THE ARBITRATION AND CONCILIATION ACT, 1996

Transcription

1 THE ARBITRATION AND CONCILIATION ACT, In a case relating to arbitration the arbitral award was remitted under section 16 of the Arbitration Act, The date of award was1st June, The Arbitration and Conciliation Act came into force on 22 August, 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. The present Arbitration and Conciliation Act of 1996 is based on: (a) Constitution of India (b) Guidelines of Supreme Court of India (c) European Commercial Arbitration Procedure (d) UNCITRAL, Which among the following options is the main purpose of the Arbitration and Conciliation Act, 1996 (a) to comprehensively cover international and commercial arbitration and also conciliation as also domestic arbitration and conciliation (b) to cover only domestic arbitration and conciliation (c) to cover only international arbitration (d) None of 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.

2 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 (d) Orma Impex Pvt. Ltd. v. Nissuri Arb. Pte. Ltd., AIR 1999 SC The validity of an arbitration agree-ment 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 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).

3 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 6% per annum from the date of the award till the date of payment 12% per annum from the date of the award till the date of payment 18% per annum from the date of the award till the date of payment 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

4 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. 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. 23. Private arbitration is also described as: (a) integral arbitration (b) consensual arbitration (c) domestic arbitration 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 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 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

5 (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 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

6 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 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) j (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) 42. Which is incorrect statement: (a) Court means principal Civil Court of original jurisdiction in a district.

7 (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 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 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 Which is incorrect statement: Arbitration agreement should be in writing (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

8 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

9 (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 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) 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. 62. Under section 9, interim measures by the court does not include:

10 (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 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 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 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

11 (b) nationality of the arbitrator (c) other considerations which are likely to secure the appointment of an impartial arbitrator. 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

12 (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 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 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 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

13 (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 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 87. The Arbitral Tribunal may (a) appoint o_ne 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 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

14 (c) section 29 (d) section 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 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) (b) 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 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 96. The provision for setting a side the arbitral award is laid down under: (a) section 32 of the Act

15 (b) section 36 of the Act (c) section 34 of the Act 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 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) 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) 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:

16 (a) proceeding ex prlrte without sufficient cause (b) improper rejection of evidence (c) both (a) and (b) (d) only (a) Personal misconduct connotes: (a) bias (b) bribery (c) having interest in the subject-matter of reference 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 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) Section 39 deals with: (a) costs of arbitration (b) fees for the arbitrators (c) unpaid costs of arbitration 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 109. Section 38 deals with: (a) unpaid costs of arbitration (b) fixation of the costs of an arbitration (c) both (a) and (b) 110. Section 41 deals with: (a) provision in case of insolvency (b) provision in case of death (c) provision in case of minor

17 111. Section 43 deals with: (a) jurisdiction (b) limitation (c) finality of arbitral award 112. The expression foreign award is defined under: (a) section 41 (b) section 42 (c) section 44 (d) section 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 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) 115. Foreign award under section 44 means: (a) that the award must have been made on or after 11th day of October (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 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) 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.

18 118. Under section 48, contrary to public policy of India connotes: (a) interests of India (b) justice or morality (c) fundamental policy of Indian Law 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 120. Section 53 talks about the arbitration agreement: (a) in general (b) in specific (c) in simplicitor 121. Part II of the Act deals with: (a) New York Convention awards (b) Geneva Conventions (c) Conciliation (d) both (a) and (b) 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 124. Section 61 is in pattern of: (a) UNCITRAL Conciliation Rules (b) Arbitration (Protocol and Convention) Act, 1937 (c) Geneva Convention 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

19 126. 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 127. Part III of the Act, shows the importance of: (a) voluntary conciliation (b) involuntary conciliation (c) directive conciliation 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 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 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 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 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). '

20 133. 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 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 135. The power and functions of the conciliator has been laid down under: (a) section 64 (b) section 62 (c) section 67 (d) section The provisions for the appointment of the conciliator is laid down under: (a) section 64 (b) section 67 (c) section 62 (d) section 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 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 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).

21 140. 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 141. Termination of conciliation proceedings are laid down under: (a) section 76 (b) section 74 (c) section 73 (d) section Section 73 lays down the provisions for: (a) costs (b) termination of conciliation proceedings (c) confidentiality (d) settlement agreement 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 (d) role of conciliator in other proceedings (c) power of the High Court to make rules 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 146. Section 63 deals with: (a) number of conciliators (b) appointment of conciliators (c) role of conciliators 147. The term fairness embodies: (a) the concept of justice

22 (b) the concept of equality (c) the concept of unbiasness 148. Part IV of the Act deals with: (a) Geneva Conventions (b) Costs and Expenses (c) Supplementary Provisions 149. The Principle of Confidentiality is laid down under: (a) section 76 (b) section 73 (c) section 75 (d) section 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 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 A written arbitration agreement is authentic if it is contained in: (a) a document signed by the parties

23 (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 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 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 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 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 The party applying for the enforcement of a foreign award shall, at the time of application, produce before the court

24 (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 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 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, 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 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, 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

25 ANSWERS 1 (c) 35 (d) 69 (b) 103 (c) 137 (b) 2 (d) 36 (a) 70 (d) 104 (d) 138 (b) 3 (a) 37 (d) 71 (c) 105 (a) 139 (a) 4 (c) 38 (c) 72 (c) 106 (d) 140 (d) 5 (a) 39 (a) 73 (a) 107 (c) 141 (a) 6 (a) 40 (b) 74 (d) 108 (d) 142 (d) 7 (c) 41 (c) 75 (d) 109 (b) 143 (b) 8 (a) 42 (b) 76 (b) 110 (a) 144 (a) 9 (b) 43 (c) 77 (b) 111 (b) 145 (d) 10 (c) 44 e 78 (b) 112 (c) 146 (a) 11 (d) 45 (b) 79 (d) 113 (d) 147 (b) 12 (d) 46 (c) 80 (d) 114 (c) 148 (c) 13 (b) 47 (b) 81 (b) 115 (a) 149 (c) 14 (a) 48 (d) 82 (d) 116 (d) 150 (a) 15 (b) 49 (b) 83 (d) 117 (d) 151 (d) 16 (c) 50 (a) 84 (b) 118 (d) 152 (c) 17 (d) 51 (b) 85 (b) 119 (b) 153 (a) 18 (c) 52 (d) 86 (d) 120 (c) 154 (d) 19 (c) 53 (b) 87 (a) 121 (d) 155 (a) 20 (d) 54 (b) 88 (c) 122 (b) 156 (c) 21 (a) 55 (c) 89 (b) 123 (a) 157 (d) 22 (d) 56 (a) 90 (d) 124 (a) 158 (d) 23 (b) 57 (b) 91 (c) 125 (b) 159 (d) 24 (b) 58 (a) 92 (d) 126 (a) 160 (d) 25 (d) 59 (a) 93 (d) 127 (a) 161 (a) 26 (d) 60 (a) 94 (b) 128 (c) 162 (b) 27 (b) 61 (d) 95 (a) 129 (c) 163 (a) 28 (c) 62 (d) 96 (c) 130 (d) 164 (a) 29 (b) 63 (d) 97 (d) 131 (c) 165 (b) 30 (a) 64 (b) 98 (a) 132 (b) 166 (a) 31 (a) 65 (c) 99 (b) 133 (b) 32 (c) 66 (b) 100 (a) 134 (b) 33 (c) 67 (d) 101 (b) 135 (c) 34 (a) 68 (a) 102 (c) 136 (a) The answers are suggestive. Kindly verify from the basic documents, statutes, judgments, gazette notifications or recommended text books to remove any doubt or clearance.