Which of the following statements regarding powers granted under Section 8 of the Arbitration and Conciliation Act 1996, are correct?
1. The application under Section 8 may be filed before the Arbitrator.
2. Section 8 is an instance of the least judicial intervention when there is an arbitration agreement between the parties.
3. When an application under Section 8 is filed before the court, the proceedings before the Arbitrator are stayed.
4. The application under Section 8 shall not be entertained unless it is accompanied by the original arbitration agreement.
Select the correct answer using the given below:
A. 1, 2 and 3
B. 2 and 4 only
C. 3 and 4 only
D. 2, 3 and 4
Answer: Option B
Which of the Sections provide for the number of conciliations:
A. Section 63
B. Section 64
C. Section 65
D. Section 66
A. M.M.T.C. Ltd. v. Sterlite Industries (India) Ltd.
B. Sunderam Finance Ltd. v. N.E.P.C. Ltd.
C. Olympus Super structures Pvt. Ltd. v. Meera Vijay
D. Orma Impex Pvt. Ltd. v. Nissari Pvt. Ltd.
A. Is void and non-actionable
B. Is to be construed as being of reference of disputes to a sole arbitrator
C. Is to be construed as being of reference of disputes to three arbitrators
D. Is to be construed as being of reference of disputes to five arbitrators with the fifth arbitrator being nominated by the two arbitrators of each party
While considering the grant of interim measures, the Court may see whether:
A. The applicant has made prima facie case
B. The balance of convenience is in his favour
C. He would suffer irreparable injury if such measures are not granted
D. All of the above
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