Score – 128/ 182

The Arbitration & Conciliation Act, 1996

There are total 86 sections in this Act and it is divided into 4 parts, in which
Part I deals with General provisions on arbitration, Part II deals with the
Enforcement of certain foreign awards, Part III deals with conciliation and
Part IV deals with the Supplementary provisions.

In a case relating to arbitration, the arbitral award was remitted under

section 16 of the Arbitration Act, 1940. The date of award was 1st June,

1992. The Arbitration and Conciliation Act came into force on 22 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.

2. Which of the following model law was used by the Indian Arbitration

and conciliation Act 1996?

A. Constitution of India

B. Guidelines of Supreme Court of India

C. European Commercial Arbitration Procedure

D. UNCITRAL, 1985.

3. Which among the following is the main objective of the Arbitration

Act, 1996?

A. To comprehensively cover international commercial arbitration

B. To ensure that arbitral tribunal within the limits of court’s

jurisdiction

C. To minimize the supervisory role of courts in the arbitral

process

D. none of the above

4. The power of court to refer parties for arbitration would and must

necessarily include, imply and inhere in it

A. the power and jurisdiction to advise the parties

B. the power and jurisdiction to review the award

C. the power and jurisdiction to appoint the arbitrator

D. the power and jurisdiction to call for another arbitrator.

5. Part I of the Arbitration and Conciliation Act, 1996 applies where

A. the place of arbitration is in India

B. the place of arbitration is outside India, but is in Asia

C. the place of arbitration is outside India, but is in Europe

D. the place of arbitration is anywhere in the world.

6. An arbitral award made under Part l of the Arbitration and

Conciliation Act, 1996 shall be considered as a

A. domestic award

B. foreign award

C. general award

D. international award.

7. In the matters governed by Part I of the Arbitration and Conciliation

Act, 1996

A. a judicial authority can intervene generally

B. a judicial authority shall not intervene under any circumstances

C. a judicial authority cannot intervene except where so

provided in this Part

D. either (a) or (c).

8. Arbitral proceedings commence

A. on the date on which a request for a dispute to be referred

to arbitration is received by the respondent

B. on the date when the respondent gives consent to the

appointment of the arbitrator

C. on the date when the arbitrator issues notice of the parties

D. on the date when the statement of claim and written submission

of defence is made.

9. The provisions of 1996 Act have to be interpreted being uninfluenced

by principles underlying under 1940 Act. This observation was laid

down in:

A. M.M.T.C. Ltd. v. Sterlite Industries (India) Ltd, AIR 1997 SC 605

B. Sundamm Finace Ltd. v. N.E.P.C. India Ltd., AIR 1999 SC 565.

C. Olympus Super Structures Pvt. Ltd. v. Meemz Vijay Khetan, AIR

1999 SC 2102.

D. Orma Impex Pvt. Ltd. v. Nissuri Arb. Pte. Ltd., AIR 1999 SC

2871.

10. The validity of an arbitration agreement does not depend on the

number of arbitrators specified therein, as the Act does not suggest

the requirement of the number of arbitrators for an arbitration

agreement’: this was laid down in:

A. Orma Impex Pvt. Ltd. v. Nissuri Arb. Pte Ltd., AIR 1999 SC 2871

B. Olympus Super Structures Pvt. Ltd. v. Meena Vijay Khetan, AIR

1999 SC 2102
C. M.M.T.C. Ltd. v. Sterlite Industris (India) Ltd., AIR 1997

SC 605

D. none of the above.

11. An arbitrator:

A. is chosen and paid by the disputant

B. acts in accordance with privately chosen procedure so far

as that is not repugnant to public policy

C. only (a) is correct

D. both (a) and (b) are correct.

12. An arbitral award:

A. must be connected with the subject-matter of the dispute

arbitrated

B. must be founded on principle of trust

C. both (a) and (b) are correct

D. only (a) is correct

13. An arbitral award

A. has to be in writing but need not be signed

B. has to be in writing and signed by the members of the

arbitral tribunal

C. may be oral

D. either (a) or (b) or (c).

14. An arbitral award

A. must state the reasons upon which it is based

B. must state the reasons upon which it is based only when the

parties have agreed for the same

C. need not state the reason upon which it is based

D. may state or may not state the reasons upon which it is

based as per discretion of the members of the arbitral

tribunal.

15. After the arbitral award is made, each party shall be delivered

A. the original award

B. a signed copy of the award

C. a photocopy of the award

D. an unsigned copy of the award.

16. A sum directed to be paid by an arbitral award shall carry

interest

A. @ 6% per annum from the date of the award till the date of

payment

B. @ 12% per annum from the date of the award till the date of

payment

C. 18% per annum from the date of the award till the date of

payment

D. 24 % per annum from the date of the award till the date of

payment.

17. Finality to arbitral awards within meaning of section 35 of the

Arbitration and Conciliation Act, 1996 shall

A. not be binding on parties

B. be binding on government authority

C. be binding on first party only

D. be binding on the parties and person claiming under them

respectively.

18. An arbitral award shall be enforced in the same manner as if it

were a decree of
A. local authority

B. the court

C. the tribunal

D. both (b) and (c).

19. An arbitral award becomes enforceable when

A. the time for making an application for setting aside the arbitral

award has expired and no such application has been made

B. an application for setting aside the arbitral award has been

refused

C. either (a) or (b)

D. neither (a) nor (b).

20. Which of the following in the correct statement

A. an arbitral award can be inferred with if it is contrary to the

substantive provisions of the Act or against the terms of the

contract

B. an arbitral award can be set aside if the arbitral tribunal has not

followed the mandatory procedure prescribed under the Act

C. an arbitral award can be set aside if it is contrary to

fundamental policy of Indian law, or the interest of India, or

justice or morality

D. all of the above.

21. Which one of the following is 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.

22. To invoke international commercial arbitration it is necessary

that at least one of the parties is:

A. a body corporate which is incorporated in any country other

than India

B. Government of a foreign country

C. an individual who is a national of, or habitually resident in any

country other than India.

D. all of the above.

23. Private arbitration is also described as:

A. integral arbitration

B. consensual arbitration

C. domestic arbitration

D. none of the above.

24. Ad-hoc arbitration can be sought:

A. when the parties involved in commercial transaction

choose to incorporate arbitration clause as a part of

agreement to refer their future disputes

B. when a dispute that arose between the parties to a business

transaction could not be settled through mediation or

conciliation

C. when the parties agree to submit to arbitration ‘all or any’

differences which have arisen or may arise

D. only (b) and (c).

25. Statutory arbitration is:

A. imposed on the parties by operation of law

B. a compulsory arbitration

C. where consent of the parties is not necessary

D. all of the above.

26. Which is correct statement:

A. Institutional arbitration has its own set of rules.

B. Indian Council of Arbitration is the apex body

C. the rules may provide for domestic or international arbitration

or for both

D. all of the above.

27. Which is incorrect statement:

A. Arbitrator is a person to whom the matters in the dispute are

submitted by the parties

B. the Arbitral Tribunal can make law of its own

C. the Arbitral Tribunal is the creature of an agreement

D. both (b) and (c) are incorrect.

28. Court under section 2(1)(e), Arbitration and Conciliation Act

means

A. Court of Small Causes

B. Principal Civil Court and Civil Court of an inferior grade

C. Principal Civil Court of original jurisdiction

D. all of the above.

29. A ‘party’ within the meaning of section 2, Arbitration &

Conciliation Act, 1996 means

A. party to the contract

B. party to the arbitration agreement

C. party to the suit/ proceedings

D. either (a) or (b) or (c).

30. 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.

31. The arbitral tribunal may arrange for administrative assistance

A. with the consent of the parties

B. with the consent of the claimant

C. without the consent of the parties

D. of its own, irrespective of the consent of the parties.

32. The arbitral tribunal may arrange for administrative assistance

by a suitable

A. institution

B. person

C. either institution or person

D. neither (a) nor (b).

33. 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).

34. A written statement of the reasons for the challenge to the

arbitral tribunal has to be sent within

A. 15 days of becoming aware of the constitution or the

reasons

B. 30 days of becoming aware of the constitution or the reasons

C. 7 days of becoming aware of the constitution or the reasons

D. 60 days of becoming aware of the constitution or the reasons

35. The arbitral tribunal has the jurisdiction to rule

A. on its own jurisdiction

B. on objections as to the existence of the arbitration agreement

C. on objection as to the validity of the arbitration agreement

D. all of the above.

36. A plea questioning the jurisdiction of the arbitral tribunal

A. must be raised before or at the time of submission of

statement of defence

B. may be raised after the submission of the statement of defence

C. can be raised at any time before the conclusion of arbitral

proceedings

D. can be raised at any time before the making of arbitral award.

37. 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).

38. During the arbitral proceedings the arbitral tribunal

A. can make interim award

B. may require a party to provide appropriate security

C. both (a) and (b)

D. either (a) or (b).

39. The arbitral tribunal has the jurisdiction to

A. award interest on the whole or part of the money

B. award interest on the whole of the money Only

C. award interest on part of the money only

D. either (b) or (c).

40. The expression ‘Arbitration agreement’ under section 7 of

Arbitration and Conciliation Act, 1996 means

A. any agreement which have arisen under the Arbitration Act of

1940

B. any agreement to submit to arbitration all or certain

disputes which have arisen or which may arise between

them in respect of a defined legal relationship,

contractual or not.

C. any agreement to submit to arbitration certain disputes of civil

nature

D. any agreement to submit to arbitration certain disputes of

criminal nature.

41. The expression ‘International Commercial Arbitration’ has been

defined in:

A. section 2(1)(e)

B. section 2(1)(g)

C. section 2(1)(f)

D. none of the above.

42. Which is incorrect statement:

A. 'Court' means principal Civil Court of original jurisdiction in a

district.

B. 'Court' also includes any court of a grade inferior to principal

Civil Court or any Small Causes Court

C. 'Court' also includes High Court in exercise of its ordinary

original civil jurisdiction

D. none of the above.

43. 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.

44. The arbitrator in case of international commercial arbitration is

appointed by:

A. Parties themselves

B. Attorney-General of India

C. Chief Justice of India

D. Judge of the Supreme Court

E. both (a) and (c).

45. The members of Statutory Arbitral Tribunals are appointed by:

A. parties themselves

B. State.

C. Centre

D. none of the above.

46. 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.

47. The pendency of any arbitral ‘proceeding is not a pre—condition

in exercise of power by court. The court may grant interim relief

before or during arbitral proceedings or at anytime after making of

the arbitral award before it is enforced. It was held in case of

A. Om Prakash v. State of Littar Pradesh, AIR 2010 Uttra 64

B. Globe Co-generation Power Ltd. v. Shri Hirenyakeshi Sahkari

Karkhana Niyamit, AIR 2005 Kant 94.

C. MCD v. Pradeep Oil Mills Pvt." Ltd., AIR 2010 Del 119
D. none of the above.

48. Which is incorrect statement:

A. Arbitration agreement should be in writing

B. Arbitration agreement can be in the form of a seperate

agreement.

C. The Act does not require that it should be signed by both

the parties

D. none of the above.

49. 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).

50. Under section 7, Arbitration and Conciliation Act, 1996, an

arbitration agreement

A. shall be in writing

B. may be oral

C. either in writing or oral

D. neither in writing nor oral.

51. Reference in a contract to a document containing an arbitration

clause

A. does not constitute an arbitration agreement

B. constitutes an arbitration agreement if the contract is in

writing and the reference is such as to make that

arbitration clause part of the contract

C. constitutes an arbitration agreement where the contract though

oral, the reference is such as to make that arbitration clause

part of the contract

D. either (b) or (c).

52. Under section 7, Arbitration and Conciliation Act, 1996, an

arbitration agreement shall be in writing if it is contained in

A. a document signed by the parties

B. an exchange of letters, telex, telegrams or other means of

telecommunication which provide a record of the agreement

C. an exchange of statements of claim and defence in which the

existence of the agreement is alleged by one party and not

denied by the other party

D. either (a) or (b) or (c).

53. Scope and object of section 8 of the Arbitration and Conciliation

Act, 1996

A. the same as that of section 34 of the Arbitration Act, 1940

B. different from that of section 34 of the Arbitration Act, 1940

C. same or different from that of section 34 of the

Arbitration Act, 1940, depending on the facts and

circumstances of the case

D. either (a) or (c).

54. An application for referring the parties to arbitration under

section 8, Arbitration and Conciliation Act, 1996, must be

accompanied by

A. the original arbitration agreement or a photocopy thereof

B. the original arbitration agreement or a duly certified copy

thereof

C. a duly certified copy of the arbitration agreement or a

photocopy thereof

D. the original arbitration agreement only. Once an application

under section 8,

55. Arbitration and Conciliation Act for referring the parties to

arbitration is allowed, the proceedings in which the application was

made are liable to be

A. stayed

B. adjourned sine die

C. dismissed as not maintainable

D. either (a) or (b).

56. The provision of section 8, Arbitration and Conciliation Act,

1996 are

A. pre-emptory

B. directory

C. discretionary

D. optional.

57. Section 8, Arbitration and Conciliation Act, 1996

A. bars the court from referring the parties to arbitration once the

party has submitted his statement

B. does not. bar the court from referring the parties to arbitration

after submission of his statement, where the party who has

brought the action does not object

C. does not bar the court from referring the parties to arbitration

after submission of his statement, irrespective of whether the

party who has brought the action has any objection to it or not

D. only (a), and not (b) or (c).

58. An application under section 8, Arbitration and Conciliation Act,

1996, contemplates

A. a matter pending before the Court

B. a matter pending before a quasi-judicial authority

C. a matter pending before an administrative authority

D. either (a) or (b) or (c).

59. Section 9 of 1996 Act is identical to:

A. section 41(b) of 1940 Act

B. section 40 of 1940 Act

C. section 39 of 1940 Act

D. none of the above.

60. Section 9 of 1996 Act deals with:

A. interim measures by the court

B. discretionary powers of the court

C. both (a) and (b)

D. none of the above.

61. While considering the grant of interim measures, the Court may

see whether:

A. the applicant has made primafacie 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.

62. 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.

63. The court has a jurisdiction to entertain an application for

interim measures:

A. either before arbitral proceeding or after making of the arbitral

award

B. before the arbitral award is enforced

C. can exercise power suo motu

D. both (a) and (b).

64. In case of three arbitrators, the ‘third arbitrator’ shall act as:

A. an umpire

B. a Presiding Arbitrator

C. sole arbitrator

D. none of the above.

65. An arbitration agreement specifying even number of arbitrators

cannot be a sole ground to render arbitration agreement invalid’—

this was laid down in:

A. Grid corporation of Orissa Ltd. v. Indian Charge Chrome, AIR

1998 SC 1761
B. K.K. Modi v. KN. Modi, AIR 1998 SC 1297

C. M.M.T.C. Ltd. v. Sterlite Industries (India) Ltd., AIR 1997 SC

605

D. Sandaram Finance Ltd. v. N.E.P.C. India Ltd., AIR 1999 SC

565.

66. The ‘Presiding Arbitrator’ is appointed by:

A. parties to the arbitration agreement

B. the appointed arbitrator by each party

C. the Court

D. either (a) or (b) or (c).

67. The appointment of arbitrator/arbitrators, can be made:

A. by the parties

B. by designated authority

C. by arbitral institution

D. either (a) or (b) or (c).

68. The parties to the arbitration agreement shall appoint arbitrator

within:

A. thirty days

B. sixty days

C. forty days

D. ninety days

69. Which is the incorrect statement: The High Court before

appointing an arbitrator, shall have due regard to

A. qualifications required of the arbitrators by the agreement of

the parties

B. nationality of the arbitrator

C. other ‘considerations which are likely to secure the appointment

of an impartial arbitrator.

D. none of the above.

70. Under section 10, Arbitration and Conciliation Act, 1996, the

parties are free to determine the number of ' arbitrators, provided

that such number

A. does not exceed three

B. does not exceed five

C. does not exceed seven

D. is not an even number.

71. Where the parties fail to provide for an odd number of

arbitrators, the arbitral tribunal shall consist of

A. three arbitrators

B. five arbitrators

C. sole arbitrator

D. either (a) or (b) or (c).

72. Under section 11, Arbitration and Conciliation Act, 1996, a

person for being an arbitrator

A. must be an Indian national

B. must be an Indian citizen

C. may be a person of any nationality

D. may be a person of any nationality, except an alien enemy.

73. In an arbitration by three arbitrators where the parties fail to

agree upon appointment of arbitrators, under section 11, Arbitration

and Conciliation Act, 1996

A. each party shall appoint one, and the two appointed

arbitrators shall appoint the third arbitrator

B. the claimant shall appoint two arbitrators and the disputant

shall appoint one

C. the disputant shall appoint two arbitrators and the claimant

shall appoint one

D. all the three, to be appointed by the Court.

74. Under section 11, Arbitration and Conciliation Act, the

arbitrator has to be appointed

A. within 30 days of the arbitration agreement

B. within 30 days of arising of the dispute

C. within 30 days of failure to resolve the dispute of their own

D. within 30 days from the receipt of request for appointment of

arbitrator from the other party.

75. In the case of appointment of sole or third arbitrator in an

international commercial arbitration, a person

A. who is of the nationality of the claimant may be appointed as

arbitrator

B. who is of the nationality of the disputant may be appointed as an

arbitrator

C. who is of any nationality irrespective of the nationalities of the

parties may be appointed as an arbitrator

D. who is of a nationality other than the nationalities of the

parties may be appointed as an arbitrator.

76. 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 appointment 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.

77. The power of appointment of arbitrator in exercise of power

under section 11(6) of 1996 Act by the Chief Justice or his designate
is:

A. a judicial order

B. an administrative order

C. an interim order

D. none of the above.

78. Section 12 of Arbitration and Concilation Act, 1996 deals with

A. procedure ‘for arbitration

B. grounds for challange to Arbitrator

C. finality of award l

D. none of the above.

79. Section 12(3) provides the ground for challenging to the

arbitrator when:

A. he is not independent or impartial

B. he is a foreign national

C. he is not qualified as per agreement between the parties

D. both (a) and (c).

80. Under section 11 of Arbitration and Conciliation Act, 1996, an

arbitrator can be

A. a person or a arbitrator of any previous disputes

B. a person of concerned State

C. a person of Indian origin only

D. a person of any nationality.

81. Section 13 of Arbitration and Conciliation Act, 1996 lays down:

A. the termination of mandate of arbitrator

B. the procedure for challenging an arbitration

C. powers of arbitral tribunal

D. none of the above.

82. Where there is a challenge to arbitrator under any procedure

agreed upon by the parties, the Arbitral Tribunal shall

A. send the matter to the court

B. appoint any other arbitrator at its own discretion

C. not continue the arbitral proceedings

D. continue the arbitral proceedings and shall decide on the

challenge.

83. The mandate of an arbitrator shall terminate

A. when he withdraws from his office for any reason

B. when he becomes de jure or defacto unable to act without

undue delay

C. when the parties have agreed to terminate arbitrator's authority

D. all of the above.

84. When the mandate of an arbitrator terminate

A. no other arbitrator shall be appointed

B. a substituted arbitrator shall be appointed

C. the matter shall be sent to the court

D. the dispute shall remain undecided by the Arbitrators.

85. The Arbitral Tribunal shall rule

A. at the direction of court

B. on its own discretion

C. at the instruction of parties

D. as per provisions of General Clauses Act, 1897:

86. The party applying for the enforcement of a foreign award shall,

produce before the court

A. original award or a copy thereof authenticated by law of the

country
B. original agreement for arbitration or a duly certified copy

thereof

C. such evidence as may be necessary to prove that the award is a

foreign award

D. all of the above.

87. The Arbitral Tribunal may

A. appoint one or more experts to report to it on specific

issues to be determined by itself

B. appoint only one expert to report to it on specific issues to be

determined by the arbitral Tribunal

C. appoint a Court Receiver to report specific issues

D. may appoint Court Commissioners to report specific issues.

88. Which is incorrect statement:

A. the arbitral tribunal is bound by Code of Civil Procedure, 1908

B. the arbitral tribunal is bound by Indian Evidence Act, 1872

C. both (a) and (b) are incorrect

D. none of the above.

89. The provision which provides for mutual settlement of dispute

by parties before the arbitral tribunal is laid down under:

A. section 24

B. section 30

C. section 29

D. section 27.

90. 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.

91. Where the challenge to the arbitrator is not successful

A. the arbitral Tribunal shall stay the proceedings giving

opportunity to the party to take appropriate legal proceedings

against the order

B. the arbitral Tribunal shall continue the arbitral proceedings but

shall not make an arbitral award till the disposal of proceedings,

if any, initiated by the party challenging the arbitration against

the said order

C. the arbitral Tribunal shall continue the arbitral

proceedings and make the award

D. the arbitral Tribunal shall continue the proceedings only with

the consent of the party who has challenged the arbitrator.

92. The expression ‘costs’ under section 31 means reasonable costs

relating to:
A. fees and expenses of the arbitrators

B. administration fees of the institution supervising the arbitration

C. only (a)

D. both (a) and (b).

93. Under section 32, the principle of res judicata is applicable in:

A. a case having reference to an arbitral Tribunal

B. a suit in a court of law

C. interim award made by the arbitral Tribunal

D. only (a) and (b).

94. The request for the correction or interpretation of the award by

the arbitral Tribunal has to be made by the party:

A. within sixty days

B. within thirty days

C. within ninety days

D. none of the above.

95. Section 34 of 1996 Act is analogous to:

A. section 30 of 1940 Act

B. section 28 of 1940 Act

C. section 32 of 1940 Act

D. none of the above.

96. The provision for setting a side the arbitral award is laid down

under:

A. section 32 of the Act

B. section 36 of the Act

C. section 34 of the Act

D. none of the above.

97. An arbitral award may be set aside by the court if:

A. the arbitral award is in conflict with the public policy of India

B. the subject-matter of dispute is not capable of settlement by

arbitration under the law for the time being in force

C. both (a) and (b) are incorrect

D. both (a) and (b) are correct.

98. An application for setting aside an arbitral award must be made

by the party after receiving the award within:

A. three months
B. thirty days

C. ninety days

D. forty days.

99. 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.

100. For condonation of delay -in making an application for setting

aside the arbitral award

A. section 34 of the Act is complete in itself

B. section 5 of the Limitation Act, 1963 is applicable

C. both (a) and (b)

D. neither (a) nor (b).

101. Delay in making an application for setting aside the arbitral

award

A. can be condoned under section 5 of Limitation Act

B. cannot be condoned by invoking section 5 of Limitation Act

C. may be condoned under section 5 of Limitation Act as per

discertion of the court

D. only (a) and not (b) or (c).

102. 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

103. Under section 34, misconduct in proceeding means:

A. proceeding ex prlrte without sufficient cause

B. improper rejection of evidence

C. both (a) and (b)

D. only (a).

104. ‘Personal misconduct’ connotes:

A. bias

B. bribery

C. having interest in the subject-matter of reference

D. all of the above.

105. Which is incorrect statement:

A. an award of an arbitral tribunal can be set aside partly.

B. the arbitral tribunal may by order terminate the arbitral

proceedings

C. an arbitral award shall be made in writing and shall be signed

by the members of the arbitral tribunal

D. none of the above.

106. Right of action which is extinguished by the death of a person

includes:

A. suit for damages for wrongful arrest

B. suit for specific performance of contract

C. right of damages for defamation

D. only (a) and (c).

107. Section 39 deals with:

A. costs of arbitration

B. fees for the arbitrators

C. unpaid costs of arbitration

D. none of the above.

108. Which of the following is incorrect statement:

A. Revision application is not maintainable against appellate

order,

B. the orders of arbitral tribunals are appealable

C. any right to appeal to the Supreme Court is not prohibited

D. none of the above.

109. Section 38 deals with:

A. unpaid costs of arbitration

B. fixation of the costs of an arbitration

C. both (a) and (b)

D. none of the above.

110. Section 41 deals with:

A. provision in case of insolvency

B. provision in case of death

C. provision in case of minor

D. none of the above.

111. Section 43 deals with:

A. jurisdiction

B. limitation

C. finality of arbitral award

D. none of the above.

112. The expression ‘foreign award’ is defined under:

A. section 41
B. section 42

C. section 44

D. section 40.

113. 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 deals with international trade

D. all of the above.

114. Which of the following is incorrect statement:

A. The New York Convention shall apply to the arbitral awards

made in state where their recognition and enforcement is

sought

B. The New York Convention shall apply to arbitral awards

not considered as domestic awards’ where their

recognition and enforcement is sought

C. both (a) and (b)

D. none of the above.

115. Foreign award’ under section 44 means:

A. that the award must have been made on or after 11th day of

October 1960.

B. that the award must have been made after 28th day of ]uly

1924

C. that the award must have been made on or after 12th day of

December 1971

D. none of the above.

116. The enforcement of a foreign award may be refused if:

A. the party against whom the award is invoked was not given

proper notice of the appointment of the arbitrator

B. enforcement of the award‘ would be contrary to the public

policy of India

C. none of the above

D. both (a) and (b).

117. Section 48 lays down the provision for:

A. foreign award

B. power of judicial authority to refer parties to arbitration

C. binding effect of foreign award

D. conditions for enforcement of foreign awards.

118. 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.

119. Section 53 has limited application because:

A. it applies to the jurisdiction of different parties to the New York

Convention
B. it applies to the jurisdiction of different parties to the

Geneva Convention

C. it applies to the jurisdiction of domestic land

D. none of the above.

120. Section 53 talks about the arbitration agreement:

A. in general

B. in specific

C. in simplicitor
D. none of the above.

121. Part II of the Act deals with:

A. New York Convention awards

B. Geneva Conventions

C. Conciliation

D. both (a) and (b).

122. Part III of the Act deals with:

A. Geneva Conventions

B. Conciliation

C. UNCITRAL

D. New York Convention awards

123. Part I of the Act deals with:

A. Domestic Arbitration

B. New York Convention awards

C. UNCITRAL

D. none of the above.

124. Section 61 is in pattern of:

A. UNCITRAL Conciliation Rules

B. Arbitration (Protocol and Convention) Act, 1937

C. Geneva Convention

D. none of the above.

125. Which of the following is incorrect statement:

A. like arbitration, conciliation is also another means of setting

disputes

B. like arbitration, prior agreement in writing is required in

conciliation

C. like arbitration, third person is chosen by the parties to resolve

the disputes

D. none of the above.

126. Conciliation proceedings are incorporated under:

A. section 61 to 81 of Part III of the Act

B. section 60 to 81 of Part III of the Act

C. section 59 to 86 of Part III of the Act

D. none of the above.

127. Part III of the Act, shows the importance of:

A. voluntary conciliation

B. involuntary conciliation

C. directive conciliation

D. none of the above.

128. Which of the following is incorrect statement:

A. conciliation is a process where one party of dispute initiates and

other party assents to adopt.

B. conciliation is a method of settlement.

C. conciliation applies to contractual dispute only

D. none of the above.

129. Which one of the following is incorrect statement:

A. conciliation means settling of disputes without litigation

B. the conciliators do not engage in any formal hearing

C. the party comes to settlement only when the award is

made by the conciliator

D. none of the above.

130. The conciliation proceedings:

A. can be used as evidence in any judicial proceedings

B. can be used as evidence only in the arbitral proceedings

C. can be used as evidence only on the discretion of the judge or

arbitrator

D. cannot be used as evidence in any arbitral or judicial

proceedings.

131. Conciliation law is adopted on the pattern of:

A. ICADR Rules, 1996

B. Arbitration (Protocol and Convention) Act, 1937

C. UNCITRAL Rules, 1980

D. None of the above.

132. Conciliation Proceedings:

A. cannot be terminated later

B. can be terminated only by judge of High Court

C. can be terminated by a written declaration by a party to

the other party

D. both (b) and (c).

133. Conciliation proceedings shall commence:

A. when both the parties comes to a written agreement

B. when written invitation to conciliation is made to the other party

C. when both the parties agree for conciliation mutually

D. none of the above.

134. In Conciliation:

A. the parties come to settlement after the award of the conciliator

B. the parties come to a settlement without making of any

award by the conciliator

C. the parties come to any settlement only after the agreement ' of

settlement or conciliation is signed in front of the conciliator

D. all of the above.

135. The power and functions of the conciliator has been laid down

under:

A. section 64

B. section 62

C. section 67

D. section 63.

136. The provisions for the appointment of the conciliator is laid

down under:

A. section 64

B. section 67

C. section 62

D. section 61.

137. Section 64, which provides for the procedure for the

appointment of the conciliator is enacted on the basis of:

A. Article 2 of UNCITRAL Conciliation Rules

B. Article 4 of UNCITRAL Conciliation Rules

C. Article 3 of UNCITRAL Conciliation Rules

D. none of the above.

138. Which of the following is incorrect statement:

A. the conciliator shall assist the parties in an independent and

impartial manner

B. the conciliator can make proposals for settlement but it

has to be accompanied by the statement of reasons

C. the conciliator shall be guided by principle of objectivity,

fairness and justice

D. none of the above.

139. 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).

140. The conciliation proceedings shall be terminated:

A. by signing of the settlement agreement by the parties, on the

date of agreement

B. by written declaration of the parties and the conciliator to

terminate the conciliation proceedings on the date of

declaration

C. by written declaration of the parties addressed to the conciliator

to the effect that conciliation proceedings are terminated, on the

date of declaration

D. all of the above.

141. Termination of conciliation proceedings are laid down under:

A. section 76

B. section 74

C. section 73

D. section 75.
142. Section 73 lays down the provisions for:

A. costs

B. termination of conciliation proceedings

C. confidentiality

D. settlement agreement.

143. After the settlement agreement is reached between the parties

to conciliation:

A. the conciliator makes an award stating the reasons thereof

B. the conciliator shall authenticate the settlement

agreement and furnish a copy thereof

C. the conciliator shall refer the matter to the tribunal

D. none of the above

144. Section 81 of the Act lays down the provision for:

A. admissibility of evidence in other proceedings

B. role of conciliator in other proceedings

C. power of the High Court to make rules

D. none of the above.

145. The evidence which is inadmissible under section 81 is:

A. admissions made by other party in the course of the conciliation

proceedings

B. proposals made by the conciliator

C. views expressed by the conciliator in course of conciliation

proceedings

D. all of the above.

146. Section 63 deals with:

A. number of conciliators

B. appointment of conciliators
C. role of conciliators

D. none of the above.

147. The term ‘fairness’ embodies:

A. the concept of justice

B. the concept of equality

C. the concept of unbiasness

D. none of the above.

148. Part IV of the Act deals with:

A. Geneva Conventions

B. Costs and Expenses

C. Supplementary Provisions

D. none of the above.

149. The ‘Principle of Confidentiality’ is laid down under:

A. section 76

B. section 73

C. section 75

D. section 74.

150. The ‘Principle of Co-operation’ is laid down under:

A. section 71

B. section 70

C. section 69

D. none of the above

151. Under section 41, where a party cannot represent himself due

to insolvency, he shall be represented by:

A. Official Assignee

B. Arbitrator himself

C. Receiver
D. both (a) and (c)

152. 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.

153. Section 30 of the Act lays down the provision for:

A. mutual settlement of disputes by parties before the arbitral

Tribunal

B. form’ and content of the interim award

C. termination of the proceedings of an arbitral Tribunal

D. correction and interpretation of an arbitral Tribunal.

154. A written arbitration agreement is authentic if it is contained in:

A. a document signed by the parties

B. an exchange of letters, telex, telegrams or other means of

telecommunication which provide a record of the agreement

C. an exchange of statements of claim and defence in which the

existence of the agreement is alleged by one party and not

denied by the other

D. All the options are correct.

155. For the purpose of section 5 of the Arbitration and Conciliation

Act, 1996, which among the following statements are true:

A. No Judicial authority shall intervene except where

provided in the Act

B. Judicial authority shall intervene

C. Judicial authority shall intervene if Chief Justice of India intends

so

D. None of above.

156. The mandate of an arbitrator shall terminate if:

A. he becomes de jure or de facto unable to perform his functions

or for other reasons fails to act without undue delay

B. he withdraws from his office or the parties agree to the

termination of his mandate

C. both (a) and (b) are correct

D. only (b) is correct.

157. The Arbitral Tribunal shall issue an order for termination of the

arbitral proceedings where:

A. claimant withdraws his claim, unless the respondent objects to

the order and the arbitral Tribunal recognises a legitimate

interest on his part in obtaining a final settlement of the dispute

B. the parties agree on the termination of the proceedings

C. arbitral Tribunal finals that the continuation of the proceedings

has for any other reason become unnecessary or impossible

D. All the above;

158. An appeal shall lie from which of the following orders to the

court authorised by law to hear appeals from original decrees of the

court passing the order:

A. granting or refusing to grant any measure under section 9

B. setting aside or refusing to set aside on arbitral award under

section 34

C. only (a) is correct

D. both (a) and (b) are correct.

159. The party applying for the enforcement of a foreign award shall,

at any time of the application, produce before the court-

A. the original award or a copy thereof, duly authenticated in the

manner required by law of the country in which it was made.

B. the original agreement for arbitration or a duly certified copy

thereof l

C. such evidence as may be necessary to prove that the award is a

foreign award

D. All the above.

160. The party applying for the enforcement of a foreign award shall,

at the time of application, produce before the court

A. the original award or a copy thereof duly authenticated in the

manner required by law of country in which it was made

B. evidence proving that the award has become final

C. such evidence as may be necessary to prove that the conditions

under section 57(1)(a) and (c) are satisfied

D. All the above.

161. The Arbitrator in respect of escalation cost

A. has jurisdiction to proceed inherently

B. has no jurisdiction to proceed inherently

C. has to proceed only within scope of Contract Act

D. has to proceed only within scope of

162. Bar of non-registration of Firm under section 69 of Partnership

Act, does not affect maintainability of petition under

A. section 5 of Arbitration and Conciliation Act

B. section 9 of Arbitration and Conciliation Act

C. section 10 of Arbitration and Conciliation Act

D. section 16 of Arbitration and Conciliation Act.

163. If one party is Indian Company and another is American

company and the dispute arises out of legal relationship under

contract entered between them, then such dispute falls

A. under International Commercial Arbitration within the

meaning of section 2(f) of Arbitration and Conciliation

Act, 1996

B. under general arbitration within the meaning of section 2(a) of

Arbitration Act, 1940

C. under section 3(b) of Civil Procedure Code, 1908

D. under section 5(b) of General Clauses Act, 1897.

164. Inability of lawyer to attend arbitral sitting due to illness is

ground

A. for setting aside the award

B. for adjournment

C. for sending the case to court

D. for reappointment the arbitrator.

165. Inability of counsel to appear due to illness before arbitrator is a

ground covered

A. under section 30 of Arbitration Act, 1940

B. under section 34(2) of Arbitration and Conciliation Act,

1996
C. under section 30 of the Limitation Act, 1963

D. under section 31 of Arbitration and

166. Conciliation Act, 1996. Before the enactment of Arbitration and

Conciliation Act, 1996 which Act has been applicable in India for

arbitration procedure

A. The Arbitration Act, 1940

B. The Code of Civil Procedure, 1908

C. The General Clauses Act, 1897

D. none of the above.

167 Delay, unpredictability and cost are considered as three main enemies of efficient
administration of justice.

A. Yes
B. No
C. Can not be said
2. The litigants are always interested in substantive justice and not procedural justice.
A. True
B. False
C. Litigants want both procedural as well as substantive justice
3. Indian ADR system is based on the Common law system
A. False
B. True
C. Mixed system of Civil and Common law system
4. ADR techniques include arbitration, conciliation, mediation and negotiation.
A. Yes
B. No
C. Yes, but LoK Adalat is also a type of ADR system
5. Arbitration can be ad-hoc, contractual, institutional or statutory
A. Yes
B. No
C. No only contractual
6. In a contractual arbitration the jurisdiction of courts can be completely ousted under 1996
Act
A. No
B. Yes, statutory provisions can be ousted
C. Yes, it can be partially ousted
D. Yes it can be ousted, but for enforcing the award interference of court is needed
7. Conciliation is a private, informal process in which a neutral third person helps disputing
parties to reach an agreement.
A. True
B. Partially true
C. True up to the extent that a neutral third person helps disputing parties to
reach an agreement
8. Conciliator would independently investigate into the dispute and draft his report
indicating the method of settlement of disputes.
A. True
B. False
C. The conciliator would take help from the disputing parties on the settlement
of the method
9. Mediation can be termed as assisted negotiation
A. No
B. Yes
C. Yes and the mediator plays the role of a facilitator in attaining cooperation
between the parties to the dispute
10. Bargaining is a common feature of the negotiation process.
A. The negotiation process provides the parties an opportunity to exchange ideas,
identify the irritant points of differences, find a solution, and get commitment
from each other to reach an agreement.
B. Even if a third party negotiator is involved in the process of negotiation, his role
would be limited to inducing the parties to the process of negotiation.
C. Mediators would have higher level of involvement in the settlement of disputes
when compared to that of negotiators.
D. All are true
E. All are false
11. Lok Adalats have been given the powers of a civil court under the Code Civil Procedure.
A. Yes
B. No
C. Yes, but with limited jurisdiction
12. The award made by the Lok Adalat is deemed to be a decree of the civil court like
arbitration Award
A. No
B. Yes
13. Section 75 of the Arbitration and Conciliation Act 1996 specifically provides for the
confidentiality of all matters relating to the proceedings.
A. False
B. True
C. Parties can inspect the records like court proceeding
14. "Court procedure is justice-oriented, whereas ADR’s merit also lies in the fact that the
process is participatory and solution-oriented".
A. Yes
B. No
C. There exist doubt on the given proposition
15. In Shakuntla Sawhney v. Kaushalaya Sawhney,[(1979) 3 SCR 232]the Supreme Court
has observed that “Finest hour of justice is the hour of compromise when parties after
burying the hatchet, re-unite by a reasonable and just compromise” Whether this
principle has been reflected in the ADR procedures mentioned in the Arbitration and
Conciliation Act 1996?
A. Yes
B. No the above principle has nothing to do with Arbitration and Conciliation Act
1996
C. The above principle has been formulated for CPC and not for Arbitration and
Conciliation Act 1996