Arbitration And Conciliation Act MCQ question and answer

11

In most EU member countries, which of the following is the most visible from of ADR?

A) Mediation B) Arbitration C) Litigation D) Conciliation

Discuss

Answer & Solution

Answer: Option B

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12

The delay in making an application for setting aside the arbitral award under section 34

A) Cannot be condoned B) Can be condoned for a maximum period of 30 days C) Can be condoned for a maximum period of 60 days D) Can be condoned for a maximum period of 90 days

Discuss

Answer & Solution

Answer: Option B

Solution:

Let's understand Section 34 of the Arbitration and Conciliation Act first.
This section deals with setting aside an arbitral award, meaning challenging the decision made by the arbitrator.
There's a specific time limit for filing an application to challenge the award.
The law states that the application must be made within 3 months from the date you receive the award.
However, there's a provision for condoning the delay, meaning the court *might* excuse a delay in filing.
But, this condonation is not unlimited.
The court can only condone the delay for a maximum period of 30 days, after the initial 3-month period.
Therefore, the correct answer is Option B: Can be condoned for a maximum period of 30 days.

13

The language which is to be used in the arbitral proceedings is decided by

A) The Tribunal B) Parties to decide by mutual understanding C) The petitioner D) The Defendant

Discuss

Answer & Solution

Answer: Option B

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14

Which one among the following is competent to decide the objection on the mode of appointment of the Arbitrator?

A) The Arbitral Tribunal B) The competent court of jurisdiction C) The Chief Justice of the concerned High Court D) The contesting parties by appointing another Arbitrator

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Answer & Solution

Answer: Option C

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15

Which of the following section contains provisions relating to 'Arbitration Agreement':

A) Section 5 B) Section 7 C) Section 8 D) Section 9

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Answer & Solution

Answer: Option B

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16

The objective of the EU Directive on mediation is:

A) Reducing back logs of cases at the courts in the member states B) Dividing the cases between all dispute resolution methods C) Economical reasons in times of crisis, thus ensuring that mediators will have a proper income D) Ensuring better access to alternative dispute resolution in cross border commercial conflicts

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Answer & Solution

Answer: Option D

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17

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 D) All of the above

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Answer & Solution

Answer: Option D

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18

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

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Answer & Solution

Answer: Option C

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19

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

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Answer & Solution

Answer: Option D

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20

Which one of the following principle is associated with "Trial Smelter" case?

A) Principle of sustainable development B) No state has a right to use or permit the use of its territory so as to cause injury by fumes in the territory of another C) Redemption of the damaged environment is a part of the process of sustainable development D) Placing a duty on the State to hold environmental resources in trust for the benefit of public

Discuss

Answer & Solution

Answer: Option B

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Arbitration And Conciliation Act MCQ question and answer | Law MCQ question