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Arbitration and Reconcilation Act MCQ
Arbitration and Reconcilation Act MCQ
Q.1:- Who may be treated as legal representative, within the meaning of this Act:
Q.2:- In order to facilitate the conduct of the arbitral proceedings, the parties, or the
arbitral tribunal with the consent of the parties:
a. Failing the determination the number of arbitrators, the arbitral tribunal shall consist of a
sole arbitrator.
b. The parties are free to determine the number of arbitrators, provided that such number
shall not be an even number.
c. Both A and B are correct.
d. None of the above
a. made in writing and may be signed by any one of the member of the arbitral tribunal
b. made in writing and shall be signed by the members of the arbitral tribunal.
c. made in writing and shall be signed by the Registrar
d. need not in writing
Q.8:- An application for setting aside may not be made __________have elapsed from
the date on which the party making that application had received the arbitral award:
a. Foreign award
b. Domestic award
c. Arbitration award
d. Conciliation
a. The Supreme Court may make rules consistent with this Act as to all proceedings before
the Court under this Ac
b. The Central Government may make rules consistent with this Act as to all proceedings
before the Court under this Act.
c. The High Court may make rules consistent with this Act as to all proceedings before the
Court under this Act.
d. None of the above
Q.12:- What is the fee payable when the sum in dispute is upto Rs. 5 Lakh :
a. Rs. 50000.
b. Rs.40000.
c. Rs.55000.
d. Rs.45000.
Q.13:- The following grounds give rise to justifiable doubts as to the independence or
impartiality of arbitrators:
a. A close family member of the arbitrator has a significant financial interest in the
outcome of the dispute.
b. The arbitrator or a close family member of the arbitrator has a close relationship with a
third party who may be liable to recourse on the part of the unsuccessful party in the
dispute
c. The arbitrator holds shares, either directly or indirectly, in one of the parties or an
affiliate of one of the parties that is privately held
d. All of the above.
Q.14:- Chapters II of Part II of the Arbitration and Conciliation Act, 1996 deal with the
enforcement of certain foreign awards made under:
Q.15:- An appeal shall lie from the orders(and from no others) to the court authorised
by law to hear appeals from original decrees of the court passing the order:
a. Setting aside or refusing to set aside an arbitral award under Section 34.
b. Granting any measures under Section 9
c. Refusing to grant any measures under Section 9
d. All of the above
Q.16:- An arbitration with three arbitrators, each party shall appoint one arbitrator,
and the two appointed arbitrators shall appoint the third arbitrator who shall act as the
presiding arbitrator. What is time limit within which the parties have to appoint an
arbitrator:
a. Within 30 days
b. Within 45 days
c. Within 60 days
d. Within 15 days
a. The person who is appointed as an arbitrator is NOT required to give his consent to act
as an arbitrator.
b. The arbitrator must be absolutely disinterested and impartial.
c. He is an extra-judicial tribunal whose decision is binding on the parties.
d. Arbitrator is a person who is appointed to determine differences and disputes between
two or more parties by their mutual consent.
Q.21:- The interim measures by the Court can be ordered on an application by a party:
Q.23:- Where the place of arbitration is situate in India, the arbitration other than an
international commercial arbitration, the arbitral tribunal shall decide the dispute
submitted to arbitration:
a. In accordance with the special law for the time being in force in India.
b. In accordance with the substantive law for the time being in force in India.
c. In accordance with the general law for the time being in force in India.
d. In accordance with the common law for the time being in force in India.
a. If there are two conciliator each party may appoint one conciliator.
b. If there are three conciliators, each party may appoint one conciliator and the parties
may agree on the name of the third conciliator who shall act as the presiding conciliator
c. If there is one conciliator, the parties may agree on the name of a sole conciliator.
d. All the options are correct.
Q.25:- Which of the following grounds will rise to justifiable doubts as to the
independence or impartiality of arbitrators:
a. The arbitrator’s law firm currently has a significant commercial relationship with one of
the parties or an affiliate of one of the parties.
b. The arbitrator is a lawyer in the same law firm which is representing one of the parties.
c. The arbitrator’s law firm had a previous but terminated involvement in the case without
the arbitrator being involved himself or herself.
d. All of the above
Q.27:- An arbitral tribunal shall be deemed to have entered upon the reference on the
date on which the arbitrator):
Q.28:- Who can amend the Fourth Schedule as provided in the Arbitration and
Conciliation Act, 1996:
Q.29:- Section 10 of the Act states that, the parties are free to determine the number of
arbitrators, provided that such number shall not be an even number. However if they
fail to determine the number of arbitrators:
Q.32:- The Act is based on model law drafted by United Nations Commission on
International Trade Laws (UNCITRAL), to provide uniformity and certainty to both
categories of cases
a. International commercial arbitration
b. Both on domestic arbitration as well as international commercial arbitration.
c. On domestic arbitration
d. None of the above.
a. A person on whom the estate of a deceased person devolves on the death of the party
acting in a representative’s capacity.
b. A person who in law represents the estate of a deceased person.
c. A person who intermeddles with the estate of the deceased.
d. All the options are correct
a. Is barred after an application under Section8 of the Act is made for arbitration.
b. Can be exercised after an application under section 8 of the Act is made for arbitration.
c. Can be exercised after an application under section 8 of the Act is made for arbitration,
subject to the permission of the High Court.
d. None of the above
a. On the date on which a request for that dispute to be referred to arbitration is filed by the
applicant.
b. On the date on which a request for that dispute to be referred to arbitration is received
by the respondent
c. On the date on which a request for that dispute to be referred to arbitration is sent to the
respondent.
d. On the date on which the arbitrators accepts the dispute.
Q.36:- Under Fast Track Procedure the arbitral tribunal shall consist of:
a. Where the award has been made under Section 30 of the Act i.e. where the parties
settled the dispute and the arbitral tribunal has recorded the settlement in the form of an
arbitral award on agreed terms.
b. Where the arbitration agreement expressly provides that no reasons are to be given,
c. Both A and B are correct.
d. None of the above
Q.38:- If the time for making an application to set aside the award has expired or the
application has been refused, the award shall be enforced under the in the same manner
as it were a decree of the Court:
a. Code of Civil Procedure, 1908
b. The Indian Contract, 1872
c. Code of Criminal Procedure, 1973
d. The Indian Penal Code, 1860
Q.39:- What is obligatory on the party applying for the enforcement of a foreign award
to produce before the Court:
Q.40:- Under what circumstances the recognition and enforcement of an arbitral award
may be refused if the competent authority in the country where recognition and
enforcement is sought finds that:
a. the recognition or enforcement of the award would be contrary to the public policy of
that country.
b. the subject-matter of the difference is not capable of settlement by arbitration under the
law of that country
c. Both the options are correct.
d. None of the above.
Q.41:- The term “close family member” as mentioned in Fifth Schedule DO NOT
include:
a. In laws
b. parent.
c. spouse,
d. sibling,
Q.43:- If the two appointed arbitrators fail to agree on the third arbitrator within thirty
days from the date of their appointment, the appointment shall be made, upon request
of a party:
Q.47:- The parties may, by consent, extend the period specified in sub-section (1) of
Section 29A, which is twelve months for making award for a further period:
Q.48:- A sum directed to be paid by an arbitral award shall, unless the award otherwise
directs, carry interest at the rate of prevalent on the date of award, from the date of
award to the date of payment:
Q.49:- Section 37(3) prohibits making of second appeal from an order passed in appeal
under Section 37(1) and(2) of the Act:
a. But the right to appeal to the Supreme Court is always open to a party aggrieved.
b. But the right to revision before the Supreme Court is always open to a party aggrieved.
c. But the right to appeal to the High Court is always open to a party aggrieved.
d. But the right to revision before the High Court is always open to a party aggrieved.
Q.50:- Chapters I of Part II of the Arbitration and Conciliation Act, 1996 deal with the
enforcement of certain foreign awards made under: