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CBSE Questions for Class 12 Commerce Legal Studies Arbitration,Tribunal Adjudication And Alternate Dispute Resolution Quiz 3 - MCQExams.com
CBSE
Class 12 Commerce Legal Studies
Arbitration,Tribunal Adjudication And Alternate Dispute Resolution
Quiz 3
The 'Securities Appellate Tribunal'(SAT) is a
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Quasi-judicial body established by Central Govt.
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Judicial body established by Supreme Court
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Regulatory body established by SEBI
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Remedial body established by RBI
Explanation
The 'Securities Appellate Tribunal'(SAT) is a
Quasi-judicial body established by Central Govt.
Who is heading the Commission on Centre state relations constituted by the government in $$2007$$?
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Justice A.R. Lakshmanam
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Justice A.S. Anand
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Justice Y.K. Sabharwala
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Justice M.M. Punchhi
Explanation
Center-State relations as provided by the Indian Constitution has been amended time and again in order to keep up with the changes in the political and economic scenario of the country. For this purpose, in the year $$2007$$, the UPA government constituted a four-member committee to look into roles and responsibilities of different levels of the Government and their inter-relation. This committee was headed by retired Chief Justice of India Justice Madan Mohan Punchhi and hence was named as Punchhi Commission.
Lok Adalat is a mechanism for ___________.
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avoiding litigation
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dispensing speedy justice
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reducing speedy justice
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correcting the administration
Explanation
Lok Adalat is one of the modes of Alternative Dispute Resolution. The Lok Adalat Mechanism is available throughout the State through the Legal Services Authorities/Committees for amicable settlement. It is a very effective institution of alternative dispute resolution, where the cases pending in the court of law or at pre-litigation stage are settled amicably. The decision or decree of Lok Adalat is final and binding like a civil court.
When was International Telecommunications Union established?
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1864
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1865
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1869
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1876
Explanation
International Telecommunications Union was established as International Telegraph Union on $$17$$th May, $$1865$$ at Paris. It is a specialised agency of the UN which deals with issues related to Inernational Telecommunications and information technology. The International Telegraph Union merged with International Radiotelegraph Union which was unofficially established, in the year $$1932$$ to make International Telecommunication Union which is now headquartered at Geneva, Switzerland.
The power of issuing of writs not only for Fundamental Rights but for the other purposes also, is with
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Supreme Court
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High Courts
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Lower Courts
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None of these
Explanation
The power of issuing of writs not only for Fundamental Rights but for the other purposes also, is with High Court.
Ombudsman refers to the person _____.
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who looks into complaint against the corruption at high levels and against the maladministration
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who is the chief of a gang
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who is the declined from the court process
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who is the retired judge
Explanation
An ombudsman is a person who acts as a trusted intermediary between either the state, elements of state or an organisation, and some internal or external constituency, while representing not only but mostly the broad scope of constituent interest. A Lokpal is proposed in India. The word is derived from the Sanskrit word 'lok' (people) and 'pala' (protector/caretaker), or "caretaker of people."
The Central Administrative Tribunal and State Administrative Tribunals were set up through a law passed in _____.
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$$1985$$
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$$1986$$
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$$1987$$
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$$1991$$
Explanation
The Administrative Tribunals Act, 1985 provides for adjudication or trial of disputes and complaints with respect to recruitment and conditions of service of public servants. The act has made provisions for the Central Administrative Tribunal for the Centre and a State Administrative Tribunal for a particular State.
Which of the following is correct with reference to Lok Adalat?
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It has pre-litigative jurisdiction
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Consists of a sitting or retired judicial officer
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Criminal jurisdiction
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None of the above
Explanation
Lok Adalat is one of the modes of Alternative Dispute Resolution. The Lok Adalat Mechanism is available throughout the State through the Legal Services Authorities/Committees for amicable settlement. It is a very effective institution of alternative dispute resolution, where the cases pending in the court of law or at pre-litigation stage are settled amicably. The decision or decree of Lok Adalat is final and binding like a civil court. It consists of a sitting or retired judicial officer.
Where was the first Lok Adalat organized?
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Andhra Pradesh
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Maharashtra
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Gujarat
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Rajasthan
Explanation
Lok Adalats, known as people's courts settle dispute through conciliation and compromise. The First Lok Adalat was held in Una city in Junagarh district of Gujarat in 1982. Generally, Lok Adalat accepts cases pending in the regular courts within their jurisdiction which could be settled by conciliation and compromise.
Which of the following States does not have Legislative council?
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Bihar
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Madhya Pradesh
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Uttar Pradesh
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Karnataka
Explanation
Madhya Pradesh does not have a legislative council.
A person appointed by two parties to settle a dispute is known as ______.
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Attorney
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Arbitrator
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Advocate
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Solicitor
Explanation
Arbitration is a legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons (the "arbitrators", or "arbitral tribunal"), by whose decision the "award" they agree to be bound. An arbitrator serves as the decision-maker and referee in an arbitration proceeding, much like a judge during a court case.
The Third National Lok Adalat which disposed of $$56000$$ cases in a single day was held under the chairmanship of
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Justice H.L Dattu
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Justice T.S. Thakur
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Justice Jagdish Singh Khehar
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Justice Anil. R. Dave.
Explanation
The Third National Lok Adalat which disposed of
56000
cases in a single day was held under the chairmanship of
Justice T.S. Thakur
A Lok Adalat is different form other courts
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Because its decisions cannot be challenged in any Court of Law
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Because the system is developed by Judges
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Because the Parliamentary Act guides it
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None of the above
Explanation
A Lok Adalat is different form other courts
Because its decisions cannot be challenged in any Court of Law.
Lok Adalats have been created under ______.
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Arbitration and Conciliation Act
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Supreme Court of India
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Legal Services Authority Act
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73rd amendment of the Constitution
Explanation
Lok Adalat is one of the modes of Alternative Dispute Resolution. The Lok Adalat Mechanism is available throughout the State through the Legal Services Authorities/Committees for amicable settlement. It is a very effective institution of alternative dispute resolution, where the cases pending in the court of law or at pre-litigation stage are settled amicably. The decision or decree of Lok Adalat is final and binding like a civil court. It consists of a sitting or retired judicial officer. Lok Adalat has been given statutory status under the Legal Services
Authorities Act, 1987.
The practical application of the collaborating and compromising approaches to conflict management is _______________.
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Arbitration
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Negotiating
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Meditating
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None of these
Explanation
The practical application of the collaborating and compromising approaches to conflict management is Arbitration.
Criminal Law (Ammendment) Act, $$2013$$ does not provide that:
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A rape convict can be sentenced to a term not less than $$20$$ years
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Death sentence to repeat offenders.
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Stalking and voyeurism are bailable offences
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Acid attack convicts can get a $$10$$ year jail term
Explanation
Criminal Law (Ammendment) Act,
2013
does not provide that
Stalking and voyeurism are bailable offences.
The Central Administrative Tribunal adjudicates disputes with respect to the recruitment and conditions of service of persons appointed:
1) To public services and posts in connection with the affairs of the Union.
2) Members of the defence forces.
3) Officers and servants of the Supreme Court or of any High Court in India.
Select the correct answer using the code given below.
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1 and 2
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1 only
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2 only
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2 and 3
Explanation
The Central Administrative Tribunal's function is to adjudicate the disputes with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or state or other local authorities within the territory of India od under the control of Government of India.
The term "Wakf' under Wakf Act, 1995 means _______________________.
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Permanent dedication by a person professing Islam, of any movable or immovable property for any purpose recognised by the Muslim Law as pious, religious or charitable.
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Permanent dedication by a person professing Islam, of any property for any purpose recognised by Muslim Law as religious or charity.
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Temporary dedication by a person professing Islam of any property.
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None of the above.
Explanation
The term "Wakf' under Wakf Act, 1995 means permanent
dedication by a person professing Islam, of any movable or immovable property for any purpose recognised by the Muslim Law as pious, religious or charitable.
Which of the following bodies was instrumental in setting-up permanent and continuous Lok Adalat in Delhi, to resolve disputes pertaining to bodies such as M.C.D, N.D.M.C. B.S.E.S, N.D.P.L, M.T.N.L. etc.,?
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Delhi Legal Services Authority
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Bar Council of India
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Bar Association of Delhi
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Indian Council of Arbitration.
Explanation
Delhi Legal Services Authority
bodies was instrumental in setting-up permanent and continuous Lok Adalat in Delhi, to resolve disputes pertaining to bodies such as M.C.D, N.D.M.C. B.S.E.S, N.D.P.L, M.T.N.L. etc.,
The Wagner Act which proved to be the Magna Carta of Labour was introduced in which country?
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United States of America
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Great Britain
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France
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Japan
Explanation
The Wagner Act which proved to be the Magna Carta of Labour was introduced in United States of America.
With reference to Lok Adalats, which of the following statements is correct?
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Lok Adalats have the jurisdiction to settle the matters at pre-litigative stage and not those matters pending before any court.
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Lok Adalats can deal with matters which are civil and not criminal in nature.
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Every Lok Adalat consists of either serving or retired judicial officers only and not any other person.
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None of the above
Explanation
Lok Adalat is one of the modes of Alternative Dispute Resolution. The Lok Adalat Mechanism is available throughout the State through the Legal Services Authorities/Committees for amicable settlement. It is a very effective institution of alternative dispute resolution, where the cases pending in the court of law or at pre-litigation stage are settled amicably. The decision or decree of Lok Adalat is final and binding like a civil court.
It consists of a sitting or retired judicial officer and other persons.
An arbitral award made under Part $$1$$ of the Arbitration and Conciliation Act, $$1996$$ shall be considered as a ___________.
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domestic award
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foreign award
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general award
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international award
Explanation
Under Arbitration and Conciliation Act, 1996
Chapter I: General Provisions
Section 2: Definitions
Section2(7) an arbitral award made under this, part shall be considered as a domestic award.
In an arbitration proceeding, an award passed under the provision of section 2 to 43 of Arbitration and Conciliation Act, 1996 is called domestic award. These are dispute between parties of nation and within the country.
Under Part II Enforcement of certain foreign awards, section 44 defines a foreign award ,
it reads as follows:
Unless the context otherwise requires foreign award means an arbitral award on differences between person arising out of legal relationships, whether contractual or not, considered as commercial under the Law in force in India, made on or after the 11th day of October 1960.
An arbitral award _______.
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must be connected with the subject-matter of the dispute arbitrated
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must be founded on principle of trust
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both (a) and (b) are correct
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only (a) is correct
Explanation
According to the Arbitration and Conciliation Act, 1996, an Arbitral Award, shall be in writing, shall be signed by members of Arbitral Tribunal, shall state the reasons on which the Award is based, date and place of arbitration shall be decided. The Act provides that after passing the Award, a signed copy of the Award shall be delivered to each party.
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 $$22$$ August, $$1996$$. The validity of award can be challenged under the __________________.
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Limitation Act, $$1963$$
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General Clauses Act, $$1897$$
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Arbitration Act, $$1940$$
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Arbitration and Conciliation Act, $$1996$$ only
Explanation
If we go through section $$85$$ of the Arbitration and Conciliation Act, $$1996$$, we will find that old act of $$1940$$ has been repealed and all the provisions of the $$1996$$ act shall be enforceable on and after the act is enforced and also the provisions of $$1940$$ act shall apply in
relation to arbitral proceedings which commenced before
the
$$1996
$$ Act came into force unless otherwise agreed by the
parties.
Hence, any award passed before the $$1996$$ act came into force shall be dealt with provisions of $$1940$$ act.
Arbitral proceedings commence _______.
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on the date on which a request for a dispute to be referred to arbitration is received by the respondent
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on the date when the respondent gives consent to the appointment of the arbitrator
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on the date when the arbitrator issues notice of the parties
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on the date when the statement of claim and written submission of defence is made
Explanation
Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent. This has been provided under the Arbitration and Conciliation Act, 1996.
The present Arbitration and Conciliation Act of $$1996$$ is based on ______.
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Constitution of India
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Guidelines of Supreme Court of India
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European Commercial Arbitration Procedure
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UNCITRAL, $$1985$$
Explanation
The Arbitration and Conciliation Act, 1996 has repealed the Arbitration Act, 1940 and also the Acts of 1937 and 1961, consolidated and amended the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards and also defines the law relating to conciliation, providing matters connected therewith and incidental thereto on the basis of the Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law (UNCITRAL) in 1985.
Which among the following options is the main purpose of the Arbitration and Conciliation Act, $$1996$$ ?
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To comprehensively cover international and commercial arbitration and also conciliation as also domestic arbitration and conciliation
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To cover only domestic arbitration and conciliation
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To cover only international arbitration
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None of the above
Explanation
The Arbitration and Conciliation Act, 1996 has repealed the Arbitration Act, 1940 and also the Acts of 1937 and 1961, consolidated and amended the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards and also defines the law relating to conciliation, providing matters connected therewith and incidental thereto on the basis of the Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law (UNCITRAL) in 1985.
Part I of the Arbitration and Conciliation Act, $$1996$$ applies where __________________.
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the place of arbitration is in India
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the place of arbitration is outside India, but is in Asia
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the place of arbitration is outside India, but is in Europe
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the place of arbitration is anywhere in the world
Explanation
Under the Arbitration and Conciliation Act, 1996
Part I : Arbitration
Chapter I : General Provision
Section 2: Definitions
Section 2(2) Scope: This part shall apply where the place of arbitration is in India.
Section 2(7) an
arbitral award made under this Part shall be considered as a domestic award.
The power of court to refer parties for arbitration would and must necessarily include, imply and inhere in it ______.
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the power and jurisdiction to advice the parties
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the power and jurisdiction to review the award
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the power and jurisdiction to appoint the arbitrator
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the power and jurisdiction to call for another arbitrator
Explanation
This has been covered under the Section 8 of the Arbitration and Conciliation Act, 1996. The language of section is peremptory in nature. Therefore, in cases where there is an arbitration clause in the agreement, it is obligatory for the court to refer the parties in arbitration in terms of their arbitration agreement and nothing remains to be decided in the original action after such an application is made except to refer the dispute to an arbitrator.
In the matters governed by Part I of the Arbitration and Conciliation Act, $$1996$$ _____________.
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a judicial authority can intervene generally
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a judicial authority shall not intervene under any circumstances
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a judicial authority cannot intervene except where so provided in this Part
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either (a) or (c)
Explanation
Under the Arbitration and Conciliation Act, 1996
Chapter I: General Provisions
It has been provided under section 5 that a judicial authority shall not intervene except provided in this part (part 1)
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