Arbitration And Conciliation Act MCQ question and answer

31

In a case relating to arbitration the arbitral award was remitted under section 16 of the Arbitration Act, 1940. The date of award was 1^st June, 1992. The Arbitration and Conciliation Act came into force on 22^th 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

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Answer & Solution

Answer: Option C

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32

Which of the following Sections enumerates the conditions for the enforcement of Foreign Awards in India:

A) Section 45 B) Section 46 C) Section 47 D) Section 48

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Answer & Solution

Answer: Option D

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33

In which case the Supreme Court held that power to grant interim measure under section 9 of the Arbitration and Conciliation Act, 1996 extends to International arbitration as well:

A) Bhatia International v. Bulk Trading S.A., (2002)4 SCC 105 B) Oil & Natural Gas Corpn. Ltd. v. Saw Pipes Ltd., (2003) 5 SCC 705 C) Konkan Rly. Corpn. Ltd. v. Rani Construction (P) Ltd., (2000) 8 SCC 159 D) Sundaram Finance Ltd. v. NEPC India Ltd., (1999) 2 SCC 479

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Answer & Solution

Answer: Option A

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34

'Foreign award' under section 44 means:

A) That the award must have been made on or after 11^th day of October 1960 B) That the award must have been made after 28^th day of July 1924 C) That the award must have been made on or after 12^th day of December 1971 D) None of the above

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Answer & Solution

Answer: Option A

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35

The petitioner in a petition under Section 34 of the Arbitration and Conciliation Act, 1996 shows that another method of calculating damages was preferable than the one adopted by the Arbitrator. The Court must

A) Set aside the award B) Remand the award to the Arbitrator for reconsideration C) Dismiss the petition D) Award damages on the basis of the other method

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Answer & Solution

Answer: Option C

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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

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Answer & Solution

Answer: Option A

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37

Section 63 deals with:

A) Number of conciliators B) Appointment of conciliators C) Role of conciliators D) None of the above

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Answer & Solution

Answer: Option A

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38

Which is 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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Answer & Solution

Answer: Option C

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39

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) D) Neither (A) nor (B)

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Answer & Solution

Answer: Option C

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40

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 appoinment 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

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Answer & Solution

Answer: Option B

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