CBSE Questions for Class 12 Commerce Legal Studies Arbitration,Tribunal Adjudication And Alternate Dispute Resolution Quiz 6 - MCQExams.com

Where the challenge to the arbitrator is not successful _______________________.
  • the arbitral Tribunal shall stay the proceedings giving opportunity to the party to take appropriate legal proceedings against the order
  • 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
  • the arbitral Tribunal shall continue the arbitral proceedings and made the award
  • the arbitral Tribunal shall continue the proceedings only with the consent of the party who has challenged the arbitrator
Under section $$11$$ of Arbitration and Conciliation Act, $$1996$$, an arbitrator can be _____________.
  • a person or a arbitrator of any previous disputes
  • a person of concerned State
  • a person of Indian origin only
  • a person of any nationality
Section $$13$$ of Arbitration and Conciliation Act, $$1996$$ lays down ________________.
  • the termination of mandate of arbitrator
  • the procedure for challenging an arbitration
  • powers of arbitral tribunal
  • none of the above
Section $$43$$ deals with:
  • jurisdiction
  • limitation
  • finality of arbitral award
  • none of the above
An application for setting aside an arbitral award must be made by the party after receiving the award within:
  • three months
  • thirty days
  • ninety days
  • forty days
Which of the following is incorrect statement?
  • Conciliation is a process where one party of dispute initiates and other party assents to adopt
  • Conciliation is a method of settlement
  • Conciliation applied to contractual dispute only
  • None of the above
The enforcement of a foreign award may be refused if ______________.
  • the party against whom the award is invoked was not given proper notice of the appointment of the arbitrator
  • enforcement of the award would be contrary to the public policy of India
  • none of the above
  • both (A) and (B)
Section $$53$$ of the Arbitration and Conciliation Act, 1996 has limited application because ____________.
  • it applies to the jurisdiction of different parties to the New York Convention
  • it applies to the jurisdiction of different parties to the Geneva Convention
  • it applied to the jurisdiction of domestic land
  • none of the above
Foreign award' implies _______________.
  • where one of the parties is foreign national
  • where the award is made in foreign country
  • where subject matter deals with international trade
  • All of the above
Part I of the Act deals with ____________.
  • Domestic Arbitration
  • New York Convention awards
  • UNCITRAL
  • None of the above
Foreign award under section $$44$$ means ___________.
  • that the award must have been made on or after $$11$$th day of October $$1960$$
  • that the award must have been made after $$28$$th day of July $$1924$$
  • that the award must have been made on or after $$12$$th day of December $$1971$$
  • none of the above
The conciliation proceedings shall be terminated ______________.
  • by signing of the settlement agreement by the parties, on the date of agreement
  • by written declaration of the parties and the conciliator to terminate the conciliation proceedings on the date of declaration
  • by written declaration of the parties addressed to the conciliator to the effect that conciliation proceedings are terminated, on the date of declaration
  • All of the above
After the settlement agreement is reached between the parties to conciliation ________________.
  • the conciliator makes an award stating the reasons thereof
  • the conciliator shall authenticate the settlement agreement and furnish a copy thereof
  • the conciliator shall refer the matter to the tribunal
  • None of the above
The evidence which is inadmissible under section $$81$$ is _____________.
  • admissions made by other party in the course of the conciliation proceedings
  • proposals made by the conciliator
  • views expressed by the conciliator in course of conciliation proceedings
  • All of the above
Section $$73$$ lays down the provisions for ______________.
  • costs
  • termination of conciliation proceedings
  • confidentially
  • settlement agreement
The conciliation proceedings ________________________.
  • can be used as evidence in any judicial proceedings
  • can be used as evidence only in the arbitral proceedings
  • can be used as evidence only on the discretion of the judge or arbitrator
  • cannot be used as evidence in any arbitral or judicial proceedings
Termination of conciliation proceedings are laid down under __________.
  • section $$76$$
  • section $$74$$
  • section $$73$$
  • section $$75$$
Which one of the following is an incorrect statement ?
  • Conciliation means settling of disputes without litigation.
  • The conciliators do not engage in any formal hearing.
  • The party comes to settlement only when the award is made by the conciliator.
  • None of the above
Conciliation proceedings shall commence _______________.
  • when both the parties comes to a written agreement
  • when written invitation to conciliation is made to the other party
  • when both the parties agree for conciliation mutually
  • none of the above
The 'Principle of Co-operation' is laid down under _______________.
  • section $$71$$
  • section $$70$$
  • section $$69$$
  • None of the above
Which of the following is incorrect statement ?
  • The conciliator shall assist the parties in an independent and impartial manner.
  • The conciliator can make proposals for settlement but it has to be accompanied by the statement of reasons.
  • The conciliator shall be guided by principle of objectivity, fairness and justice.
  • None of the above
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 __________.
  • under International Commercial Arbitration within the meaning of section $$2(f)$$ of Arbitration and Conciliation Act, $$1996$$
  • under general arbitration within the meaning of section $$2(a)$$ of Arbitration Act, $$1940$$
  • under section $$3(b)$$ of Civil Procedure Code, $$1908$$
  • under section $$5(b)$$ of General Clauses Act, $$1897$$
Which of the following is incorrect statement ______________.
  • under section $$40$$, the arbitration agreement shall not be discharged by death of the party.
  • under section $$40$$, where the death occurs during the course of the arbitral proceedings, all the legal representatives are bound by the award
  • 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
  • None of the above
Before the enactment of Arbitration and Conciliation Act, $$1996$$ which Act has been applicable in India for the arbitration procedure?
  • The Arbitration Act, $$1940$$
  • The Code of Civil Procedure, $$1908$$
  • The General Clauses Act, $$1897$$
  • none of the above
The Arbitrator in respect of escalation cost __________.
  • has jurisdiction to proceed inherently
  • has no jurisdiction to proceed inherently
  • has to proceed only within scope of Contract Act
  • has to proceed only within scope of
What is the meaning of Lokpal ?
  • People's representative
  • People's voice
  • People's caretaker
  • None of these
The party applying for the enforcement of a foreign award shall, at any time of the application, produce before the court _____________.
  • the original award or a copy thereof, duty authenticated in the manner required by law of the country in which it was made
  • the original agreement for arbitration or a duty certified copy thereof $$1$$
  • such evidence as may be necessary to prove that the award is a foreign award
  • All the above
Central Vigilance commission is not the apex vigilance commission.
  • True
  • False
Bar of non-registration of Firm under section $$69$$ of Partnership Act, does not affect maintainability of petition under __________.
  • section $$5$$ of Arbitration and Conciliation Act
  • section $$9$$ of Arbitration and Conciliation Act
  • section $$10$$ of Arbitration and Conciliation Act
  • section $$16$$ of Arbitration and Conciliation Act
The mandate of an arbitrator shall terminate if ______________________.
  • he becomes de jure or de facto unable to perform his functions or for other reasons fails to act without undue delay
  • he withdraws from his office or the parties agree to the termination of his mandate
  • oth (a) and (b) are correct
  • only (b) is correct
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