CBSE Questions for Class 12 Commerce Legal Studies Arbitration,Tribunal Adjudication And Alternate Dispute Resolution Quiz 5 - MCQExams.com

The word 'arbitration' in $$1996$$ Act connotes the same meaning as contained in ______.
  • Article $$2(d)$$ of Model Law of UNCITRAL
  • Article $$2(b)$$ of Model Law of UNCITRAL
  • Article $$2(a)$$ of Model Law of UNCITRAL
  • none of the above
Which is the incorrect statement: The High Court before appointing an arbitrator, shall have due regard to _____________.
  • qualifications required of the arbitrators by the agreement of the parties
  • nationality of the arbitrator
  • other considerations which are likely to secure the appointment of an impartial arbitrator
  • None of the above
Scope and object of section $$8$$ of the Arbitration and Conciliation Act, $$1996$$ is _________________.
  • the same as that of section $$34$$ of the Arbitration Act, $$1940$$
  • different from that of section $$34$$ of the Arbitration Act, $$1940$$
  • same or different from that of section $$34$$ of the Arbitration Act, $$1940$$, depending on the facts and circumstances of the case
  • either (A) or (C)
Reference in a contract to a document containing an arbitration clause _______________.
  • does not constitute an arbitration agreement
  • constitutes an arbitration agreement if the contract is in writing and the reference is such as to make the arbitration clause part of the contract
  • constitutes an arbitration agreement where the contract though oral, the reference is such as to make that arbitration clause part of the contract
  • either (b) or (c)
The court has a jurisdiction to entertain an application for interim measures ________________.
  • either before arbitral proceeding or after making of the arbitral award
  • before the arbitral award is enforced
  • can exercise power suo motu
  • both (a) and (b)
In case of three arbitrators, the 'third arbitrator' shall act as ____________.
  • an umpire
  • a presiding arbitrator
  • sole arbitrator
  • none of the above
An application under section $$8$$, Arbitration and Conciliation Act, $$1996$$, contemplates __________.
  • a matter pending before the Court
  • a matter pending before a quasi-judicial authority
  • a matter pending before an administrative authority
  • either (a) or (b) or (c)
Under section $$7$$, Arbitration and Conciliation Act, $$1996$$, an arbitration agreement shall be in writing if it is contained in __________.
  • a document signed by the parties
  • an exchange of letters, telex, telegrams or other means of telecommunication which provide a record of the agreement
  • 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
  • either (a) or (b) or (c)
An application for referring the parties to arbitration under section $$8$$, Arbitration and Conciliation Act, $$1996$$, must be accompanied by ____________.
  • the original arbitration agreement or a photocopy thereof
  • the original arbitration agreement or a duly certified copy thereof
  • a duly certified copy of the arbitration agreement or a photocopy thereof
  • the original arbitration agreement only. Once an application under section $$8$$
Section $$8$$, Arbitration and Conciliation Act, $$1996$$ ______________.
  • bars the court from referring the parties to arbitration once the party has submitted his statement
  • 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
  • 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
  • only (a), and not (b) or (c)
The 'Presiding Arbitrator' is appointed by ____________.
  • parties to the arbitration agreement
  • the appointed arbitrator by each party
  • the Court
  • either (a) or (b) or (c)
Section $$9$$ of $$1996$$ Act deals with ______________.
  • interim measures by the court
  • discretionary powers of the court
  • both (a) and (b)
  • None of the above
Under section $$10$$, Arbitration and Conciliation Act, $$1996$$, the parties are free to determine the number of 'arbitrators', provided that such number _______________.
  • does not exceed three
  • does not exceed five
  • does not exceed seven
  • is not an even number
Section $$12$$ of Arbitration and Conciliation Act, $$1996$$ deals with _______________.
  • procedure 'for arbitration
  • grounds for challenge to Arbitrator
  • finality of award $$1$$
  • none of the above
In the case of appointment of sole or third arbitrator in an international commercial arbitration, a person _______________.
  • who is of the nationality of the claimant may be appointed as arbitrator
  • who is of the nationality of the disputant may be appointed as an arbitrator
  • who is of any nationality irrespective of the nationalities of the parties may be appointed as an arbitrator
  • who is of a nationality other than the nationalities of the parties may be appointed as an arbitrator
A party ____________.
  • cannot challenge an arbitrator appointed by him
  • may challenge an arbitrator appointed by him for reason of which he becomes aware after the appointment has been made
  • may challenge an arbitrator appointed by him for reason known to him before the appointment is made
  • 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
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 __________.
  • an administrative order
  • an interim order
  • a judicial order
  • none of the above
Under section $$11$$, Arbitration and Conciliation Act, $$1996$$, a person for being an arbitrator ______________.
  • must be an Indian national
  • must be an Indian citizen
  • may be a person of any nationality
  • may be a person of any nationality except an alien enemy
Under section $$11$$, Arbitration and Conciliation Act, the arbitrator has to be appointed _______________.
  • within $$30$$ days of the arbitration agreement
  • within $$30$$ days of arising of the dispute
  • within $$30$$ days of failure of resolve the dispute of their own
  • within $$30$$ days from the receipt of request for appointment of arbitrator from the other party
The parties to the arbitration agreement shall appoint arbitrator within __________.
  • thirty days
  • sixty days
  • forty days
  • ninety days
Where the parties fail to provide for an odd number of arbitrators, the arbitral tribunal shall consist of _______________.
  • three arbitrators
  • five arbitrators
  • sole arbitrators
  • either (a) or (b) or (c)
When the mandate of an arbitrator terminates, _________________.
  • no other arbitrator shall be appointed
  • a substituted arbitrator shall be appointed
  • the matter shall be sent to the court
  • the dispute shall remain undecided by the Arbitrators
The party applying for the enforcement of a foreign award shall, produce before the court ____________.
  • original award or a copy thereof authenticated by law of the country
  • original agreement for arbitration or a duty certified copy thereof
  • such evidence as may be necessary to prove that the award is a foreign award
  • All of the above
Which of the following is incorrect statement
  • the effect of award being set aside is no longer enforceable by law
  • the setting aside of an award acts as a bar to subsequent arbitral proceeding on the same dispute
  • the setting aside of an arbitral award invalidates the arbitral agreement
  • none of the above
For condonation of delay in making an application for setting aside the arbitral award
  • section $$34$$ of the Act is complete in itself
  • section $$5$$ of the Limitation Act, $$1963$$ is applicable
  • both (a) and (b)
  • neither (a) nor (b)
The provision for setting a side the arbitral award is laid down under:
  • section $$32$$ of the Act
  • section $$36$$ of the Act
  • section $$34$$ of the Act
  • none of the above
The Arbitral Tribunal may____________
  • appoint one or more experts to report to it on specific issues to be determined by itself
  • appoint only one expert to report to it on specific issues to be determined by the arbitral Tribunal
  • appoint a Court Receiver to report specific issues
  • may appoint Court Commissioners to report specific issues
The mandate of an arbitrator shall terminate _____________.
  • when he withdraws from his office for any reason
  • when he becomes de jure or defacto unable to act without undue delay
  • when the parties have agreed to terminate arbitrator's authority
  • all of the above
The provision which provides for mutual settlement of dispute by parties before the arbitral tribunal is laid down under  _______________.
  • section $$24$$
  • section $$30$$
  • section $$29$$
  • section $$27$$
Where there is a challenge to arbitrator under any procedure agreed upon by the parties, the Arbitral Tribunal shall ____________.
  • send the matter to the court
  • appoint any other arbitrator at its own discretion
  • not continue the arbitral proceedings
  • continue the arbitral proceedings and shall decide on the challenge
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