Arbitration and Conciliation Act, 1996 - Exam PDF

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1. 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).
Your answer is: B. the court


2. The arbitral tribunal has the jurisdiction to rule
A. on its own jurisdiction B. on objections as to the existence of the arbitration
agreement
C. on objection as to the validity of the arbitration D. all of the above.
agreement
Your answer is: D. all of the above.


3. 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.
Your answer is: C. be binding on first party only


4. Private arbitration is also described as:
A. integral arbitration B. consensual arbitration
C. domestic arbitration D. none of the above.
Your answer is: C. domestic arbitration


5. 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).
Your answer is: B. the appointed arbitrator by each party


6. After the arbitral award is made, each party shall be delivered
A. the original award B. a signed copy of the award
C. a photocopy of the award D. an unsigned copy of the award
Your answer is: B. a signed copy of the award


7. While considering the grant of interim measures, the Court may see whether:
A. the applicant has made primafacie case B. the balance of convenience is in his favour
C. he would suffer irreparable injury if such measures are D. all of the above.
not granted.
Your answer is: D. all of the above.


8. Personal misconduct connotes:
A. bias B. bribery
C. having interest in the subject-matter of reference D. all of the above.
Your answer is: C. having interest in the subject-matter of reference


9. 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.
Your answer is: C. sole arbitrator


10. Section 12 of Arbitration and Concilation Act, 1996 deals with
A. procedure for arbitration B. grounds for challange to Arbitrator
C. finality of award l D. none of the above.
Your answer is: C. finality of award l

11. 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 22 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.
Your answer is: C. Arbitration Act, 1940


12. 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.
Your answer is: A. Arbitration agreement is a kind of contract


13. An application for setting aside an arbitral award must be made by the party after
receiving the award within:
A. three months B. thirty days
C. ninety days D. forty days
Your answer is: B. thirty days


14. Right of action which is extinguished by the death of a person includes:
A. suit for damages for wrongful arrest B. suit for specific performance of contract
C. right of damages for defamation D. only (a) and (c).
Your answer is: B. suit for specific performance of contract


15. In the matters governed by Part I of the Arbitration and Conciliation Act, 1996
A. a judicial authority can intervene generally B. a judicial authority shall not intervene under any
circumstances
C. a judicial authority cannot intervene except where so D. either (a) or (c).
provided in this Part
Your answer is: D. either (a) or (c).


16. Which is correct statement:
A. Institutional arbitration has its own set of rules. B. Indian Council of Arbitration is the apex body
C. the rules may provide for domestic or international D. all of the above.
arbitration or for both
Your answer is: D. all of the above.


17. 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).
Your answer is: C. Art. 39


18. During the arbitral proceedings the arbitral tribunal
A. can make interim award B. may require a party to provide appropriate security
C. both (a) and (b) D. either (a) or (b).
Your answer is: D. either (a) or (b).


19. Where the parties fail to provide for an odd number of arbitrators, the arbitral tribunal
shall consist of
A. three arbitrators B. five arbitrators
C. sole arbitrator D. either (a) or (b) or (c).
Your answer is: D. either (a) or (b) or (c).

20. Arbitral proceedings commence
A. on the date on which a request for a dispute to be B. on the date when the respondent gives consent to the
referred to arbitration is received by the respondent appointment of the arbitrator
C. on the date when the arbitrator issues notice of the D. on the date when the statement of claim and written
parties submission of defence is made.
Your answer is: B. on the date when the respondent gives consent to the appointment of the arbitrator


21. A sum directed to be paid by an arbitral award shall carry interest
A. 6% per annum from the date of the award till the date of B. 12% per annum from the date of the award till the date of
payment payment
C. 8% per annum from the date of the award till the date D. 24 % per annum from the date of the award till the date
of payment of payment
Your answer is: C. 8% per annum from the date of the award till the date of payment


22. Court under section 2(1)(e), Arbitration and Conciliation Act means
A. Court of Small Causes B. Principal Civil Court and Civil Court of an inferior grade
C. Principal Civil Court of original jurisdiction D. all of the above
Your answer is: D. all of the above

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