The provision which provides for mutual settlement of dispute by parties before the arbitral tribunal is laid down under:
A. Section 24
B. Section 30
C. Section 29
D. Section 27
Select an option to see the answer and solution.
In Conciliation:
A. The parties come to settlement after the award of the conciliator
B. The parties come to a settlement without making of any award by the conciliator
C. The parties come to any settlement only after the agreement of settlement or conciliation is signed in front of the conciliator
D. All of the above
Select an option to see the answer and solution.
Which among the following options is the main purpose of the Arbitration and Conciliation Act, 1996
A. To comprehensively cover international and commercial arbitration and also conciliation as also domestic arbitration and conciliation
B. To cover only domestic arbitration and conciliation
C. To cover only international arbitration
D. None of above
Select an option to see the answer and solution.
The 'Presiding Arbitrator' is appointed by:
A. Parties to the arbitration agreement
B. The appointed arbitrator by each party
C. The Court
D. Either (A) or (B) or (C)
Select an option to see the answer and solution.
An Arbitration Proceeding is:
A. Administrative in nature
B. Judicial in nature
C. Quasi-Judicial in nature
D. None of the above
Select an option to see the answer and solution.
The pendency of any arbitral proceeding is not a pre-condition in exercise of power by court. The court may grant interim relief before or during arbitral proceedings or at anytime after making of the arbitral award before it is enforced. It was held in case of
A. Om Prakash v. State of Uttar Pradesh, AIR 2010 Uttra 64
B. Globe Co-generation Power Ltd. v. Shri Hirenyakeshi Sahkari Karkhana Niyamit, AIR 2005 Kant 94
C. MCD v. Pradeep Oil Mills Pvt. Ltd., AIR 2010 Del 119
D. None of the above
Select an option to see the answer and solution.
Which Court or Authority has the power to punish any person for contempt of the National Company Law Tribunal:
A. Supreme Court
B. High Court
C. National Company Law Appellate Tribunal
D. National Company Law Tribunal
Select an option to see the answer and solution.
Principle of "accord and satisfaction":
A. Applies to an arbitration agreement
B. Does not apply to a valid agreement
C. Applies when the parties are not related
D. Applies to an "agreement" signed by a minor
Select an option to see the answer and solution.
Section 17 of the Indian Registration Act, 1908 requires registration of:
A. An award creating a right in immovable property worth more than 100 rupees
B. An award creating a right in immovable property worth less than 100 rupees
C. Both (A) and (B)
D. None of the above
Select an option to see the answer and solution.
"International Commercial Arbitration" means an arbitration relating to disputes, where at least one of the parties is:
(1) an individual who is a national of or habitually resident in any country other than India
(2) a body corporate which is incorporated in any country other than India
(3) an association or a body of individuals whose central management and control is exercised in any country other than India
(4) a Government of a foreign country
A. (1) and (2) and not (3) and (4)
B. (1), (2) and (3) and not (4)
C. All the four above
D. None of the above
Select an option to see the answer and solution.
An order refusing to refer the parties to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996 is appealable under:
A. Section 34 of the Act
B. Article 227 of the Constitution of India
C. Section 37 of the Act
D. Section 11 of the Act
Select an option to see the answer and solution.
'Foreign award' implies:
A. Where one of the parties is foreign national
B. Where the award is made in foreign country
C. Where subject-matter international trade
D. All of the above
Select an option to see the answer and solution.
Which of the following is incorrect statement
A. The effect of award being set aside is no longer enforceable by law
B. The setting aside of an award acts as a bar to subsequent arbitral proceeding on the same dispute
C. The setting aside of an arbitral award invalidates the arbitral agreement
D. None of the above
Select an option to see the answer and solution.
Whether an arbitrator under the Arbitration and Conciliation Act has the power to correct and interpret an award after it has been pronounced?
A. No, as the arbitrator becomes functus officio
B. No, as the arbitrator does not have the power of review
C. No, as Section 34 of the Arbitration and Conciliation Act prescribes procedure for setting aside the award
D. Yes, in terms of Section 33 of the Arbitration and Conciliation Act
Select an option to see the answer and solution.
Which part of the Act provides for Conciliation:
A. Part I
B. Part II
C. Part III
D. None of the above
Select an option to see the answer and solution.
Which of the following is incorrect statement:
A. Under section 40, the arbitration agreement shall not be discharged by death of the party
B. Under section 40, where the death occurs during the course of the arbitral proceedings, all the legal representatives are bound by the award
C. Under section 40, the legal representatives are bound by the award if death occurs during the course of proceedings, but after the death a new arbitrator has to be appointed
D. None of the above
Select an option to see the answer and solution.
Under section 48, 'contrary to public policy of India' connotes:
A. Interests of India
B. Justice or morality
C. Fundamental policy of Indian Law
D. All of the above
Select an option to see the answer and solution.
An arbitrator has the power to:
A. Award interest
B. Award costs
C. Determine the question of heirs or legal representatives of a deceased party to the arbitration agreement
D. All of the Above
Select an option to see the answer and solution.
The conciliator is required to be bound by:
A. Principles of natural justice
B. Code of Criminal Procedure, 1973
C. Code of Civil Procedure, 1908
D. Both (A) and (C)
Select an option to see the answer and solution.
Prior to the 1996, in which of the following cases the Court had restricted the power of the arbitration to decide on the question of jurisdiction and consequently if a dispute was raised in respect of jurisdiction almost invariably the parties had to approach courts for adjudication which caused enormous delay:
A. Renusagar Power Co. vs. General Electric Co.
B. Guru Nanak Foundation vs. Rattan Singh & Sons
C. Union of India vs. Shantiram Ghosh
D. Vishwanath Sood vs. Union of India
Select an option to see the answer and solution.