Arbitration - Test

“TEST BOOKLET”
ARBITRATION & CONCILIATION ACT
PRELIMINARY QUESTIONS
INTRODUCTION
1. 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.
2. Which of the following model law was used by the Indian Arbitration and Conciliation Act 1996?
(a) Constitution of India
(b) Guidelines of Supreme Court of India
(c) European Commercial Arbitration Procedure
(d) UNCITRAL, 1985.
3. Part I of the Arbitration and Conciliation Act, 1996 applies where

(a) the place of arbitration is in India
(b) the place of arbitration is outside India, but is in Asia
(c) the place of arbitration is outside India, but is in Europe
(d) the place of arbitration is anywhere in the world.
4. Court procedure is justice-oriented, whereas ADR‘s merit also lies in the fact that the process is
participatory and solution-oriented‖.
(a) Yes
(b) No
(c) there exist doubt on the given proposition
(d) None of the above
5. In Shakuntla Sawhney v. Kaushalaya Sawhney, [(1979) 3 SCR 232] the Supreme Court has observed
that ―Finest hour of justice is the hour of compromise when parties after burying the hatchet, re-unite
by a reasonable and just compromise‖
Whether this principle has been reflected in the ADR procedures mentioned in the Arbitration and
Conciliation Act 1996?
(a) Yes
(b) No the above principle has nothing to do with Arbitration and Conciliation Act 1996
(c) The above principle has been formulated for CPC and not for Arbitration and Conciliation Act
1996
(d) All of the above
6. ADR stands for —–

(a) Alternate dispute response
(b) Alternative dissolve response
(c) Alternative dispute resolution
(d) Alternative discovery resolution
7. What is need of ADR

(a) Amicable and economical settlement of disputes
(b) Time saving management
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(c) Speedy disposal of dispute
8. An arbitral award made under Part l of the Arbitration and Conciliation Act, 1996 shall be
considered as a:
(a) domestic award
(b) foreign award
(c) general award
(d) international award.
9. 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 provided in this Part
(d) either (a) or (c).
10. Which type of cases is not dealt by Lok Adalat?

(a) Compoundable criminal offences
(b) Family disputes
(c) Non-compoundable criminal offences
(d) Motor accident claims
11. Recourse to a Court against an Arbitral Award may be made only if.
(a) party to the dispute is not happy with the award
(b) Even number of arbitrators were appointed by the parties
(c) A party was unable to present his case
(d) The party is not satisfied with the award passed
12. Delay, unpredictability and cost are considered as three main enemies of efficient administration of
justice.
(a) yes
(b) no
(c) cannot be said
(d) Depend
13. The litigants are always interested in substantive justice and not procedural justice.
(a) true
(b) false
(c) litigants want both procedural as well as substantive justice
14. Indian ADR system is based on the Common law system

(a) false
(b) true
(c) mixed system of Civil and Common law system
(d) Cannot be said
15. ADR techniques include arbitration, conciliation, mediation and negotiation.

(a) yes
(b) no
(c) yes, but Lok Adalat is also a type of ADR system
(d) Cannot be said
16. Arbitration can be ad-hoc, contractual, institutional or statutory

(a) yes
(b) no
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(c) No only contractual
(d) Depend
17. In a contractual arbitration the jurisdiction of courts can be completely ousted under 1996 Act
(a) No
(b) yes, statutory provisions can be ousted
(c) yes, it can be partially ousted
(d) Yes it can be ousted, but for enforcing the award interference of court is needed
18. The provisions of 1996 Act have to be interpreted being uninfluenced by principles underlying
under 1940 Act. This observation was laid down in:
(a) M.M.T.C. Ltd. v. Sterlite Industries (India) Ltd, AIR 1997 SC 605
(b) Sundaram Finance Limited. v. N.E.P.C. India Ltd., AIR 1999 SC 565.
(c) Olympus Super Structures Pvt. Ltd. v. Meemz Vijay Khetan, AIR 1999 SC 2102.
(d) Orma Impex Pvt. Ltd. v. Nissuri Arb. Pte. Ltd., AIR 1999 SC 2871.
19. In which of the following criminal courts, does a jury sit in?
(a) High Court
(b) Crown Court
(c) Magistrates' Court
(d) County Court
20. Which of the following statements is correct?

(a) Magistrates do not usually have any specific legal qualifications.
(b) Magistrates are always solicitors.
(c) Magistrates are either solicitors or barristers.
(d) Magistrates only hear family cases.
21. In which court may a trial for an indictable offence be heard?

(a) The Magistrates' Court.
(b) The High Court.
(c) The Crown Court.
(d) Either the Crown Court or the Magistrates' Court.
22. What type of cases does a county court deal with?

(a) Only divorces.
(b) Minor criminal matters.
(c) A range of civil cases.
(d) Appeal cases.
23. When a case has been heard in the High Court an appeal may be made to which court(s)?
(a) Court of Appeal only.
(b) Supreme Court only.
(c) Court of Appeal or Supreme Court.
(d) European Court of Justice only.
24. Which of the following statements is true?

(a) The European Court of Human Rights is the Court of the European Union.
(b) Applicants can appeal to the Court of Justice from English Courts.
(c) The Court of Appeal is the final court of appeal in England and Wales.
(d) The High Court is divided into three divisions.
25. In order to bring an action before a civil court what type of form must a claimant complete?
(a) A business form.
(b) A civil action.
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(c) A claim form and particulars of claim.
(d) A multi-track claim.
26. Whether a written communication sent over mail id of the addressee can be deemed to have been
received:
(a) No
(b) Yes
(c) Yes, unless otherwise agreed by the parties
(d) None of the above.
27. The Arbitration and Conciliation Act, 1996 extends to:

(a) It shall extend to whole of India, but Parts I, III and IV shall extend to the State of Jammu and
Kashmir only in so far as they relate to international commercial arbitration or, as the case may
be, international commercial conciliation.
(b) It shall extend to whole of India excluding the Union Territories.
(c) It shall extend to the whole of India.
(d) It shall extend only to the State of Jammu and Kashmir.
28. Which are the correct methods of ADR?

(a) Legislation, Arbitration and Negotiation
(b) Negotiation, Legislation and Mediation
(c) Arbitration, Negotiation, Conciliation and Mediation
(d) Legislation and Mediation
29. Committee for implanting Legal Aid Schemes (CILAS 1980) is replaced by
(a) State Legal Service Authority
(b) District Legal Service Authority
(c) National Legal Service Authority
30. Arbitral tribunal has no jurisdiction to issue

(a) Interim award.
(b) Award
(c) Winding up orders
(d) Ex-parte Orders.
31. An application under Section 8 of the Act must be filed by a defendant to the suit:
(a) Before filing written statement to the suit
(b) At the time of filing its written
(c) Any time during the pendency of the suit
(d) Can be filed at any time, but only to challenge the appointment of arbitrator
GENERAL PROVISIONS
32. 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
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33. 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
34. Court under section 2(1)(e), of 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
35. A ‗party‘ within the meaning of section 2, Arbitration & Conciliation Act, 1996 means
(a) party to the contract
(b) party to the arbitration agreement
(c) party to the suit/ proceedings
(d) either (a) or (b) or (c)
36. 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
37. The expression ‗International Commercial Arbitration‘ has been defined in:
(a) section 2(1)(e)
(b) section 2(1)(g)
(c) section 2(1)(f)
(d) none of the above
38. Which is incorrect statement:

(a) ‗Court‘ means principal Civil Court of original jurisdiction in a district.
(b) ‗Court‘ also includes any court of a grade inferior to principal Civil Court or any Small Causes
Court
(c) ‗Court‘ also includes High Court in exercise of its ordinary original civil jurisdiction
39. Which are the correct advantages of Negotiation?

(a) Its Quick, Cheap Process and Privacy.
(b) Cheap Process and Might not come to a decision.
(c) Privacy and Lack of certainty.
(d) Might not come to a decision and its Quick.‘
40. Which of the following are the Stages of negotiations-

(a) Preparation
(b) Opening
(c) Bargaining
41. Authorities under the Industrial Disputes Act,1947-

(a) Boards of conciliation
(b) Conciliation officer
(c) Both (a) and (b)
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42. Stages of mediation - are
(a) Communication
(b) Opening Session
(c) The Negotiation
43. Lok Adalat was introduced in-

(a) 1982
(b) 1984
(c) 1986
44. Award of Lok Adalat is -

(a) Final
(b) Not binding on the parties
(c) Final and binding on the parties
45. The Legal Services Authorities Act, came into force on_____?
(a) 10 October 1996
(b) 19 November 1987
(c) 9 November 1995.
(d) 1 January 1999.
46. The term ―arbitral tribunal‖ is defined under____?

(a) Section 2 (f).
(b) Section 2 (b).
(c) Section 2 (c).
(d) Section 2 (d).
47. When did the Arbitration and Conciliation Act 1996 came into force on______
(a) 10 May 1994
(b) 25 January 1996
(c) 19 November 1995.
(d) 1 January 1999.
48. Which of the following matters are not referred to arbitration?

(a) Civil matters.
(b) Matrimonial matters.
(c) Banking matters.
(d) Property matters.
49. Mediation can be termed as assisted negotiation

(a) No
(b) Yes
(c) yes and the mediator plays the role of a facilitator in attaining cooperation between the parties
to the dispute
(d) Depend
50. Bargaining is a common feature of the negotiation process.

(a) The negotiation process provides the parties an opportunity to exchange ideas, identify the
irritant points of differences, find a solution, and get commitment from each other to reach an
agreement.
(b) Even if a third party negotiator is involved in the process of negotiation, his role would be
limited to inducing the parties to the process of negotiation.
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(c) Mediators would have higher level of involvement in the settlement of disputes when compared
to that of negotiators.
(d) All are true
51. Lok Adalats have been given the powers of a civil court under the Code Civil Procedure.
(a) Yes
(b) No
(c) yes, but with limited jurisdiction
(d) Cannot be said properly
52. What‘s the similarity with mediation and conciliation?

(a) They sound the same
(b) They both use a messenger
(c) They are the same
(d) There is no similarity
53. What‘s an arbitrator‘s role?

(a) Sit and talk
(b) Acts like a judge
(c) Acts like a jury
(d) Acts like a police officer
54. Which are the correct disadvantages of Arbitration?

(a) Legal point, Flexible, Fees expensive and Delays
(b) Fees expensive, Legal point, Delays and Limited appeal
(c) Limited appeal and Its Quick
(d) Flexible
55. The term ―International Commercial Arbitration‖ is defined under

(a) Section 2(1)(f).
(b) Section 2 (b).
(c) Section 2 (c).
(d) Section 2 (d).
56. Which of the following is the most accurate description of arbitration?

(a) An informal meeting between the parties involving a discussion as to how the issue may be
resolved
(b) An adjudicative process where the parties submit their dispute, for a binding decision, to an
impartial tribunal.
(c) A meeting between the parties where an impartial third party facilitates discussions
(d) None of the options given is correct
57. Advantages of Arbitration

(a) Less time consuming
(b) More time consuming
(c) Time pass
(d) Wastage of time
58. ADR plays a significant role in reducing the burden

(a) Upon police station
(b) Upon political parties
(c) Upon underworld
(d) Upon Court
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59. Negotiation is a:
(a) Binding procedure
(b) Non-binding procedure
(c) Prospective binding
(d) Retrospective binding
60. Lok Adalat basically means

(a) Women's court
(b) Men's court
(c) People's court
(d) Children court
61. The power of court to refer parties for arbitration would and must necessarily include, imply and
inhere in it
(a) the power and jurisdiction to advise the parties
(b) the power and jurisdiction to review the award
(c) the power and jurisdiction to appoint the arbitrator
(d) the power and jurisdiction to call for another arbitrator.
62. 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 payment
(b) @ 12% per annum from the date of the award till the date of payment
(c) @18% per annum from the date of the award till the date of payment
(d) @24 % per annum from the date of the award till the date of payment.
63. The award made by the Lok Adalat

(a) is deemed to be a decree of the civil court like arbitration Award
(b) is deemed to be a decree of the civil court
(c) is effective as an Arbitral award
(d) is not binding on the party
64. Which of the following Special Act does not provide for arbitration in respect of disputes covered by
those Acts?
(a) Land Acquisition Act, 1894
(b) The Cantonments Act, 1924
(c) Forward Contracts Regulation Act, 1956
(d) Easement Act, 1882
ARBITRATION AGREEMENT
65. The expression ‗Arbitration agreement‘ under section 7 of Arbitration and Conciliation Act, 1996
means
(a) any agreement which have arisen under the Arbitration Act of 1940
(b) any agreement to submit to arbitration all or certain disputes which have arisen or which may
arise between them in respect of a defined legal relationship, contractual or not
(c) any agreement to submit to arbitration certain disputes of civil nature
(d) any agreement to submit to arbitration certain disputes of criminal nature
66. Which of the following is an 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
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67. Which of the following is an incorrect statement:
(a) Arbitration agreement should be in writing
(b) Arbitration agreement can be in the form of a separate agreement.
(c) The Act does not require that it should be signed by both the parties
68. 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)
69. Under section 7, Arbitration and Conciliation Act, 1996, an arbitration agreement
(a) shall be in writing
(b) may be oral
(c) either in writing or oral
(d) neither in writing nor oral
70. Under section 7, Arbitration and Conciliation Act, 1996, an arbitration agreement shall be in writing
if it is contained in
(a) a document signed by the parties
(b) an exchange of letters, telex, telegrams or other means of telecommunication which provide a
record of the agreement
(c) an exchange of statements of claim and defence in which the existence of the agreement is
alleged by one party and not denied by the other party
71. Scope and object of section 8 of the Arbitration and Conciliation Act, 1996
(a) same as that of section 34 of the Arbitration Act, 1940
(b) different from that of section 34 of the Arbitration Act, 1940
(c) same or different from that of section 34 of the Arbitration Act, 1940, depending on the facts
and circumstances of the case
(d) either (a) or (c)
72. An application for referring the parties to arbitration under section 8, Arbitration and Conciliation
Act, 1996, must be accompanied by
(a) the original arbitration agreement or a photocopy thereof
(b) the original arbitration agreement or a duly certified copy thereof
(c) a duly certified copy of the arbitration agreement or a photocopy thereof
(d) the original arbitration agreement only. Once an application under section 8
73. The provisions of section 8, Arbitration and Conciliation Act, 1996 are
(a) pre-emptory
(b) directory
(c) discretionary
(d) optional
74. Section 8, Arbitration and Conciliation Act, 1996

(a) bars the court from referring the parties to arbitration once the party has submitted his statement
(b) does not bar the court from referring the parties to arbitration after submission of his statement,
where the party who has brought the action does not object
(c) does not bar the court from referring the parties to arbitration after submission of his statement,
irrespective of whether the party who has brought the action has any objection to it or not
(d) only (a), and not (b) or (c)
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75. Section 9 of 1996 Act is identical to:
(a) section 41(b) of 1940 Act
(b) section 40 of 1940 Act
(c) section 39 of 1940 Act
76. Section 9 of 1996 Act deals with:

(a) interim measures by the court
(b) discretionary powers of the court
(c) both (a) and (b)
77. While considering the grant of interim measures, the Court may see whether:
(a) The applicant has made prima-facie case
(b) The balance of convenience is in his favour
(c) He would suffer irreparable injury if such measures are not granted.
78. The court has a jurisdiction to entertain an application for interim measures:
(a) either before arbitral proceeding or after making of the arbitral award
(b) before the arbitral award is enforced
(c) can exercise power suo motu
(d) both (a) and (b)
79. The parties to the arbitration agreement shall appoint arbitrator within:
(a) thirty days
(b) sixty days
(c) forty days
(d) ninety days
80. The validity of an arbitration agreement does not depend on the number of arbitrators specified
therein, as the Act does not suggest the requirement of the number of arbitrators for an arbitration
agreement‘: this was laid down in:
(a) Orma Impex Pvt. Ltd. v. Nissuri Arb. Pte Ltd., AIR 1999 SC 2871
(b) Olympus Super Structures Pvt. Ltd. v. Meena Vijay Khetan, AIR 1999 SC 2102
(c) M.M.T.C. Ltd. v. Sterlite Industris (India) Ltd., AIR 1997 SC 605
(d) none of the above.
81. Which section of the arbitration and conciliation act 1996 deal with the Arbitration agreement?
(a) Section 5
(b) Section 14
(c) Section 7
(d) Section 12
82. 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) neither (a) nor (b) is correct
(d) both (a) and (b) are correct.
83. Arbitral proceedings is respect of a particular dispute commence

(a) on the date on which a request for that 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
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(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.
84. An arbitral award

(a) has to be in writing but need not be signed
(b) has to be in writing and signed by the members of the arbitral tribunal
(c) may be oral
(d) may be in writing but no signature required
85. 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.
86. In case of three arbitrators, the ‗third arbitrator‘ shall act as:
(a) an umpire
(b) a Presiding Arbitrator
(c) sole arbitrator
(d) Assistant Arbitrator
87. As regards the determination of rules of procedure the arbitral tribunal shall not be bound by:
(a) The Indian Evidence Act, 1872 (1 of 1872).
(b) The Code of Civil Procedure, 1908 (5 of 1908)
(c) Both (a) and (b)
COMPOSITION OF ARBITRAL TRIBUNAL

88. A party shall be precluded from raising the question of jurisdiction of arbitral tribunal
(a) where he has appointed the arbitrator
(b) where he has participated in the appointment of the arbitrator
(d) neither (a) nor (b)
89. Reference in a contract to a document containing an arbitration clause

(a) does not constitute an arbitration agreement
(b) constitutes an arbitration agreement if the contract is in writing and the reference is such as to
make that arbitration clause part of the contract
(c) constitutes an arbitration agreement where the contract though oral, the reference is such as to
make that arbitration clause part of the contract
(d) either (b) or (c)
90. The appointment of arbitrator/arbitrators, can be made:

(a) by the parties
(b) by designated authority
(c) by arbitral institution
91. Which is the incorrect statement: The High Court before appointing an arbitrator, shall have due
regard to_________.
(a) qualifications required of the arbitrators by the agreement of the parties
(b) nationality of the arbitrator
(c) other considerations which are likely to secure the appointment of an impartial arbitrator
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92. Under section 10, Arbitration and Conciliation Act, 1996, the parties are free to determine the
number of ' arbitrators, provided that such number
(a) does not exceed three
(b) does not exceed five
(c) does not exceed seven
(d) shall not an even number
93. Where the parties fail to provide for an odd number of arbitrators, the arbitral tribunal shall consist
of a:
(a) three arbitrators
(b) five arbitrators
(c) sole arbitrator
94. Under section 11, Arbitration and Conciliation Act, 1996, a person for being an arbitrator:
(a) must be an Indian national
(b) must be an Indian citizen
(c) may be a person of any nationality
(d) may be a person of any nationality, except an alien enemy
95. In an arbitration by three arbitrators where the parties fail to agree upon appointment of arbitrators,
under section 11, Arbitration and Conciliation Act, 1996
(a) each party shall appoint one, and the two appointed arbitrators shall appoint the third arbitrator
(b) the claimant shall appoint two arbitrators and the disputant shall appoint one
(c) the disputant shall appoint two arbitrators and the claimant shall appoint one
(d) all the three, to be appointed by the Court
96. In the case of appointment of sole or third arbitrator in an international commercial arbitration, a
person
(a) who is of the nationality of the claimant may be appointed as arbitrator
(b) who is of the nationality of the disputant may be appointed as an arbitrator
(c) who is of any nationality irrespective of the nationalities of the parties may be appointed as an
arbitrator
(d) who is of a nationality other than the nationalities of the parties may be appointed as an
Arbitrator
97. 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 appointment
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
98. The power of appointment of arbitrator in exercise of power under section 11(6) of 1996 Act by the
Chief Justice or his designate is:
(a) a judicial order
(b) an administrative order
(c) an interim order
99. Section 12 of Arbitration and Conciliation Act, 1996 deals with

(a) procedure for arbitration
(b) grounds for challenge to Arbitrator
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(c) finality of award
100. Section 13 of Arbitration and Conciliation Act, 1996 lays down:

(a) the termination of mandate of arbitrator
(b) the procedure for challenging an arbitration
(c) powers of arbitral tribunal
101. Where there is a challenge to arbitrator under any procedure agreed upon by the parties, the Arbitral
Tribunal shall
(a) send the matter to the court
(b) appoint any other arbitrator at its own discretion
(c) not continue the arbitral proceedings
(d) continue the arbitral proceedings and shall decide on the challenge
102. 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
103. When the mandate of an arbitrator terminate

(a) no other arbitrator shall be appointed
(b) a substituted arbitrator shall be appointed
(c) the matter shall be sent to the court
(d) the dispute shall remain undecided by the Arbitrators
104. The arbitral tribunal may by order terminate the arbitral proceedings when:
(a) when parties have mutually agreed to seek termination of arbitral proceedings
(b) when the claimant withdraws his disputed case and which is not objected by the respondent
(c) when the arbitral Tribunal thinks it is impossible to continue proceedings
105. Where the challenge to the arbitrator is not successful

(a) the arbitral Tribunal shall stay the proceedings giving opportunity to the party to take
appropriate legal proceedings against the order
(b) the arbitral Tribunal shall continue the arbitral proceedings but shall not make an arbitral award
till the disposal of proceedings, if any, initiated by the party challenging the arbitration against
the said order
(c) the arbitral Tribunal shall continue the arbitral proceedings and make the award
(d) the arbitral Tribunal shall continue the proceedings only with the consent of the party who has
challenged the arbitrator
106. The power of court to refer parties for arbitration would and must necessarily include, imply and
inhere in it
(a) the power and jurisdiction to advise the parties
(b) the power and jurisdiction to review the award
(c) the power and jurisdiction to appoint the arbitrator
(d) the power and jurisdiction to call for another arbitrator.
107. Where the place of arbitration is situate in India, in international commercial arbitration:
(a) any designation by the parties of the law or legal system of a given country shall be construed,
unless otherwise expressed, as directly referring to the substantive law of that country and not
to its conflict of laws rules;
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(b) failing any designation of the law under clause (a) of sub-section (1) of section 28 by the
parties, the arbitral tribunal shall apply the rules of law it considers to be appropriate given all
the circumstances surrounding the dispute.
(c) the arbitral tribunal shall decide the dispute in accordance with the rules of law designated by
the parties as applicable to the substance of the dispute;
108. If the award is made within a period of ___________ from the date the arbitral tribunal enters upon
the reference, the arbitral tribunal shall be entitled to receive such amount of additional fees as the
parties may agree:
(a) six months
(b) twelve months
(c) three months
(d) nine months
109. A party who intends to challenge an arbitrator shall, ___________after becoming aware of the
constitution of the arbitral tribunal send a written statement of the reasons for the challenge to the
arbitral tribunal:
(a) Within 15 days
(b) Within 5 days
(c) Within 20 days
(d) Within 10 days
110. What are the important International Conventions, applicable to part II of the Act?
(a) New York Convention.
(b) Geneva Convention.
(c) None of the above.
(d) Both the above a and b.
111. The Chairperson of the Arbitration Council of India is appointed under,

(a) Section 43C (1) (a)
(b) Section 45 (1) (a)
(c) Section 34
(d) Section 54
112. Is the Arbitral tribunal Competent to appoint an expert in certain cases-?

(a) Yes
(b) No
(c) Yes, but not properly correct
JURISDICTION OF ARBITRAL TRIBUNALS

113. The Arbitral Tribunal may
(a) appoint one or more experts to report to it on specific issues to be determined by itself
(b) appoint only one expert to report to it on specific issues to be determined by the arbitral
Tribunal
(c) appoint a Court Receiver to report specific issues
(d) may appoint Court Commissioners to report specific issues
114. The request for the correction or interpretation of the award by the arbitral Tribunal has to be made
by the party:
(a) within sixty days
(b) within thirty days
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(c) within ninety days
115. Which statement is True with respect to Jurisdiction in domestic arbitrations?

(a) Arbitrator cannot decide his own jurisdiction
(b) Parties can choose a place of jurisdiction
(c) Only High Courts have the jurisdiction under the A&C Act
(d) Parties can only appoint Arbitrators from a pre-set list given by the High Courts of each state.
116. Sanjay and Mohit partners in a partnership firm make an agreement in writing to refer a dispute
between them in business to an arbitrator. Inspite of this agreement Sanjay files a suit against Mohit
relating to the dispute in a court. With regard to above answer the following questions.
(a) The jurisdiction of court is ousted as a valid arbitration agreement exists
(b) Court has jurisdiction over the matter and it overpowers arbitration agreement and such dispute
cannot be referred to jurisdiction
(c) Sanjay can file an appeal in Court only against arbitral award
(d) The court does not have jurisdiction
117. Which of the following accurately reflects the situation where the County Court and High Court
shares concurrent jurisdiction in a case?
(a) The claimant has the choice as to where proceedings are commenced
(b) The County Court will be allocated to the claimant's case
(c) The High Court will be allocated to the claimant's case
(d) The defendant has the choice as to where proceedings are commenced
118. Which of the following accurately reflects the law regarding defendant admissions under the Civil
Procedure Rules 1998?
(a) At any time, the defence may admit the whole or part of the claimant's case. There are no
formalities to comply with
(b) At any time, the defence may admit the whole or part of the claimant's case. In order to do so,
however, their admission must be in writing
(c) The defence may only admit the whole or part of the claimant's case before the case has gone to
trial. In order to do so the admission must be in writing.
(d) At any time, the defence may admit the whole or part of the claimant's case. In order to do so,
however, their admission must be made orally before a trial judge
119. Mark, a claimant, seeks compensation of £15,000 for personal injury against Claire. Mark's counsel
is aware that the trial may take at least three days. On which track would the case be heard?
(a) Fast track
(b) Small-claims track
(c) Either the fast track or small-claims track
(d) Multi-track
120. Which of the following is not a condition for a Part 36 offer to be valid?
(a) The offer must be pre-approved by the trial judge
(b) The offer must be in writing
(c) The offer must state on its face that it is intended to be a Part 36 offer
(d) The offer must state whether it takes into account any counterclaim
121. Which of the following are the most accurate descriptions of default and summary judgment?
(a) Default judgment occurs where the defendant has filed a defence but the defence has no real
prospect of succeeding. Summary judgment occurs where the defendant has not filed a defence
or an acknowledgement of service
(b) Default judgment and summary judgment are synonymous
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(c) Summary judgment may occur where the defendant has filed a defence but the defence has no
real prospect of succeeding. Default judgment occurs where the defendant has not filed a
defence or an acknowledgement of service
122. The Ombudsman is responsible for investigating what kind of conduct?

(a) Maladministration
(b) Poor administration
(c) Deficient administration
CONDUCT OF ARBITRAL PROCEEDINGS

123. The arbitral tribunal may arrange for administrative assistance
(a) with the consent" of the parties
(b) with the consent of the claimant
(c) without the consent of the parties
(d) of its own, irrespective of the consent of the parties.
124. The arbitral tribunal may arrange for administrative assistance by a suitable
(a) institution
(b) person
(c) either institution or person
125. 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)
126. A plea questioning the jurisdiction of the arbitral tribunal '

(a) must be raised before or at the time of submission of statement of defence
(b) may be raised after the submission of the statement of defence
(c) can be raised at any time before the conclusion of arbitral proceedings
(d) can be raised at any time before the making of arbitral award
127. For condo nation of delay in making an application for setting aside the arbitral award
(a) section 34 of the Act is complete in itself
(b) section 5 of the Limitation Act, 1963 is applicable
128. What should be language in the arbitration proceedings:

(a) The language should be Hindi
(b) The language should be Regional Language
(c) The parties are free to agree upon the language or languages to be used in the arbitral
proceedings.
(d) The language should English
129. What shall be place of Arbitration?

(a) If no place has been agreed upon the place of arbitration shall be determined by the arbitral
tribunal having regard to the circumstances of the case, including the convenience of the
parties.
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(b) The arbitral tribunal may, unless otherwise agreed by the parties, meet at any place it considers
appropriate for consultation among its members, for hearing witnesses, experts or the parties, or
for inspection of documents, goods or other property.
(c) The parties are free to agree on the place of arbitration.
(d) All of the above.
MAKING OF ARBITRAL AWARD AND TERMINATION OF PROCEEDINGS

(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) Both (a) & (b) are incorrect.

(a) must state the reasons upon which it is based
(b) must state the reasons upon which it is based only when the parties have agreed for the same
(c) need not state the reason upon which it is based
(d) may state or may not state the reasons upon which it is based as per discretion of the members
of the arbitral tribunal.
132. 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)
133. An arbitral award becomes enforceable when

(a) the time for making an application for setting aside the arbitral award has expired and no such
application has been made
(b) an application for setting aside the arbitral award has been refused
(c) either (a) or (b)
134. Which one of the following is incorrect statement:

(a) an arbitral award is a contract
(b) an arbitral award must be in writing and signed
(c) an arbitral award includes an interim award
135. The expression ‗costs‘ under section 31 means reasonable costs relating to:
(a) fees and expenses of the arbitrators and witnesses
(b) administration fees of the institution supervising the arbitration
(c) neither (a) nor (b)
(d) Both (a) and (b)
136. 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)
137. The provision for setting aside the arbitral award is laid down under:
(a) section 32 of the Act
(b) section 36 of the Act
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(c) section 34 of the Act
138. An arbitral award may be set aside by the court if:

(a) the arbitral award is in conflict with the public policy of India
(b) the subject-matter of dispute is not capable of settlement by arbitration under the law for the
time being in force
(c) both (a) and (b) are incorrect
(d) both (a) and (b) are correct
139. 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
140. Delay in making an application for setting aside the arbitral award
(a) can be condoned under section 5 of Limitation Act
(b) cannot be condoned by invoking section 5 of Limitation Act
(c) may be condoned under section 5 of Limitation Act as per discretion of the court
(d) only (a) and not (b) or (c)
141. Which of the following is an accurate statement of the courts powers in relation to Alternative
Dispute Resolution (ADR)?
(a) The court can force parties to engage in ADR
(b) The court cannot force parties to engage in ADR and has no power to sanction them for failing
to do so
(c) The court cannot force parties to engage in ADR but does have the power to sanction them for
failing to do so
142. Within what time period must the claim form be served and if not served at the same time, when
must the particulars of claim be served?
(a) The claim form must be served within four months of issuing and the particulars of claim must
be served with it. There is no availability for the particulars to be served after the claim form
(b) The claim form must be served within four weeks of issuing and the particulars of claim must
be served within 7 days if not already served with the claim form
(c) The claim form must be served within four months of issuing and the particulars of claim must
(d) The claim form must be served within four weeks of issuing and the particulars of claim must
143. Which of the following statements in incorrect?

(a) Arbitration is the procedure by which parties refer their dispute to an Arbitrator.
(b) It is common practice for commercial contracts to contain express clauses referring disputes to
arbitration.
(c) Any award given in arbitration is enforceable through the court system.
(d) The parties must have agreed to use the arbitration procedure before a contract is signed.
144. Which of the following is not a type of alternative dispute resolution?

(a) Arbitration.
(b) Court proceedings.
(c) Conciliation.
(d) Mediation.
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145. The mandate of an arbitrator shall:
(a) Be terminated by the death of any party by whom he was appointed.
(b) Be terminated by the death of the counter party.
(c) not be terminated by the death of any party by whom he was appointed
146. The purpose of Arbitration Act is to provide quick redressal to __________by private arbitration.
(a) family disputes
(b) service disputes
(c) commercial disputes
(d) political disputes
147. Unless otherwise agreed by the parties, a party with notice to the other party may request, from the
receipt of the arbitral award, the arbitral tribunal to make an additional arbitral award as to claims
presented in the arbitral proceedings but omitted from the arbitral award.
(a) Within 30 days
(b) Within 45 days
(c) Within 60 days
(d) Within 15 days
148. When an arbitral proceedings shall be terminated:

(a) Final arbitral award
(b) Interim award
(c) Where the arbitral tribunal issue an order for the termination
(d) Only (a) and (c) are correct.
149. The award under the fast track procedure shall be made:
(a) Within a period of three months from the date the arbitral tribunal enters upon the reference.
(b) Within a period of six months from the date the arbitral tribunal enters upon the reference.
(c) Within a period of nine months from the date the arbitral tribunal enters upon the reference.
(d) Within a period of one months from the date the arbitral tribunal enters upon the reference.
150. If the award is not made within the prescribed period of twelve months or extended for a further
period of not exceeding six months the mandate of the arbitrator(s) shall:
(a) Terminate unless the Court has, either prior to or after the expiry of the period so specified,
extended the period.
(b) Suspended unless the Court has. Either prior to or after the expiry of the period so specified,
(c) Not terminate unless the Court has, either prior to or after the expiry of the period so specified,
(d) Continue unless the Court has, either prior to or after the expiry of the period so specified,
151. Where the arbitral tribunal is a sole arbitrator, he shall be entitled to an additional amount of on the
fee payable as per the table set out in Fourth Schedule:
(a) Thirty per cent
(b) Twenty-five per cent
(c) Twenty percent
(d) Fifteen per cent
152. In arbitral proceedings where there more than one arbitrator the decision of the arbitral tribunal:
(a) Shall be made by a majority of all its members.
(b) Shall be made by the chief arbitrator.
(c) Shall be made by a 2/3rd majority of its members.
(d) Shall be made by all its members.
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RECOURSE AGAINST ARBITRAL AWARD
153. Which of the following in the correct statement
(a) an arbitral award can be inferred with if it is contrary to the substantive provisions of the Act or
against the terms of the contract
(b) an arbitral award can be set aside if the arbitral tribunal has not followed the mandatory
procedure prescribed under the Act
(c) an arbitral award can be set aside if it is contrary to fundamental policy of Indian law, or the
interest of India, or justice or morality
154. Section 34 of 1996 Act is analogous to:

(a) section 30 of 1940 Act
(b) section 28 of 1940 Act
(c) section 32 of 1940 Act
155. Under section 34, misconduct in proceeding means:

(a) proceeding ex parte without sufficient cause
(b) improper rejection of evidence
FINALITY AND ENFORCEMENT OF ARBITRAL AWARDS

156. 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
157. Which of the following in the correct statement

(a) an arbitral award can be inferred with if it is contrary to the substantive provisions of the Act or
against the terms of the contract
(b) an arbitral award can be set aside if the arbitral tribunal has not followed the mandatory
procedure prescribed under the Act
(c) an arbitral award can be set aside if it is contrary to fundamental policy of Indian law, or the
interest of India, or justice or morality
(d) all of the above.
158. Execution of a domestic arbitral award is governed by:

(a) Section 34
(b) Section 36
(c) Section 35
(d) Section 14S
159. Arbitration is a legal process

(a) Difference relating to their mutual rights and obligations
(b) difference relating to intoxication
(c) Difference relating to drugs
(d) Difference relating to sexual assault
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ENFORCEMENT OF CERTAIN FOREIGN AWARDS
160. The expression ‗foreign award‘ is defined under:
(a) section 41
(b) section 42
(c) section 44
(d) section 40
161. 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 deals with international trade
162. Which of the following is incorrect statement:

(a) The New York Convention shall apply to the arbitral awards made in state where their
recognition and enforcement is sought
(b) The New York Convention shall apply to arbitral awards not considered as domestic awards
where their recognition and enforcement is sought
163. 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 ]uly 1924
(c) that the award must have been made on or after 12th day of December 1971
(d) none of the above.
164. Whether a foreign national can be an arbitrator for the Indian cases:
(a) A person of Indian nationality only can be an arbitrator.
(b) A person of foreign national with whom the India have friendly relation, can become an
arbitrator.
(c) A person of any nationality may be an arbitrator, unless otherwise agreed by the parties.
165. What are the conditions for enforcement of foreign awards:

(a) The award has been made by the arbitral tribunal provided for in the submission to arbitration
or constituted in the manner agreed upon by the parties and in conformity with the law
governing the arbitration procedure.
(b) The award has been made in pursuance of a submission to arbitration which is valid under the
law applicable thereto.
(c) The subject-matter of the award is capable of settlement by arbitration under the law of India.
MISCELLANEOUS
166. Private arbitration is also described as:

(a) integral arbitration
(b) consensual arbitration
(c) domestic arbitration
167. Ad-hoc arbitration can be sought:
(a) when the parties involved in commercial transaction choose to incorporate arbitration clause as
a part of agreement to refer their future disputes
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(b) when a dispute that arose between the parties to a business transaction could not be settled
through mediation or conciliation
(c) when the parties agree to submit to arbitration ‗all or any‘ differences which have arisen or may
arise
(d) only (b) and (c)
168. Statutory arbitration is:

(a) imposed on the parties by operation of law
(b) a compulsory arbitration
(c) where consent of the parties is not necessary
169. 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 arbitration or for both

(a) Arbitrator is a person to whom the matters in the dispute are submitted by the parties
(b) the Arbitral Tribunal can make law of its own
(c) the Arbitral Tribunal is the creature of an agreement
(d) both (b) and (c) are incorrect
171. The word ‗arbitration‘ in 1996 Act connotes the same meaning as contained in:
(a) Article 2(d) of Model Law of UNCITRAL
(b) Article 2(b) of Model Law of UNCITRAL
(c) Article 2(a) of Model Law of UNCITRAL
(d) none of above
172. The arbitrator in case of international commercial arbitration is appointed by:

(a) Parties themselves
(b) Chief Justice of India
(c) Judge of the Supreme Court
(d) both (a) and (b)
173. 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 Littar 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
174. Once an application under section 8, Arbitration and Conciliation Act for referring the parties to
arbitration is allowed, the proceedings in which the application was made are liable to be
(a) stayed
(b) adjourned sine die
(c) dismissed as not maintainable
(d) either (a) or (b)
175. The party applying for the enforcement of a foreign award shall, produce before the court
(a) original award or a copy thereof authenticated by law of the country
(b) original agreement for arbitration or a duly certified copy thereof
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(c) such evidence as may be necessary to prove that the award is a foreign award
176. 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
177. 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
178. ‗Personal misconduct‘ connotes:

(a) bias
(b) bribery
(c) having interest in the subject-matter of reference

(a) an award of an arbitral tribunal can be set aside partly
(b) the arbitral tribunal may by order terminate the arbitral proceedings
(c) an arbitral award shall be made in writing and shall be signed by the members of the arbitral
tribunal
180. Section 39 deals with:

(a) costs of arbitration
(b) fees for the arbitrators
(c) unpaid costs of arbitration
181. Which of the following is incorrect statement:

(a) Revision application is not maintainable against appellate order,
(b) the orders of arbitral tribunals are appealable
(c) any right to appeal to the Supreme Court is not prohibited

(a) unpaid costs of arbitration
(b) fixation of the costs of an arbitration

(a) provision in case of insolvency
(b) provision in case of death
(c) provision in case of minor

(a) jurisdiction
(b) limitation
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(c) finality of arbitral award
185. 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) Either (a) or (b) or (c).
CONCILIATION
186. Section 75 of the Arbitration and Conciliation Act 1996 specifically provides for the confidentiality of all
matters relating to the proceedings.
(a) False
(b) true
(c) Parties can inspect the records like court proceeding
187. Of the Arbitration and Conciliation Act, 1996 deals with the jurisdiction of arbitral tribunals.
(a) Chapter VI
(b) Chapter V
(c) Chapter IV
(d) Chapter III
188. Which of the following is not a type of conciliation-

(a) Voluntary
(b) Contractual
(c) Compulsory
189. What are the duties of the conciliator-

(a) Administrative assistance
(b) Disclosure of information
(c) Settlement agreement
190. When the conciliator receives factual information concerning the dispute from a party:
(a) He shall disclose the substance of that information to the other party.
(b) He shall not disclose the substance of that information to the other party.
(c) He shall or shall not disclose the substance of that information to the other party, depends upon
his discretion.
191. What are the conditions for commencement of conciliation proceedings:

(a) The party initiating conciliation shall send to the other party a written invitation to conciliate
briefly identifying the subject of the dispute.
(b) The party initiating conciliation should receive a reply within thirty days from the date on
which he sends the invitation to other party.
(c) Acceptance writing the invitation to conciliate by the other party, if the other party rejects the
invitation, there will be no conciliation proceedings
(d) All of the option are correct
192. Conciliation is a private, informal process in which a neutral third person helps disputing parties to
reach an agreement.
(a) true
(b) partially true
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(c) true up to the extent that a neutral third person helps disputing parties to reach an agreement
(d) false
193. Conciliator would independently investigate into the dispute and draft his report indicating the
method of settlement of disputes.
(a) True
(b) false
(c) The conciliator would take help from the disputing parties on the settlement of the method
(d) Cannot be said
194. The number of conciliators required in the conciliation shall be:

(a) Where there is more than one conciliator, they ought, as a general rule, to act jointly.
(b) One conciliator unless the parties agree that there shall be two or three conciliators.
(c) Both (a) and (b) are correct.
195. The conciliator under section 69 may:

(a) Meet or communicate with the parties together or with each of them separately
(b) Hold the Meetings at such place as determined by him, after consultation with the parties.
(c) communicate orally or in writing
(d) All the options are correct.
196. The Arbitration and Conciliation Act, 1996 has NOT repealed the following Act:
(a) The Arbitration Act, 1940 (10 of 1940)
(b) The Sick Industrial Companies (Special Provisions) Act, 1985
(c) The Foreign Awards (Recognition and Enforcement) Act, 1961 (45 of 1961)
(d) The Arbitration (Protocol and Convention) Act, 1937 (6 of 1937),
197. What is application and scope of the conciliation:

(a) The disputes arising out of legal relationship, whether contractual or not and to all proceedings
relating thereto.
(b) The disputes arising out of business relationship, whether contractual or not and to all
proceedings relating thereto.
(c) The disputes arising out of love relationship, whether contractual or not and to all proceedings
relating thereto
(d) The disputes arising out of family relationship, whether contractual or not and to all
proceedings relating thereto.
198. In arbitration, parties cannot appoint even number of arbitrators; while in conciliation, the number of
conciliators can
(a) Doesn‘t matter, whether odd or even
(b) Be odd only
(c) Be even only
(d) None of this
199. The arbitral tribunal may fix the amount of the deposit or supplementary deposit, as an advance for
the costs. What are the rules relating to such deposit:
(a) Where one party fails to pay his share of the deposit, the other party may pay that share.
(b) Where the other party also does not pay the aforesaid share in respect of the claim or the
counter-claim, the arbitral tribunal may suspend or terminate the arbitral proceedings in respect
of such claim or counter-claim, as the case may be.
(c) The deposit shall be payable in equal shares by the parties.
(d) All of the above.
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200. In conciliation the decision is known as:
(a) Decision
(b) Opinion
(c) Settlement
(d) Arbitral award
201. A conciliator is appointed

(a) By the parties to the dispute.
(b) By the Chief Justice of the high court.
(c) By the Civil Court.
202. During conciliation proceeding, a party to the dispute shall not initiate any judicial proceeding
except.
(a) With the permission of the Conciliator
(b) For preserving his rights
(c) With the permission of the Court
(d) With the consent of the other party
203. In Part I of the Arbitration and Conciliation Act, 1996, no judicial authority shall intervene with
arbitration proceeding except.
(a) For setting aside an award
(b) For removal of arbitrator/s
(c) For modification of award
(d) For replacing the arbitrator/s
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ANSWER- KEY
1 C 31 A 61 A 91 B 121 C 151 B 181 D

2 D 32 A 62 C 92 D 122 A 152 A 182 B
3 A 33 D 63 A 93 C 123 A 153 D 183 A
4 A 34 C 64 D 94 C 124 C 154 A 184 B
5 A 35 B 65 B 95 A 125 C 155 C 185 D
6 C 36 A 66 C 96 D 126 A 156 D 186 B
7 D 37 C 67 D 97 B 127 A 157 D 187 C
8 A 38 B 68 B 98 B 128 C 158 B 188 B
9 C 39 A 69 A 99 B 129 D 159 A 189 D
10 C 40 D 70 D 100 B 130 D 160 C 190 A
11 C 41 D 71 B 101 D 131 A 161 D 191 D
12 A 42 D 72 B 102 D 132 C 162 C 192 C
13 A 43 A 73 A 103 B 133 C 163 A 193 A
14 B 44 C 74 B 104 D 134 A 164 C 194 C
15 C 45 C 75 A 105 C 135 D 165 D 195 D
16 A 46 D 76 A 106 C 136 D 166 B 196 B
17 C 47 B 77 D 107 D 137 C 167 B 197 A
18 B 48 B 78 D 108 A 138 D 168 D 198 A
19 B 49 C 79 A 109 A 139 A 169 D 199 D
20 A 50 D 80 C 110 A 140 B 170 B 200 C
21 C 51 B 81 C 111 A 141 C 171 C 201 A
22 C 52 B 82 C 112 A 142 C 172 D 202 B
23 C 53 B 83 A 113 A 143 D 173 B 203 A
24 D 54 B 84 B 114 B 144 B 174 C
25 C 55 A 85 B 115 B 145 C 175 D
26 B 56 B 86 B 116 C 146 C 176 B
27 C 57 A 87 D 117 A 147 A 177 C
28 C 58 D 88 D 118 C 148 D 178 D
29 C 59 B 89 B 119 D 149 B 179 A
30 C 60 C 90 D 120 A 150 A 180 C
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MAINS QUESTIONS
1. Write about the Concept of Arbitration in India.
2. What disputes can be referred to Arbitration according to Arbitration and Conciliation Act?
3. What are the advantages of Alternative Dispute Resolution over Litigation?
4. ―ADR is not planned to supplant in general the deep rooted method of resolving disputes by way of
litigation.‖ Comment
5. Advise B in the following cases—
(a) The contract between A and B contains an arbitration clause. -A dispute arises, but A refuses to
nominate his nominee for the arbitration.
(b) When the nominees of A and B do not agree on the name of the Umpire.
(c) The Umpire gives his award against B without considering the opinion of C‘s nominee.
6. What are the main objectives of the Arbitration & Conciliation Act?
7. What is the validity of an award in excess of the terms of reference?
8. Is an arbitration agreement discharged by death of a party?
9. Under what circumstances a court may remove an Arbitrator?
10. What is the Validity of an award delivered beyond the time fixed for making it?
11. Under what conditions the court can order for removal of the Arbitrator and order the modification
of an arbitration award
(a) Can the Court set aside and award under the Indian Arbitration Act where any award has been
improperly procured or is otherwise valid?
(b) When can a Court modify, remit or set aside an Award?
(c) The decree in accordance with the award is final. Explain.
12. Define an Arbitration agreement. Distinguish between arbitration agreement and agreement for
expert determination.
13. Can the Court intervene in the appointment of an Arbitrator by a party?
14. What are the cases in which a court may appoint an Arbitrator or conciliator?
What are the Powers of court for granting interim award to the parties in respect of arbitration?
15. State the grounds for setting aside an Award.
16. Explain the power of court to stay legal proceeding where there is an arbitration agreement in
respect of same subject matter.
17. Can a Court order an arbitration agreement to be filed and refer to arbitration a dispute between the
parties where there is no suit pending in the Court? What condition must be fulfilled to make such
an order?
18. What are the powers of a Court to appoint an Arbitrator or an Umpire? What procedure must be
followed for this purpose?
19. Explain the powers of a Court to stay legal proceedings where there is an arbitration Agreement in
respect of the same subject matter.
20. Discuss the law relating to interim measures under Section 9 of the Arbitration and Conciliation act,
especially when the place of Arbitration is outside of India with special emphasis on Bhatia
International v. Berk Trading S.A., AIR 2002 SC 1432
21. What is the Status of enforceability and effect of a domestic award or foreign award & conciliation
settlement?
22. Explain the provision regarding fast track procedure mentioned in arbitration and conciliation Act.
23. Explain the provision related to time period to be taken by the arbitral tribunal for making arbitral
award.
24. Explain the provision relating to jurisdiction with reference to section 42A and 42B of Arbitration
and Conciliation Act?
25. Whether the arbitral can be set aside if it is contrary to ‗public policy?
26. In what case the court is bound to refer dispute for arbitration?
27. Briefly discuss the power of the court under section 89 of Civil Procedure Code, 1908 and section 8
of Arbitration and Conciliation Act, 1996 to refer parties to arbitration for settlement of dispute.
28. State the procedure which must be followed by arbitrator in disposing of a case referred to them by
the parties. How is an award executed?
28
“TEST BOOKLET”
29. An award is filed by an arbitrator without giving notice in writing to the parties. Is it valid?
30. How far the provisions of the Limitation Act apply to the arbitration agreement under the Arbitration
Act?
31. Ram and Shyam agreed in writing to resolve the disputes arising out of their contract by way of
arbitration to be done by a tribunal consisting of two arbitrators, one to be selected by each party. An
award was passed by the tribunal on a dispute submitted by the parties, Ram challenged the award.
Decided
32. Discuss the procedure to be adopted by an arbitrator to file the award in the court.
33. When and how an award made by an arbitrator but not filed in the court can be formed into a decree
of the court? If any party to the agreement objects to it, how shall the court proceed?
34. Explain the difference in position in relation to provisions of enforcement as provided under section
36 of the Arbitration and Conciliation Act ,1996 prior to and after the Amendment introduced by
Arbitration and Conciliation (Amendment) Act, 2015.
35. Whether second appeal can be preferred against an order passes in appeal under the Arbitration and
Conciliation Act, 1996?
ARBITRATION AGREEMENT
36. Define and explain ―international commercial agreement‖ and ―arbitration agreement‖ under the
Arbitration and Conciliation Act, 1996.
37. Discuss as to what interim reliefs can be granted by court in arbitration proceedings?
38. Discuss, when the court can refer parties to Arbitration where there is an arbitration agreement?
COMPOSITION OF ARBITRAL TRIBUNAL

39. How is an Arbitral Tribunal constituted? On what grounds and under what procedure can an
appointment of an arbitrator be challenged?
40. Who can be appointed as an arbitrator? What may be the number of arbitrators so to be appointed by
parties?
41. What is the ground to challenge the appointment of Arbitrator? Discuss Procedure also.
(a) When the mandate of an arbitrator may be terminated on failure or impossibility of an act?
(b) What are the other circumstances other than those mentioned in Section 13 or 14, when
mandate of an arbitrator shall terminate?
42. ―In any event, adaptability and access to expertise are hallmarks of arbitration‖. Discuss the
advantages of arbitration over litigation.
JURISDICTION OF ARBITRAL TRIBUNALS

43. ―In most cases reference to arbitration shuts out the jurisdiction of the courts, except as provided in
the Act and since criminal courts cannot be deprived of their jurisdiction to try criminals, no
criminal matter can be referred to arbitration‖. Comment.
44. Considering recent judicial pronouncements, discuss how do interim measures before the court
differ from interim measures ordered by arbitral tribunal?
45. (a) Who will decide as to objection relating to jurisdiction or objection regarding existence or
validity of arbitration agreement?
(b) When can arbitral Tribunal pass orders for interim measures during arbitration proceedings?
CONCILIATION
46. State the procedure laid down in the Arbitration and Conciliation Act, 1996 for conciliation in the
family disputes.
29
“TEST BOOKLET”
CONDUCT OF ARBITRAL PROCEEDINGS
47. ―Lok-Adalatas in India manifest the purpose and objective laid down in Alternate Dispute
Resolution Schemes.‖ Discuss.
48. What rules of Procedure is to be adopted by the Arbitral Tribunal?
Or
"In arbitral proceedings the parties shall be treated with equality and each party shall be given full
opportunity to present his case." - Explain.
49. (a) Discuss the Law regarding place of Arbitration under Arbitration and Conciliation Act 1996.
(b) What is the procedure of commencement of arbitral proceedings?
50. When statements of claims and defence may be filled in arbitral proceedings? What should they
contain? Can they be amended? If so, when and on what terms?
51. Discuss the procedure for hearing the arbitral proceeding. Can the arbitral proceedings be conducted
and concluded, on the basis of documents and other materials on record only? Also discuss what is
the manner of giving evidence in arbitral proceedings?
ARBITRATION
52. Discuss the Historical background of Law of Arbitration.
53. Discuss scope and object of `Arbitration' and Conciliation Act, 1996; Also discuss its salient
features.
54. Define and Explain following terms:-
(a) Arbitration
(b) Arbitration agreement
(c) Arbitral award
(d) Arbitral Tribunal
(e) Court
(f) Legal representative.
GENERAL PROVISIONS
55. When a written communication is deemed to have been received? When Arbitration agreement is
deemed to have been waived? And to what extent a Court can intervene in an arbitration agreement?
56. Distinguish between the followings:-
(a) Arbitration and adjudication;
(b) Arbitration and valuation;
(c) Arbitrator and reference;
(d) Arbitrator and mediator.
57. ‗The Arbitration and Conciliation Act, 1996 contains provisions for effective use of Arbitration as
an alternate model of justice.‘ - Do you agree? Explain your answer with suitable illustrations.
MAKING OF ARBITRAL AWARD AND TERMINATION OF PROCEEDINGS

58. The concept of two tier arbitration has been introduced to bring transparency, fairness and speedy
remedy to the parties. Elucidate the validity of two tier arbitration with relevant case laws and also
whether the appellate arbitrator has the power to set-a-side the award of the arbitrator on merit?
59. Analyze the evolution of conciliation as a mode of dispute settlement. What is the nature and scope
of the Settlement Agreement entered into between the parties to a dispute in conciliation
proceeding?
60. Discuss under which law of land an arbitral tribunal decide the dispute referred to it -
(a) in a domestic matter of India
(b) In case of international matter between the parties of India and of some foreign country?
30
“TEST BOOKLET”
61. (a) In case of two or more arbitrator, who and how, will decide the matter which is before the
arbitral tribunal?
(b) What do you understand by `Settlement‘? What is the duty of arbitral tribunal concerning
settlement of dispute before it?
62. Whether the arbitral tribunal is bound to give reasoned award?
Or
What is the form and Content of award?
63. When the arbitral proceedings, are terminated?
64. When and how an award may be corrected or interpreted or an additional award may be given?
RESOURCE AGAINST ARBITRAL AWARD

65. When, on whose instance and on what grounds an arbitral award may be set aside?
FINALITY AND ENFORCEMENT OF ARBITRAL AWARD

66. "An arbitral award shall be final and binding on parties and persons claiming under them
respectively" - Explain.
APPEALS
67. What are the various orders again which an appeal lies?
MISCELLANEOUS
68. Whether the parties are liable for the expenses of arbitral Tribunal?
69. Discuss the lien on arbitral award and deposits as to costs.
70. (a) Whether arbitration is discharged by death of the party?
(b) What will be the effect of a party having become insolvent during arbitral proceedings?
71. Whether the provisions of Limitation Act are applicable to Arbitral proceedings?
ENFORCEMENT OF CERTAIN FOREIGN AWARDS

72. Define and Explain "foreign award". What is the power of judicial authority to refer parties to
arbitration relating to an agreement to which the convention on recognition and enforcement of
foreign arbitral awards, applies?
73. When will a foreign award be binding under the provisions of the Arbitration and Conciliation Act,
1996? What evidence, should a party produce for enforcement of foreign award?
74. What conditions for enforcement of foreign awards must be fulfilled?
75. Discuss the provisions of Convention on recognition of foreign arbitral awards.
76. Explain the role of United Nations Commission on International Trade Law (UNCITRAL) in the
development of the international commercial arbitration with special reference to the UNCITRAL
MODEL LAW 1985 and briefly state how it has been adopted by India.
77. What is ‗Arbitrability‘? What is its ‗Objective Criterion‘? Explain. Cite the examples of illegality,
corruption, bribery vis-à-vis International Commercial Arbitration with cases.
78. Explain the relevance of World Trade Organization (WTO) in today‘s world with a specific
reference to its dispute settlement process citing the relevant cases(s).
79. What is ―lex arbitri‖? Examine in detail the role of the national courts in the ongoing proceedings‘ of
the ―International Commercial Arbitration‖ in another country. Can a national court ‗intervene‘ in an
―international commercial arbitration‖ happening in another country for the sole reason that the
chosen ‗applicable law‘ is of the ‗intervening court‘s‘ country? Briefly state the trend in India citing
at least one case law.
31
“TEST BOOKLET”
80. Write Short Note on any TWO of the following:
(a) Arbitration of ICSID (International Centre for Settlement of Investment Disputes)
(b) The Alabama Claims Case
(c) ―Subjective Criteria‖ of Arbitratbility
(d) ―Conflict of laws‖ in International Commercial Arbitration
GENEVA CONVENTION AWARDS

81. What are the foreign awards for the purpose of Chapter- II (Geneva Convention Awards) of Part-II
of The Arbitration and Conciliation Act, 1996, when such foreign award is binding?
82. Discuss the provisions of CONVENTION of the execution of foreign arbitral Awards.
83. (a) What evidence is required to be produced for enforcement of a foreign award at the time of
moving application for the purpose?
(b) What are the conditions for enforcing the foreign award?
CONCILIATION
84. What is the scope of Conciliation? When the Conciliation proceedings can be commenced?
85. What will be the number of Conciliators? How conciliators are appointed? Discuss also the
procedure of conciliation proceedings?
86. Distinguish between arbitration and conciliation, with reference to the role and requisite skills of the
third neutral party.
87. Write short notes on:
(a) Overcoming Communication Inhibitors
(b) Handling Impasse by the Conciliator
88. Details the skills required for drafting negotiation and conciliation settlement agreements.
89. Write Short Note on any TWO of the following:
(a) Ethical standards of the conciliator.
(b) Importance of silence and apology in mediation
(c) Lok Adalats
90. ―The objective of the Arbitration and conciliation Act, 1996 is to provide speedier Justice. For
achieving this goal the provisions are provided to ensure non-interference by the court during the
proceedings under the Act.‖ Explain above statement in the light of the provisions of the Arbitration
and conciliation Act, 1996.
91. Write short notes on any two of the following: a. Fast track procedure under the Arbitration and
Conciliation Act, 1996 b. ADR in Family Disputes c. Difference between judicial adjudication and
arbitration
32

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“TEST BOOKLET”

ARBITRATION & CONCILIATION ACT

3. Part I of the Arbitration and Conciliation Act, 1996 applies where

6. ADR stands for —–

7. What is need of ADR

10. Which type of cases is not dealt by Lok Adalat?

14. Indian ADR system is based on the Common law system

15. ADR techniques include arbitration, conciliation, mediation and negotiation.

16. Arbitration can be ad-hoc, contractual, institutional or statutory

20. Which of the following statements is correct?

21. In which court may a trial for an indictable offence be heard?

22. What type of cases does a county court deal with?

24. Which of the following statements is true?

27. The Arbitration and Conciliation Act, 1996 extends to:

28. Which are the correct methods of ADR?

30. Arbitral tribunal has no jurisdiction to issue

38. Which is incorrect statement:

39. Which are the correct advantages of Negotiation?

40. Which of the following are the Stages of negotiations-

41. Authorities under the Industrial Disputes Act,1947-

43. Lok Adalat was introduced in-

44. Award of Lok Adalat is -

46. The term ―arbitral tribunal‖ is defined under____?

48. Which of the following matters are not referred to arbitration?

49. Mediation can be termed as assisted negotiation

50. Bargaining is a common feature of the negotiation process.

52. What‘s the similarity with mediation and conciliation?

53. What‘s an arbitrator‘s role?

54. Which are the correct disadvantages of Arbitration?

55. The term ―International Commercial Arbitration‖ is defined under

56. Which of the following is the most accurate description of arbitration?

57. Advantages of Arbitration

58. ADR plays a significant role in reducing the burden

60. Lok Adalat basically means

62. A sum directed to be paid by an arbitral award shall carry interest

63. The award made by the Lok Adalat

66. Which of the following is an incorrect statement:

74. Section 8, Arbitration and Conciliation Act, 1996

76. Section 9 of 1996 Act deals with:

83. Arbitral proceedings is respect of a particular dispute commence

84. An arbitral award

COMPOSITION OF ARBITRAL TRIBUNAL

89. Reference in a contract to a document containing an arbitration clause

90. The appointment of arbitrator/arbitrators, can be made:

99. Section 12 of Arbitration and Conciliation Act, 1996 deals with

100. Section 13 of Arbitration and Conciliation Act, 1996 lays down:

102. The mandate of an arbitrator shall terminate

103. When the mandate of an arbitrator terminate

105. Where the challenge to the arbitrator is not successful

111. The Chairperson of the Arbitration Council of India is appointed under,

112. Is the Arbitral tribunal Competent to appoint an expert in certain cases-?

JURISDICTION OF ARBITRAL TRIBUNALS

115. Which statement is True with respect to Jurisdiction in domestic arbitrations?

122. The Ombudsman is responsible for investigating what kind of conduct?

CONDUCT OF ARBITRAL PROCEEDINGS

126. A plea questioning the jurisdiction of the arbitral tribunal '

128. What should be language in the arbitration proceedings:

129. What shall be place of Arbitration?

MAKING OF ARBITRAL AWARD AND TERMINATION OF PROCEEDINGS

131. An arbitral award