Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 10

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Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 10

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Question 1
1 / -0

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)

Solution

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.
Question 2
1 / -0

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)

D
neither (a) nor (b)

Solution

A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defence; however, a party shall not be precluded from raising such a plea merely because that he has appointed, or participated in the appointment of, an arbitrator. Therefore the party shall not be precluded from raising the question of jurisdiction of arbitral tribunal.
Question 3
1 / -0

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

Solution

The procedure of challenging has been provided by section $$13$$ of the Arbitration and Concilliation Act which says that a party who intends to challenge an arbitrator shall, within fifteen days after becoming aware of the constitution of the arbitral tribunal or after becoming aware of any circumstances referred in section $$12$$, send a written statement of the reasons for the challenge to the arbitral tribunal.
Question 4
1 / -0

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 the law of it own.

C
The Arbitral Tribunal is the creature of an agreement

D
Both (B) and (C) are incorrect

Solution

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.
Question 5
1 / -0

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

Solution

Under section 6 of the Arbitrations and Conciliation Act, 1996, it has been provided that in order to facilitate the conduct of the arbitral proceedings, the parties or the arbitral tribunal with the consent of the parties, may arrange for administrative assistance by a suitable institution or person.
Question 6
1 / -0

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)

Solution

It has been under the section 2 (1) (h), that a party means a party to the arbitration agreement. 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.
Question 7
1 / -0

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

D
all of the above

Solution

Court means the principal Civil Court of original jurisdiction in a district, and includes the High Court in exercise of its ordinary original civil jurisdiction, having jurisdiction to decide the questions forming the subject matter of the arbitration if the same had been the subject matter of a suit, but does not include any civil court of a grade inferior to such principal Civil Court, or any Court of Small Causes.
Question 8
1 / -0

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)

Solution

Under section 6 of the Arbitrations and Conciliation Act, 1996, it has been provided that in order to facilitate the conduct of the arbitral proceedings, the parties or the arbitral tribunal with the consent of the parties, may arrange for administrative assistance by a suitable institution or person.
Question 9
1 / -0

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

D
All of the above

Solution

The dispute which may be the subject of an arbitration agreement need not necessarily arise out of a contract. They may be also arise out of statutory provisions. A reference can be under the provisions Arbitration and Conciliation Act, 1996. The Arbitration Act governs Arbitration in India, including, typically, statutory arbitrations.
Question 10
1 / -0

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

Solution

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.

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Re-Attempt Weekly Quiz Competition

Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 10

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Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 10

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SHARING IS CARING

Question 1

local authority

the court

the tribunal

both (b) and (c)

Solution

Question 2

where he has appointed the arbitrator

where he has participated in the appointment of the arbitrator

both (a) and (b)

neither (a) nor (b)

Solution

Question 3

$$15$$ days of becoming aware of the constitution or the reasons

$$30$$ days of becoming aware of the constitution or the reasons

$$7$$ days of becoming aware of the constitution or the reasons

$$60$$ days of becoming aware of the constitution or the reasons

Solution

Question 4

Arbitrator is a person to whom the matters in the dispute are submitted by the parties.

The Arbitral Tribunal can make the law of it own.

The Arbitral Tribunal is the creature of an agreement

Both (B) and (C) are incorrect

Solution

Question 5

with the consent of the parties

with the consent of the claimant

without the consent of the parties

of its own, irrespective of the consent of the parties

Solution

Question 6

party to the contract

party to the arbitration agreement

party to the suit/proceedings

either (a) or (b) or (c)

Solution

Question 7

Court of Small Causes

Principal Civil Court and Civil Court of an inferior grade

Principal Civil Court of original jurisdiction

all of the above

Solution

Question 8

institution

person

either institution or person

neither (a) nor (b)

Solution

Question 9

imposed on the parties by operation of law

a compulsory arbitration

where consent of the parties is not necessary

All of the above

Solution

Question 10

sole arbitrator or a panel of arbitrators

sole arbitrator only

panel of arbitrators only

presiding officer

Solution

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