Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 1

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Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 1

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Weekly Quiz Competition

Question 1
1 / -0

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)
Solution
As per Article 299 of the Indian Constitution, all contracts made in the exercise of the executive power of the Union or of a State shall be expressed to be made by the President, or by the Governor of the State and all such contracts and all assurances of property made in the exercise of that power shall be executed on behalf of the President or the Governor by such persons and in such manner as he may direct or authorise.
Also, neither the President nor the Governor shall be personally liable in respect of any contract or assurance made or executed for the purposes of this Constitution, or for the purposes of any enactment relating to the Government of India, nor shall any person making or executing any such contract or assurance on behalf of any of them be personally liable.
This means article 299 lays down three conditions for making valid contracts in the exercise of the executive power of the Center or a State:
The contract must be expressed to be made by the president or the Governor as the case may be;
All contracts made in the exercise of the executive power are to be executed on behalf of the President/Governor as the case may be; and
The execution must be by such person and in such manner as the President or the Governor as the case may be, may direct or authorize.
Question 2
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From which source does money flow into the Consolidated Fund of India?

A
Revenues

B
Fresh loans

C
Repayment of loans

D
All the above

Solution

All revenues received by Government by way of taxation like income-tax, central excise, custom, land revenue whereas other receipts flowing to Government in connection with the conduct of Government business like receipts from Railways, Posts, Transport etc. are credited into the Consolidated Fund.
All loans raised by Government by issue of Public notifications, treasury bills and loans obtained from foreign governments and international monetary institutions and all moneys received by Government in repayment of loans and interest thereon are also credited into this Fund.
All expenditure incurred by the Government for the conduct of its business including repayment of internal and external debt and release of loans to States/Union Territory Governments for various purposes is debited against this Fund.
Question 3
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Which statement is incorrect?

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

Solution

An arbitration agreement, according to Section $$7$$ of the Arbitration and Conciliation Act, $$1996$$, means an agreement by the parties which are legal persons such as an individual, body corporate or association of persons, to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not. It can either be a part of an agreement or in form of a separate arbitration agreement. Section $$7$$ also specifies that the agreement must be in writing and not oral or verbal.
Question 4
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The provision of section $$8$$, Arbitration and Conciliation Act, $$1996$$ are ________________.

A
pre-emptory

B
directory

C
discretionary

D
optional

Solution

The term 'pre-emptory' means not open to appeal and is final. 'Directory' means the provision is directing to do so and 'Discretionary' means based on the freedom to decide. Section $$8$$ of the Arbitration and Conciliation Act, $$1996$$ talks about power to refer parties to arbitration where there is arbitration agreement. This means it is peremptory in nature. It provides that a judicial authority shall, on the basis of the arbitration agreement between the parties, direct the parties to go for arbitration.
Question 5
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Legal phrases are followed by four meanings. Choose the most appropriate option:
'Animus possidendi' means:

A
Intent to contract

B
Intention to harm

C
Intention to return

D
Intention to possess.

Solution

'Animus possidendi' means intention to possess. The concept of Intention to possess aims to have has been characterized as including "an adequate level of guardianship and control" and "a goal to exercise such care and control without anyone else sake and for one's very own advantage"
Question 6
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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

A
Om Prakash v. State of Littar Pradesh, AIR $$2010$$ Uttra $$64$$

B
Global 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 $$119$$

D
none of the above

Solution

In the case of Global Congeneration Power Ltd. v. Shri Hirenyakeshi Sahkari Karkhana Niyamit, [AIR 2005 Kar 94], the question was regarding the awarding of interim award under section 9 of the Arbitration and Conciliation Act, 1996. It was held that under Section 41(b) of the Arbitration Act 1940, the Court had power to grant interim reliefs, for the purpose of, and in relation to arbitration proceedings. Section 41(b) was interpreted to mean that the Court could grant interim relief if the arbitration proceedings were pending before the arbitrator or before the Court. Pendency of any proceedings in the Court in relation to the arbitration was a precondition for the exercise of power by the Court to grant interim relief under Section 41(b) of the Arbitration Act, 1940.
Question 7
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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 _____________.

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 Industries(India) Ltd., AIR $$1997$$ SC $$605$$

D
None of the above

Solution

An arbitration agreement, according to Section $$7$$ of the Arbitration and Conciliation Act, $$1996$$, means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not. It can either be a part of an agreement or in form of a separate arbitration agreement.
The validity of an arbitration agreement was challenged before the Supreme Court in the case of MMTC Ltd. v. Sterlite Industries (India) Ltd. on the grounds that arbitration clause could not be resorted to and invalid in the light of section 10 of the Act which provides that the parties are free to determine the number of arbitrators provided that such number shall not be even number.The Supreme Court rejected the plea and held that the relevant provision to determine the validity of the arbitration agreement in section $$7$$, which contains the writing requirement, and that there is no reference to number of arbitrators within this provision, that the validity of the arbitration clause does not depend on the number of arbitrators specified therein, and that the arbitration clause was valid.
Question 8
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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.

D
All of the above

Solution

1.An institutional arbitration is one in which a specialized institution with a permanent character intervenes and assumes the functions of aiding and administering the arbitral process, as provided by the rules of that institution. It is pertinent to note that these institutions do not arbitrate the dispute, it is the arbitrators who arbitrate, and only the rules of the institution apply.
2.The Indian Council of Arbitration was established in the year $$1965$$ as an apex arbitral organ at the national level to promote the amicable and quick settlement of industrial and trade disputes by arbitration. The Government of India, the Federation of Indian Chambers of Commerce and Industry, the other important Chambers of Commerce and trade associations in India as well as export promotion councils, public sector undertakings, companies and firms are in its membership.
3.The rules of arbitration does provide for domestic and international commercial arbitration or both which is governed by the provisions of Arbitration and Conciliation Act, $$1996$$.
Question 9
1 / -0

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)

Solution

Appointment of arbitrators under Arbitration Act, $$1996$$ has been provided under Section $$11$$ of the act. Under this section, parties are free to agree on a procedure for appointing the arbitrator or arbitrators. If the parties fail to appoint any arbitrator by agreement, the arbitration will be with three arbitrators where each party shall appoint one arbitrator, and the two appointed arbitrators shall appoint the third arbitrator who shall act as the presiding arbitrator. If the parties fail to agree on the arbitrator within thirty days from receipt of a request by one party from the other party to so agree the appointment shall be made, upon request of a party, by the Chief Justice or any person or institution designated by him or by an arbitral institution.
Question 10
1 / -0

Which one of the following is the most important item of expenditure of the Government of India on revenue account?

A
Defence

B
Subsidies

C
Pensions

D
Interest payments

Solution

A revenue account includes all the revenue receipts also known as current receipts of the government. These receipts include tax revenues and other revenues of the government. Revenue expenditure includes expenses which are not used for the creation of assets or repayment of liabilities. These basically include the current expenses of the government. For example, pensions, giving subsidies, interest payments are instances of revenue expenditure. Out of these, interest payments which include interest payments on government debt-including long-term bonds, long-term loans, and other debt instruments--to domestic and foreign residents, is the most important.

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Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 1

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Question 1

Art. $$235$$

Art. $$299$$

Art. $$39$$

both (a) and (c)

Solution

Question 2

Revenues

Fresh loans

Repayment of loans

All the above

Solution

Question 3

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

Solution

Question 4

pre-emptory

directory

discretionary

optional

Solution

Question 5

Intent to contract

Intention to harm

Intention to return

Intention to possess.

Solution

Question 6

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

Solution

Question 7

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

Solution

Question 8

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

Solution

Question 9

by the parties

by designated authority

by arbitral institution

Either (a) or (b) or (c)

Solution

Question 10

Defence

Subsidies

Pensions

Interest payments

Solution

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