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The Arbitration & Conciliation Act, 1996 MCQS
The Arbitration & Conciliation Act, 1996 MCQS
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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
2. Which of the following model law was used by the Indian Arbitration
A. Constitution of India
D. UNCITRAL, 1985.
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3. Which among the following is the main objective of the Arbitration
Act, 1996?
jurisdiction
C. To minimize the supervisory role of courts in the arbitral
process
D. none of the above
4. The power of court to refer parties for arbitration would and must
necessarily include, imply and inhere in it
B. foreign award
C. general award
D. international award.
7. In the matters governed by Part I of the Arbitration and Conciliation
Act, 1996
A. a judicial authority can intervene generally
of defence is made.
down in:
1999 SC 2102.
D. Orma Impex Pvt. Ltd. v. Nissuri Arb. Pte. Ltd., AIR 1999 SC 2871.
10. The validity of an arbitration agree-ment does not depend on the
1999 SC 2102
11. An arbitrator:
A. is chosen and paid by the disputant
arbitrated
B. must be founded on principle of trust
tribunal
C. may be oral
D. may state or may not state the reasons upon which it is based as
per discretion of the members of the arbitral tribunal.
15. After the arbitral award is made, each party shall be delivered
A. the original award
A. @ 6% per annum from the date of the award till the date of
payment
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S H A RE S
MCQ-Adda B. @ 12% per annum from the date of the award till the date of
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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.
respectively.
18. 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
refused
contract
B. an arbitral award can be set aside if the arbitral tribunal has not
morality
D. all of the above.
India
A. integral arbitration
B. consensual arbitration
C. domestic arbitration
conciliation 4
B. a compulsory arbitration
or for both
28. Court under section 2(1)(e), Arbitration and Conciliation Act means
D. presiding o cer.
31. The arbitral tribunal may arrange for administrative assistance 4
B. person
C. either institution or person
34. A written statement of the reasons for the challenge to the arbitral
tribunal has to be sent within
A. 15 days of becoming aware of the constitution or the reasons
arbitral tribunal
A. where he has appointed the arbitrator. 4
1940
B. any agreement to submit to arbitration all or certain disputes
de ned in:
A. section 2(1)(e)
B. section 2(1)(g)
C. section 2(1)(f)
43. The word ‘arbitration’ in 1996 Act connotes the same meaning as
contained in:
A. Article 2(d) of Model Law of UNCITRAL
D. none of above.
44. The arbitrator in case of international commercial arbitration is
appointed by:
A. Parties themselves
B. Attorney-General of India
C. Centre
D. none of the above.
agreement.
C. The Act does not require that it should be signed by both the 4
parties
B. Art. 299
C. Art. 39
D. both (a) and (c).
A. shall be in writing
B. may be oral
clause
A. does not constitute an arbitration agreement
of the contract
D. either (b) or (c).
53. Scope and object of section 8 of the Arbitration and Conciliation Act,
1996
A. the same as that of section 34 of the Arbitration Act, 1940
B. directory
C. discretionary
D. optional.
57. 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
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).
58. An application under section 8, Arbitration and Conciliation Act,
1996, contemplates
A. a matter pending before the Court
whether:
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A. the applicant has made primafacie case S H A RE S
MCQ-Adda B. the balance of convenience is in his favour
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62. Under section 9, interim measures by the court does not include:
A. appointment of a guardian for a minor or a person of unsound
mind for purposes of arbitral proceedings
B. appointment of receiver
C. securing the amount in dispute in arbitration
D. none of the above.
63. The court has a jurisdiction to entertain an application for interim
measures:
1998 SC 1761
B. K.K. Modi v. KN. Modi, AIR 1998 SC 1297
C. M.M.T.C. Ltd. v. Sterlite Industries (India) Ltd., AIR 1997 SC 605
D. Sandaram Finance Ltd. v. N.E.P.C. India Ltd., AIR 1999 SC 565.
B. sixty days
C. forty days
D. ninety days
69. Which is the incorrect statement: The High Court before appointing
an arbitrator, shall have due regard to
of an impartial arbitrator.
D. none of the above.
70. Under section 10, Arbitration and Conciliation Act, 1996, the parties
are free to determine the number of ' arbitrators, provided that such
number
71. Where the parties fail to provide for an odd number of arbitrators, the
to be appointed
A. within 30 days of the arbitration agreement
B. within 30 days of arising of the dispute
C. within 30 days of failure to resolve the dispute of their own
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
section 11(6) of 1996 Act by the Chief Justice or his designate is:
A. a judicial order
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B. an administrative order S H A RE S
MCQ-Adda C. an interim order
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B. he is a foreign national
C. he is not quali ed as per agreement between the parties
D. both (a) and (c).
80. Under section 11 of Arbitration and Conciliation Act, 1996, an
arbitrator can be
90. The arbitral tribunal may by order terminate the arbitral proceedings
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when: S H A RE S
MCQ-Adda A. when parties have mutually agreed to seek termination of
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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
relating to:
A. fees and expenses of the arbitrators
B. administration fees of the institution supervising the arbitration 4
C. only (a)
D. both (a) and (b).
93. 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
A. the arbitral award is in con ict 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.
98. 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.
99. The delay in making an application for setting aside the arbitral
award under section 34
A. cannot be condoned 4
101. 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
discertion of the court
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D. only (a) and not (b) or (c). S H A RE S
MCQ-Adda 102. Which of the following is incorrect statement
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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
proceedings
C. an arbitral award shall be made in writing and shall be signed by 4
A. jurisdiction
B. limitation
C. nality of arbitral award
D. none of the above.
112. The expression ‘foreign award’ is de ned under:
A. section 41
B. section 42
C. section 44
D. section 40. 4
enforcement is sought
C. both (a) and (b)
D. none of the above.
115. Foreign award’ under section 44 means:
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S H A RE S
MCQ-Adda A. that the award must have been made on or after 11th day of
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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.
116. The enforcement of a foreign award may be refused if:
A. the party against whom the award is invoked was not given
proper notice of the appointment of the arbitrator
B. enforcement of the award‘ would be contrary to the public policy
of India
C. none of the above
C. UNCITRAL
D. New York Convention awards
123. Part I of the Act deals with:
A. Domestic Arbitration
B. New York Convention awards
C. UNCITRAL
D. none of the above.
124. Section 61 is in pattern of:
A. UNCITRAL Conciliation Rules
B. Arbitration (Protocol and Convention) Act, 1937
C. Geneva Convention
D. none of the above.
125. Which of the following is incorrect statement:
A. like arbitration, conciliation is also another means of setting
disputes
B. like arbitration, prior agreement in writing is required in
conciliation
C. like arbitration, third person is chosen by the parties to resolve 4
the disputes
C. directive conciliation
D. none of the above.
128. Which of the following is incorrect statement:
A. conciliation is a process where one party of dispute initiates and
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other party assents to adopt. S H A RE S
MCQ-Adda B. conciliation is a method of settlement.
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proceedings.
131. Conciliation law is adopted on the pattern of:
party
D. both (b) and (c).
party
C. when both the parties agree for conciliation mutually
134. In Conciliation:
A. the parties come to settlement after the award of the conciliator
135. The power and functions of the conciliator has been laid down under:
A. section 64
B. section 62
C. section 67
D. section 63.
136. The provisions for the appointment of the conciliator is laid down
under:
A. section 64
B. section 67
C. section 62
D. section 61.
137. Section 64, which provides for the procedure for the appointment of
the conciliator is enacted on the basis of:
impartial manner 4
date of declaration
A. section 76
B. section 74
C. section 73
D. section 75.
142. Section 73 lays down the provisions for:
A. costs
D. settlement agreement.
143. After the settlement agreement is reached between the parties to
conciliation:
proceedings
proceedings
D. all of the above.
A. number of conciliators
B. appointment of conciliators
C. role of conciliators
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D. none of the above. S H A RE S
MCQ-Adda 147. The term ‘fairness’ embodies:
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B. section 73
C. section 75
D. section 74.
B. section 70
C. section 69
D. none of the above
151. Under section 41, where a party cannot represent himself due to
insolvency, he shall be represented by:
A. O cial Assignee 4
B. Arbitrator himself
C. Receiver
Tribunal
the Act
so
D. None of above.
section 34
159. The party applying for the enforcement of a foreign award shall, at
thereof l
163. If one party is Indian Company and another is American company and
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the dispute arises out of legal relationship under contract entered S H A RE S
MCQ-Adda between them, then such dispute falls
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1996
B. under general arbitration within the meaning of section 2(a) of
B. for adjournment
C. for sending the case to court
Conciliation Act, 1996 which Act has been applicable in India for
arbitration procedure
A. The Arbitration Act, 1940 4
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S H A RE S
MCQ-Adda
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