Section 43 deals with:
A. Jurisdiction
B. Limitation
C. Finality of arbitral award
D. None of the above
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According to section 20, the place for arbitration is decided by
A. An agreement between the parties
B. In the absence of any agreement between parties, the arbitral tribunal shall determine the place ofarbitration having regard to the circumstances of the case, including the convenience of the parties
C. In the absence of any agreement between parties, the arbitrator tribunal shall apply to court for the determination of the place of arbitration
D. Either (A) or (B)
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A party shall be precluded from raising the question of jurisdiction of arbitral tribunal
A. Where he has appointed the arbitrator
B. Where he has participated in the appointment of the arbitrator
C. Both (A) and (B)
D. Neither (A) nor (B)
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An arbitral award made under Part I of the Arbitration and Conciliation Act, 1996, shall be considered as a
A. Domestic award
B. Foreign award
C. General award
D. International award
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In which of the following cases a Court may set aside an award:
A. If the arbitrator is guilty of moral turpitude
B. If the arbitrator is guilty of partiality
C. If the arbitrator has acquired an interest in the subject matter unknown to the parties
D. All of the above
Select an option to see the answer and solution.
WhIch article of the Constitution of India authorises the government to enter into an arbitration agreement:
A. Art. 235
B. Art. 299
C. Art. 39
D. Both (A) and (C)
Select an option to see the answer and solution.
Mark the Correct Statement, Under the Act of 1996:
A. Presiding Arbitrator replaces the umpire of the old Act
B. Presiding Arbitrator is a part and parcel of the Arbitral Tribunal while umpire under the old Act was a third person
C. Presiding Arbitrator makes award along with panel of Arbitrator while umpire could make award single handedly when the appointed arbitrators had failed to arrive at a consensus
D. All are correct
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Section 19 of the act provides for determination of rules of procedure for an arbitration proceeding. According to the section
A. The arbitral tribunal shall not be bound by the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872
B. The parties to arbitration are free to determine the procedure for arbitration
C. The power of Arbitral tribunal includes the power to determine the admissibility, relevance, materiality and weight of any evidence
D. All of the above
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The Court is
A. Empowered to grant interim measures after the making of an Arbitral Award but before it is enforced, under Section 9 of the Arbitration & Conciliation Act
B. Empowered to grant interim measures after the making of an Arbitral Award but before it is enforced, under Section 17 of the Arbitration & Conciliation Act
C. Empowered to grant interim measures after the making of an Arbitral Award but before it is enforced, under Section 18 of the Arbitration & Conciliation Act
D. Not empowered to grant interim measures after the making of the Arbitral Award
Select an option to see the answer and solution.
Which one of the following is an incorrect statement?
A. An arbitral award is a contract
B. An arbitral award must be in writing and signed
C. An arbitral award includes an interim award
D. None of the above
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An arbitral award may be set aside by the court if:
A. The arbitral award is in conflict with the public policy of India
B. The subject-matter of dispute is not capable of settlement by arbitration under the law for the time being in force
C. Both (A) and (B) are incorrect
D. Both (A) and (B) are correct
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The parties to the arbitration agreement are residents of Lucknow and Kolkata. The contract was performed at Varanasi. The parties agreed that arbitration proceedings will be conducted at New Delhi and were held at New Delhi. Where will the petition under Section 34 of the Arbitration and Conciliation Act 1996 be filed?
A. Delhi
B. Lucknow
C. Varanasi
D. Kolkata
Select an option to see the answer and solution.
When the mandate of an arbitrator terminate
A. No other arbitrator shall be appointed
B. A substituted arbitrator shall be appointed
C. The matter shall be sent to the court
D. The dispute shall remain undecided by the Arbitrators
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Which of the following matters cannot be referred to arbitration:
A. Dispute relating to the private rights of the parties
B. Dispute arising out of contract between the parties
C. Criminal matter
D. All of the above
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An application for referring the parties to arbitration under section 8, Arbitration and Conciliation Act, 1996, must be accompanied by
A. The original arbitration agreement or a photocopy thereof
B. The original arbitration agreement or a duly certified copy thereof
C. A duly certified copy of the arbitration agreement or a photocopy thereof
D. The original arbitration agreement only
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According to Section 9 of the Act, a party before or during arbitral proceeding or at any time after the making of the arbitral award but before it is enforced, may apply to a court for:
A. Interim measures
B. Cancellation of arbitration proceeding
C. Either (A) or (B)
D. None of the above
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An arbitration agreement providing for arbitration by four arbitrators is, under the Arbitration & Conciliation Act, 1996, to be construed as an agreement for arbitration by:
A. Sole arbitrator
B. Five arbitrators
C. Three arbitrators
D. Four arbitrators
Select an option to see the answer and solution.
An Arbitral Award pursuant to an Arbitration Agreement dated 1st November, 2015 can be set aside under:
A. Section 13 of the Arbitration & Conciliation Act
B. Section 20 of the Arbitration Act
C. Section 34 of the Arbitration & Conciliation Act
D. Sections 15 & 30 of the Arbitration Act
Select an option to see the answer and solution.
In a pending arbitration case, the arbitral tribunal passed an order of interim injunction under Section 17 of the Arbitration and Conciliation Act, 1996 restraining encashment of a Bank Guarantee. The aggrieved party has the iollowing remedies
A. File a review before the arbitrator
B. File an appeal under Section 37 of the Arbitration and Conciliation Act, 1996
C. File a civil suit challenging the interim order
D. None of these
Select an option to see the answer and solution.
The Arbitration and Conciliation Act 1996, Section 18 - 27 states
A. The Conducting of Arbitral Proceedings
B. Receipt and Written Communications
C. Extent of judicial intervention
D. Awarding final decision
Select an option to see the answer and solution.
