A suit, to challenge appointment of a person as arbitrator by the defendant on the ground of circumstances giving rise to justifiable doubt as to his independence or impartiality, by seeking a decree of declaration of such appointment as null and void, and of permanent injunction restraining arbitration proceedings, is:
A. Maintainable
B. Not maintainable
C. Maintainable only in the High Court
D. Maintainable only in the Supreme Court
Select an option to see the answer and solution.
Termination of conciliation proceedings are laid down under:
A. Section 76
B. Section 74
C. Section 73
D. Section 75
Select an option to see the answer and solution.
Which of the following is not a ground for setting aside an arbitration award under Section 34 of the Arbitration and Conciliation Act, 1996?
A. Incapacity of a party
B. Arbitration agreement not being valid under the law in force
C. Award contains decisions on matters beyond the scope of the submission to arbitration
D. None of these
Select an option to see the answer and solution.
Private aribtration is also described as:
A. Integral arbitration
B. Consensual arbitration
C. Domestic arbitration
D. None of the above
Select an option to see the answer and solution.
The term 'fairness' embodies
A. The concept of justice
B. The concept of good conscience
C. The concept of good equality
D. None of the above
Select an option to see the answer and solution.
The Arbitral proceeding shall stand terminated
A. On making of the final award
B. By an order of the arbitral tribunal
C. When the parties to the dispute agree to terminate proceedings
D. All of the above
Select an option to see the answer and solution.
"Court" as defined in the Arbitration and Conciliation Act, 1996
A. Means the principal Civil Court of Jurisdiction in a district and includes the High Court
B. Includes any Civil Court of a grade Inferior to such principal Civil-Court or any Court of Small Causes
C. Means the Metropolitan Magistrate Court
D. Means the Revenue Courts
Select an option to see the answer and solution.
Under which of the following sections, the act provides for the interim measures ordered by Arbitral tribunal:
A. Section 11
B. Section 15
C. Section 17
D. Section 19
Select an option to see the answer and solution.
An application under section 8 of the Arbitration and Conciliation Act, 1996 is filed by the Defendant after the defendant has filed his written statement on merits and after framing of issues in which no issue qua Arbitrability is framed. The Court must
A. Issue notice of the application to plaintiff and call for reply
B. Allow the application if there is an Arbitration agreement
C. Dismiss the same as not maintainable
D. Frame as issue on the same to be determined at trial
Select an option to see the answer and solution.
The appointment of arbitrator/arbitrators, can be made:
A. By the parties
B. By designated authority
C. By arbitral institution
D. Either (A) or (B) or (C)
Select an option to see the answer and solution.
In a case relating to arbitration the arbitral award was remitted under section 16 of the Arbitration Act, 1940. The date of award was 1st June, 1992. The Arbitration and Conciliation Act came into force on 22th August, 1996. The validity of award can be challenged under the
A. Limitation Act, 1963
B. General Clauses Act, 1897
C. Arbitration Act, 1940
D. Arbitration and Conciliation Act, 1996 only
Select an option to see the answer and solution.
Which of the following Sections enumerates the conditions for the enforcement of Foreign Awards in India:
A. Section 45
B. Section 46
C. Section 47
D. Section 48
Select an option to see the answer and solution.
In which case the Supreme Court held that power to grant interim measure under section 9 of the Arbitration and Conciliation Act, 1996 extends to International arbitration as well:
A. Bhatia International v. Bulk Trading S.A., (2002)4 SCC 105
B. Oil & Natural Gas Corpn. Ltd. v. Saw Pipes Ltd., (2003) 5 SCC 705
C. Konkan Rly. Corpn. Ltd. v. Rani Construction (P) Ltd., (2000) 8 SCC 159
D. Sundaram Finance Ltd. v. NEPC India Ltd., (1999) 2 SCC 479
Select an option to see the answer and solution.
'Foreign award' under section 44 means:
A. That the award must have been made on or after 11th day of October 1960
B. That the award must have been made after 28th day of July 1924
C. That the award must have been made on or after 12th day of December 1971
D. None of the above
Select an option to see the answer and solution.
The petitioner in a petition under Section 34 of the Arbitration and Conciliation Act, 1996 shows that another method of calculating damages was preferable than the one adopted by the Arbitrator. The Court must
A. Set aside the award
B. Remand the award to the Arbitrator for reconsideration
C. Dismiss the petition
D. Award damages on the basis of the other method
Select an option to see the answer and solution.
The definition of 'Arbitral Tribunal' under the Arbitration and Conciliation Act, 1996 means
A. Sole arbitrator or a panel of arbitrators
B. Sole arbitrator only
C. Panel of arbitrators only
D. Presiding officer
Select an option to see the answer and solution.
Section 63 deals with:
A. Number of conciliators
B. Appointment of conciliators
C. Role of conciliators
D. None of the above
Select an option to see the answer and solution.
Which is incorrect statement:
A. Arbitration agreement is a kind of contract
B. Parties to the arbitration must be legal persons
C. Arbitration agreement recognises verbal agreement
D. Both (B) and (C) are incorrect
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
A. On becoming aware of the constitution of the arbitral tribunal
B. On becoming aware of the reasons of challenge after the appointment of the arbitrator
C. Either (A) or (B)
D. Neither (A) nor (B)
Select an option to see the answer and solution.
A party . . . . . . . .
A. Cannot challenge an arbitrator appointed by him
B. May challenge an arbitrator appointed by him for reason of which he becomes aware after the appointment has been made
C. May challenge an arbitrator appointed by him for reason known to him before the appoinment is made
D. May challenge an arbitrator appointed by him irrespective of the reasons being known to him before the appointment or becoming aware of the reasons after the appointment has been made
Select an option to see the answer and solution.
