For the purpose of section 5 of the Arbitration and Conciliation Act, 1996, which among the following statements are true:
A. No Judicial authority shall intervene except where so provided in the Act
B. Judicial authority shall intervene
C. Judicial authority shall intervene if Chief Justice of India intends so
D. None of above
Select an option to see the answer and solution.
An arbitrator
A. Must be a person of Indian nationality
B. May be a minor
C. May be of any nationality unless otherwise agreed by the parties
D. May be a person interested in the subject matter
Select an option to see the answer and solution.
Can a foreigner be appointed as arbitrator in a domestic arbitration?
A. Yes
B. No
C. Depends
D. None of the above
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The mandate of an arbitrator shall terminate
A. When he withdraws from his office for any reason
B. When he becomes de jure or de facto unable to act without undue delay
C. When the parties have agreed to terminate arbitrator's authority
D. All of the above
Select an option to see the answer and solution.
Part I of the Act deals with:
A. Domestic Arbitration
B. New York Convention awards
C. UNCITRAL
D. None of the above
Select an option to see the answer and solution.
Interim measure by a court under Arbitration & Concillation Act, 1996, includes
A. Appointment of receiver
B. Securing the amount in dispute in arbitration
C. The preservation, interim custody or sale of goods which are subject-matter of arbitration agreement
D. All of the above
Select an option to see the answer and solution.
Which of the following sections provides "Not with standing anything contained in any other law for the time being in force, the conciliator and the parties shall keep confidential all matters relating to the conciliation proceedings".
A. Section 70
B. Section 75
C. Section 82
D. Section 83
Select an option to see the answer and solution.
'Personal misconduct' connotes:
A. Bias
B. Bribery
C. Having interest in the subject-matter of reference
D. All of the above
Select an option to see the answer and solution.
The present Arbitration and Conciliation Act of 1996 is based on:
A. Constitution of India
B. Guidelines of Supreme Court of India
C. European Commercial Arbitration Procedure
D. UNCITRAL, 1985
Select an option to see the answer and solution.
According to Section 35 of the Act, an Arbitral Award is:
A. Not Final and not binding on the parties and persons claiming under them respectively
B. Final and binding on the parties and persons claiming under them respectively
C. Final and binding only with the approval of the Court
D. Both (A) and (B)
Select an option to see the answer and solution.
Within how much time the two appointed arbitrators will have to appoint the third arbitrator?
A. Within 15 days from the date of their appointment
B. Within 30 days from the date of their appointment
C. Within 45 days from the date of their appointment
D. Within 60 days from the date of their appointment
Select an option to see the answer and solution.
To invoke international commercial arbitration it is necessary that at least one of the parties is:
A. A body corporate which is incorporated in any country other than India
B. Government of a foreign country
C. An individual who is a national of, or habitually resident in any country other than India
D. All of the above
Select an option to see the answer and solution.
In which of the following cases, the Supreme Court held that the prohibition under Section 10 on the appointment of even number of arbitrator is not derogatory to arbitration proceedings in the sense that such a clause in the agreement will not render it invalid:
A. MMTC vs. Sterlite Industries (I) Ltd.
B. Haryana Telecom Industries vs. Sterlite Industries (I) Ltd.
C. K. K. Modi vs. K. M. Modi
D. Jiwan Kumar Lohia vs. Durga Dutt Lohia
Select an option to see the answer and solution.
Under section 32, the principle of res judicata is applicable in:
A. A case having reference to an arbitral Tribunal
B. A suit in a court of law
C. Interim award made by the arbitral Tribunal
D. Only (A) and (B)
Select an option to see the answer and solution.
An arbitrator:
A. Is chosen and paid by the disputant
B. Acts in accordance with privately chosen procedure so far as that is not repugnant to public policy
C. Only (A) is correct
D. Both (A) and (B) are correct
Select an option to see the answer and solution.
Who is competent to stay the execution of the arbitral award?
A. The arbitral tribunal
B. The executing court
C. The High Court
D. The court before whom the application is made under Section 34 of the Arbitration and Conciliation Act, 1996
Select an option to see the answer and solution.
In which of the following cases, it was observed by Bombay High Court that "Arbitration is a forum other than a Court of law for determination of disputes and differences after hearing both the sides in a judicial manner":
A. Union of India vs. D. P. Wadia and Sons
B. Kunta Mulla Reddy vs. Soma Srinivas
C. F.W.D & vs. Hiralal
D. Singh vs. Singh
Select an option to see the answer and solution.
Before the enactment of Arbitration and Conciliation Act, 1996 which Act has been applicable in India for arbitration procedure
A. The Arbitration Act, 1940
B. The Code of Civil Procedure, 1908
C. The General Clauses Act, 1897
D. None of the above
Select an option to see the answer and solution.
The framing of the Arbitration and Conciliation Act, 1996 has been inspired from:
A. UNCITRAL
B. Rules of the International Chamber of Commerce (ICC)
C. UNCTAD
D. None of the above
Select an option to see the answer and solution.
Which one among the following is not the binding/operative part of conveyance?
A. Parcels
B. Exceptions
C. Reservations
D. Recital
Select an option to see the answer and solution.