CBSE Questions for Class 12 Commerce Legal Studies Arbitration,Tribunal Adjudication And Alternate Dispute Resolution Quiz 1 - MCQExams.com

Legal phrases are followed by four meanings. Choose the most appropriate option:
'Animus possidendi' means:
  • Intent to contract
  • Intention to harm
  • Intention to return
  • Intention to possess.
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 enforces. It was held in case of
  • Om Prakash v. State of Littar Pradesh, AIR $$2010$$ Uttra $$64$$
  • Global Co-generation Power Ltd. v. Shri Hirenyakeshi Sahkari Karkhana Niyamit, AIR $$2005$$ Kant $$94$$
  • MCD v. Pradeep Oil Mills Pvt. "Ltd., AIR $$2010$$ Del $$119$$
  • none of the above
Which one of the following is the most important item of expenditure of the Government of India on revenue account?
  • Defence
  • Subsidies
  • Pensions
  • Interest payments
The request for the correction or interpretation of the award by the arbitral Tribunal has to be made by the party:
  • within sixty days
  • within thirty days
  • within ninety days
  • none of the above
Which article of the Constitution of India authorises the government to enter into an arbitration agreement:
  • Art. $$235$$
  • Art. $$299$$
  • Art. $$39$$
  • both (a) and (c)
From which source does money flow into the Consolidated Fund of India?
  • Revenues
  • Fresh loans
  • Repayment of loans
  • All the above
Which statement is incorrect?
  • Arbitration agreement is a kind of contract.
  • Parties to the arbitration must be legal persons.
  • Arbitration agreement recognises verbal agreement.
  • Both (B) and (C) are incorrect
The provision of section $$8$$, Arbitration and Conciliation Act, $$1996$$ are ________________.
  • pre-emptory
  • directory
  • discretionary
  • optional
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 _____________.
  • Orma Impex Pvt. Ltd. v. Nissuri Arb. Pte Ltd., AIR $$1999$$ SC $$2871$$
  • Olympus Super Structures Pvt. Ltd. v. Meena Vijay Khetan, AIR $$1999$$ SC $$2102$$
  • M.M.T.C. Ltd. v. Sterlite Industries(India) Ltd., AIR $$1997$$ SC $$605$$
  • None of the above
Which is correct statement?
  • Institutional arbitration has its own set of rules.
  • Indian Council of Arbitration is the apex body.
  • The rules may provide for domestic or international arbitration or for both.
  • All of the above
The appointment of arbitrator/arbitrators, can be made _______________.
  • by the parties
  • by designated authority
  • by arbitral institution
  • Either (a) or (b) or (c)
Section $$12(3)$$ provides the ground for challenging to the arbitrator when ___________.
  • he is not independent or impartial
  • he is a foreign national
  • he is not qualified as per agreement between the parties
  • Both (a) and (c)
Under section $$32$$, the principle of res judicata is applicable in:
  • a case having reference to an arbitral Tribunal
  • a suit in a court of law
  • interim award made by the arbitral Tribunal
  • only (a) and (b)
An arbitral award may be set aside by the court if:
  • the arbitral award is in conflict with the public policy of India
  • the subject matter of dispute is not capable of settlement by arbitration under the law for the time being in force
  • both (a) and (b) are incorrect
  • both (a) and (b) are correct
Section $$34$$ of $$1996$$ Act is analogous to:
  • section $$30$$ of $$1940$$ Act
  • section $$28$$ of $$1940$$ Act
  • section $$32$$ of $$1940$$ Act
  • none of the above
The Arbitral Tribunal shall rule _______________.
  • at the direction of court
  • on its own discretion
  • at the instruction of parties
  • as per provisions of General Clauses Act, $$1897$$:
In an arbitration by three arbitrators where the parties fail to agree upon appointment of arbitrators, under section $$11$$, Arbitration and Conciliation Act, $$1996$$.
  • each party shall appoint one, and the two appointed arbitrators shall appoint the third arbitrator
  • the claimant shall appoint two arbitrators and the disputant shall appoint one
  • the disputant shall appoint two arbitrators and the claimant shall appoint one
  • all the three, to be appointed by the Court
The expression 'costs' under section $$31$$ means reasonable costs relating to:
  • fees and expenses of the arbitrators
  • administration fees of the institution supervising the arbitration
  • only (a)
  • both (a) and (b)
The arbitral tribunal may by order terminate the arbitral proceedings _______________.
  • when parties have mutually agreed to seek termination of arbitral proceedings
  • when the claimant withdraws his disputed case and which is not objected by the respondent
  • when the arbitral Tribunal thinks it is impossible to continue proceedings
  • all of the above
The delay in making an application for setting aside the arbitral award under section $$34$$
  • cannot be condoned
  • can be condoned for a maximum period of $$30$$ days
  • can be condoned for a maximum period of $$60$$ days
  • can be condoned for a maximum period of $$90$$ days
Section $$53$$ talks about the arbitration agreement:
  • in general
  • in specific
  • in simpliciter
  • none of the above
Section $$39$$ deals with:
  • costs of arbitration
  • fees for the arbitrators
  • unpaid costs of arbitration
  • none of the above
Section $$38$$ deals with:
  • unpaid costs of arbitration
  • fixation of the costs of an arbitration
  • both (a) and (b)
  • none of the above
Under section $$34$$, misconduct in proceeding means:
  • proceeding ex prlrte without sufficient cause
  • improper rejection of evidence
  • both (a) and (b)
  • only (a)
The expression 'foreign award' is defined under:
  • section $$41$$
  • section $$42$$
  • section $$44$$
  • section $$40$$
Under section $$48$$, 'contrary to public policy of 'India' connotes _______________.
  • interests of India
  • justice or morality
  • fundamental policy of Indian Law
  • all of the above
Part II of the Act deals with _____________.
  • New York Convention awards
  • Concilliation
  • None of the above
  • both (A) and (B)
Delay in making an application for setting aside the arbitral award
  • can be condoned under section $$5$$ of Limitation Act
  • cannot be condoned by invoking section $$5$$ of Limitation Act
  • may be condoned under section $$5$$ of Limitation Act as per discretion of the Court
  • only (a) and not (b) or (c)
Section $$48$$ lays down the provisions for:
  • foreign award
  • power of judicial authority to refer parties to arbitration
  • binding effect of foreign award
  • conditions for enforcement of foreign awards
Section $$41$$ deals with:
  • provision in case of insolvency
  • provision in case of death
  • provision in case of minor
  • none of the above
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