction in a district
B. Court' also includes any court of a grade inferior to principal Civil Court or any Small Causes Court
C. 'Court' also includes High Court in exercise of its ordinary original civil jurisdiction
D. None of the above
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The 'Principle of Co-operation' is laid down under:
A. Section 71
B. Section 70
C. Section 69
D. None of the above
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An arbitral award may be set aside on proof that;
1. a party was under some incapacity.
2. the arbitration agreement was not valid.
3. the party was unable to present his case as he was not duly served.
4. the award dealt with the partial fact forming submission before the arbitration.
Select the correct answer using the given below:
A. 2 and 4 only
B. 1, 2 and 3 only
C. 1 and 3 only
D. 1, 2, 3 and 4
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An arbitration agreement:
A. Shall be in writing
B. May be in writing or Oral
C. Can be implied from the conduct of the parties
D. None of the above
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Section 12(3) provides the ground for challenging to the arbitrator when:
A. He is not independent or impartial
B. He is a foreign national
C. He is not qualified as per agreement between the parties
D. Both (A) and (C)
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If an award involving the value of one hundred rupees and upwards and concerning immovable property is not registered then:
A. Also it is admissible as evidence
B. It will be inadmissible as evidence
C. Admissible as an evidence with the approval of Court
D. None of the above
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Section 53 has limited application because:
A. It applies to the jurisdiction of different parties to the New York Convention
B. It applies to the jurisdiction of different parties to the Geneva Convention
C. It applies to the jurisdiction of domestic land
D. None of the above
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Which among the following statements is/are correct with respect to Arbitral proceedings?
1. The Arbitral Tribunal can not determine relevance of any evidence
2. The parties are free to agree on the procedure to be followed.
Select the correct answer using the given below:
A. 1 only
B. 2 only
C. Both 1 and 2
D. Neither 1 or 2
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An international commercial arbitration is an arbitration where at least one of the parties is
A. A body corporate incorporated in any country other than India
B. A body of individuals whose central management and control is exercised in any country other than India
C. The Government of a foreign country
D. All these
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The arbitral tribunal has the jurisdiction to
A. Award interest on the whole or part of the money
B. Award interest on the whole of the money only
C. Award interest on part of the money only
D. Either (B) or (C)
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Which of the following is incorrect statement:
A. Like arbitration, conciliation is also another means of setting disputes
B. Like arbitration, prior agreement in writing is required in conciliation
C. Like arbitration, third person is chosen by the parties to resolve the disputes
D. None of the above
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A nomination of an arbitrator is made by a person who is himself ineligible to act as an arbitrator under section 12(5) read with the seventh schedule to be Arbitration and Conciliation Act, 1996. In such a case
A. The nominee cannot act as an arbitrator
B. Such a nomination would be void ab initio
C. Both (A) and (B)
D. Such nomination is valid
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If there is any computation, clerical or typographical errors of a similar nature accruing in the award, then the arbitral tribunal may correct it:
A. On its own initiative, within 30 days from the date of the arbitral award
B. At the request of a party, within 30 days from the receipt of such request
C. Either (A) or (B)
D. None of the above
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An application for setting aside the Arbitral Award is filed under:
A. Section 32 of the Arbitration and Conciliation Act, 1996
B. Section 33 of the Arbitration and Conciliation Act, 1996
C. Section 34 of the Arbitration and Conciliation Act, 1996
D. Section 37 of the Arbitration and Conciliation Act, 1996
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