61
Section 43 deals with:
A)
Jurisdiction
B)
Limitation
C)
Finality of arbitral award
D)
None of the above
Answer & Solution
Answer: Option
B
62
According to section 20, the place for arbitration is decided by
A)
An agreement between the parties
B)
In the absence of any agreement between parties, the arbitral tribunal shall determine the place ofarbitration having regard to the circumstances of the case, including the convenience of the parties
C)
In the absence of any agreement between parties, the arbitrator tribunal shall apply to court for the determination of the place of arbitration
D)
Either (A) or (B)
Answer & Solution
Answer: Option
D
63
A party shall be precluded from raising the question of jurisdiction of arbitral tribunal
A)
Where he has appointed the arbitrator
B)
Where he has participated in the appointment of the arbitrator
C)
Both (A) and (B)
D)
Neither (A) nor (B)
Answer & Solution
Answer: Option
D
64
An arbitral award made under Part I of the Arbitration and Conciliation Act, 1996, shall be considered as a
A)
Domestic award
B)
Foreign award
C)
General award
D)
International award
Answer & Solution
Answer: Option
A
65
In which of the following cases a Court may set aside an award:
A)
If the arbitrator is guilty of moral turpitude
B)
If the arbitrator is guilty of partiality
C)
If the arbitrator has acquired an interest in the subject matter unknown to the parties
D)
All of the above
Answer & Solution
Answer: Option
D
66
WhIch article of the Constitution of India authorises the government to enter into an arbitration agreement:
A)
Art. 235
B)
Art. 299
C)
Art. 39
D)
Both (A) and (C)
Answer & Solution
Answer: Option
B
67
Mark the Correct Statement, Under the Act of 1996:
A)
Presiding Arbitrator replaces the umpire of the old Act
B)
Presiding Arbitrator is a part and parcel of the Arbitral Tribunal while umpire under the old Act was a third person
C)
Presiding Arbitrator makes award along with panel of Arbitrator while umpire could make award single handedly when the appointed arbitrators had failed to arrive at a consensus
D)
All are correct
Answer & Solution
Answer: Option
D
68
Section 19 of the act provides for determination of rules of procedure for an arbitration proceeding. According to the section
A)
The arbitral tribunal shall not be bound by the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872
B)
The parties to arbitration are free to determine the procedure for arbitration
C)
The power of Arbitral tribunal includes the power to determine the admissibility, relevance, materiality and weight of any evidence
D)
All of the above
Answer & Solution
Answer: Option
D
A)
Empowered to grant interim measures after the making of an Arbitral Award but before it is enforced, under Section 9 of the Arbitration & Conciliation Act
B)
Empowered to grant interim measures after the making of an Arbitral Award but before it is enforced, under Section 17 of the Arbitration & Conciliation Act
C)
Empowered to grant interim measures after the making of an Arbitral Award but before it is enforced, under Section 18 of the Arbitration & Conciliation Act
D)
Not empowered to grant interim measures after the making of the Arbitral Award
Answer & Solution
Answer: Option
A
70
Which one of the following is an incorrect statement?
A)
An arbitral award is a contract
B)
An arbitral award must be in writing and signed
C)
An arbitral award includes an interim award
D)
None of the above
Answer & Solution
Answer: Option
A
