Under the Arbitration and Conciliation Act, 1996, an application for setting aside an arbitral award must be made by the party after receiving the award:
A. Within six months
B. Within three months
C. Within two months
D. Within one month
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Which one of the following is incorrect statement:
A. Conciliation means settling of disputes without litigation
B. The conciliators do not engage in any formal hearing
C. The party comes to settlement only when the award is made by the conciliator
D. None of the above
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An arbitral award:
A. Must be connected with the subject-matter of the dispute arbitrated
B. Must be founded on principle of trust
C. Both (A) and (B) are correct
D. Only (A) is correct
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An application under Section 11 of the Arbitration & Conciliation Act, 1996 can be filed:
A. Only in the High Court
B. In the court of appropriate pecuniary jurisdiction dependent upon the subject matter of the dispute i.e. either before the Civil Judge or the District Judge or High Court
C. In the court of appropriate pecuniary jurisdiction dependent upon the subject-matter of the dispute i.e. either before the Civil Judge or the District Judge or the High Court only if the Chief Justice has delegated his powers under Section 11 to the Civil Judges and the District Judges
D. Either in the Supreme Court or in the High Court
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An arbitration agreement entered into on 1st August 2019, provides for the arbitration to be in accordance with the Arbitration Act 1940.
A. The arbitration would be governed by the provisions of Arbitration and Conciliation Act, 1996
B. The arbitration would be governed by the provisions of Arbitration Act, 1940
C. The arbitration clause is void
D. The arbitration would be governed by the provisions of the Arbitration Act, 1940 as well as of the Arbitration and Conciliation Act, 1996
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In case of three arbitrators, the 'third arbitrator' shall act as:
A. An umpire
B. A Presiding Arbitrator
C. Sole arbitrator
D. None of the above
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An arbitral award shall be enforced in the same manner as if it were a decree of
A. Local authority
B. The court
C. The tribunal
D. Both (B) and (C)
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In a case, where the 'clause is of the appointment of three arbitrators, and the two arbitrators (one appointed by each party) are unable to appoint the third arbitrator within thirty days from the date of their appointment then':
A. The arbitration proceedings would be carried on with two arbitrators so appointed
B. The appointment of the third arbitrator shall be made, upon request of a party, by the chief justice of the high court or any person or institution designated by him
C. The arbitration proceedings stand cancelled
D. None of the above
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In arbitration with 'Sole arbitrator', if the parties fail to agree on the arbitrator within thirty days from receipt of request by one party form the other party to so agree then:
A. The dispute is referred to the court for settlement
B. Upon the request of a party, the appointment shall be made by the Chief Justice of the High Court or any person or institution designated by him
C. Either (A) or (B)
D. None of the above
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A petition for execution of an arbitral award for recover of money by attachment and sale of immovable property of the Judgment Debtor at Delhi is filed at New Delhi though the objections against the arbitral award were dismissed by the Court at Ludhiana and without seeking transfer from the Court. Would the execution petition be maintainable?
A. Yes
B. No
C. Yes, but the proceedings will be stayed till transfer certificate is obtained from the court at Ludhiana
D. Only if judgment debtor waives the requirement of transfer certificate
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Which of the following is an innovative form of Alternative Dispute Resolution mechanism
A. Bar Council of India
B. Election Commission
C. Comptroller and Auditor General
D. Lok Adalat
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Domestic arbitration takes place in India:
A. When the arbitration proceedings, the subject matter of the contract and the merits of the dispute are all governed by Indian law
B. When the cause of action for he dispute arises wholly in India
C. Where the parties are otherwise subject to Indian jurisdiction
D. Either (A) or (B) or (C)
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Unless otherwise agreed by the parties, the arbitral proceedings, in respect of a particular dispute commence on the date:
A. When the arbitrator is appointed by the parties
B. On which a request for that dispute to be referred to arbitration is received by the respondent
C. When the matter is referred to arbitrator for settlement
D. When the arbitrator takes notice of the dispute for further proceedings
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Under the Arbitration and Conciliation Act, 1996, the mandate of arbitral Tribunal terminates:
A. When the arbitrator withdraws from his office
B. The parties agree to terminate his mandate
C. Incompetency of arbitrator
D. All of the above
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Finality to arbitral awards within meaning of section 35 of the Arbitration and Conciliation Act, 1996 shall
A. Not be binding on parties
B. Be binding on government authority
C. Be binding on first party only
D. Be binding on the parties and person claiming under them respectively
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Arbitral proceedings commence
A. On the date on which a request for a dispute to be referred to arbitration is received by the respondent
B. On the date when the respondent gives consent to the appointment of the arbitrator
C. On the date when the arbitrator issues notice of the parties
D. On the date when the statement of claim and written submission of defence is made
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On the very filing of a petition under Section 34 of the Arbitration and Conciliation Act, 1996 for setting aside of an arbitral award in an arbitral proceeding which has commenced after 23rd October, 2015, the
A. Arbitral award becomes inexecutable
B. The arbitral award is eclipsed
C. The arbitral award remains executable unless execution thereof is stayed by the court before which such petition is filed
D. Arbitral award is executable only with the permission of the court before which the petition under Section 34 of the Arbitration and Conciliation Act, 1996 is filed
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In which case the Supreme Court held that under section 34 of the Arbitration and Conciliation Act, 1996 the court can examine the validity of International awards:
A. Oil & Natural Gas Corpn. Ltd. v. Saw Pipes Ltd., (2003) 5 SCC 705
B. Venture Global Engg. v. Satyam Computer Services Ltd., (2008) 4 SCC 190
C. Kailash Rani Dang v. Rakesh Bala Aneja, (2009) 1 SCC 732
D. Union of India v. Tecco Trichy Engineers & Contractors, (2005) 4 SCC 239
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An award made under the Arbitration and Conciliation Act, 1996 under Section 36 is enforceable like a/an
A. Order under the Code of Civil Procedure
B. Judgment under the Code of Civil Procedure
C. Decree under the Code of Civil Procedure
D. None of the above
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The Arbitral Tribunal shall rule
A. At the direction of court
B. On its own discretion
C. At the instruction of parties
D. As per provisions of General Clauses Act, 1897
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