91
An order refusing to refer the parties to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996 is appealable under:
A)
Section 34 of the Act
B)
Article 227 of the Constitution of India
C)
Section 37 of the Act
D)
Section 11 of the Act
Answer & Solution
Answer: Option
C
92
'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 international trade
D)
All of the above
Answer & Solution
Answer: Option
D
93
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
D)
None of the above
Answer & Solution
Answer: Option
C
94
Whether an arbitrator under the Arbitration and Conciliation Act has the power to correct and interpret an award after it has been pronounced?
A)
No, as the arbitrator becomes functus officio
B)
No, as the arbitrator does not have the power of review
C)
No, as Section 34 of the Arbitration and Conciliation Act prescribes procedure for setting aside the award
D)
Yes, in terms of Section 33 of the Arbitration and Conciliation Act
Answer & Solution
Answer: Option
D
95
Which part of the Act provides for Conciliation:
A)
Part I
B)
Part II
C)
Part III
D)
None of the above
Answer & Solution
Answer: Option
C
96
Which of the following is incorrect statement:
A)
Under section 40, the arbitration agreement shall not be discharged by death of the party
B)
Under section 40, where the death occurs during the course of the arbitral proceedings, all the legal representatives are bound by the award
C)
Under section 40, the legal representatives are bound by the award if death occurs during the course of proceedings, but after the death a new arbitrator has to be appointed
D)
None of the above
Answer & Solution
Answer: Option
C
97
Under section 48, 'contrary to public policy of India' connotes:
A)
Interests of India
B)
Justice or morality
C)
Fundamental policy of Indian Law
D)
All of the above
Answer & Solution
Answer: Option
D
98
An arbitrator has the power to:
A)
Award interest
B)
Award costs
C)
Determine the question of heirs or legal representatives of a deceased party to the arbitration agreement
D)
All of the Above
Answer & Solution
Answer: Option
D
99
The conciliator is required to be bound by:
A)
Principles of natural justice
B)
Code of Criminal Procedure, 1973
C)
Code of Civil Procedure, 1908
D)
Both (A) and (C)
Answer & Solution
Answer: Option
A
100
Prior to the 1996, in which of the following cases the Court had restricted the power of the arbitration to decide on the question of jurisdiction and consequently if a dispute was raised in respect of jurisdiction almost invariably the parties had to approach courts for adjudication which caused enormous delay:
A)
Renusagar Power Co. vs. General Electric Co.
B)
Guru Nanak Foundation vs. Rattan Singh & Sons
C)
Union of India vs. Shantiram Ghosh
D)
Vishwanath Sood vs. Union of India
Answer & Solution
Answer: Option
A
