Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 11

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Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 11

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Question 1
1 / -0

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

D
all of the above

Solution

Section 16 (1) of the Arbitration and Conciliation Act states that the Arbitral Tribunal may rule on its own jurisdiction, including ruling on any objection with respect to the existence or validity of the arbitration agreement. Under this section, the Arbitral Tribunal has been granted the power to make a ruling on its own jurisdiction.
Question 2
1 / -0

The expression 'International Commercial Arbitration' has been defined in ______________.

A
Section $$2(1)$$(e)

B
Section $$2(1)$$(g)

C
Section $$2(1)$$(f)

D
None of the above
Solution
Under The Arbitration and Conciliation Act, 1996
Chapter I: General Provisions
Section 2: Definitions
Under Section 2(1)(f) : " International commercial arbitration" means and arbitration relating to dispute arising out of legal relationships, whether contractual or not, considered as commercial under the law in for in India and where at least one of the parties is-
an individual who is a national of, or habitually resident in, any country other than India; or
a body corporate which is incorporated in any country other than India; or
a company or any association or a body of individuals whose central management and control is exercised in any country other than India; or
the Government of a foreign country.
Question 3
1 / -0

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 the 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)

Solution

Under The Arbitration and Conciliation Act, 1996
Chapter II : Arbitration agreement
Section 7: Arbitration agreement
Section 7(5): The reference in a contract to a document containing an arbitration clause 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.
Question 4
1 / -0

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)
Solution
Under Arbitration and Conciliation Act, 1996
Section 17: interim measures ordered by arbitral tribunal.
Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, order a party to take any interim measure of protection as the arbitral tribunal may consider necessary in the respect of the subject matter of the dispute.
The arbitral tribunal may require a party to provide appropriate security in connection with a measure ordered under sub-section (1).
Question 5
1 / -0

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)
Solution
Under The Arbitration and Conciliation Act,1996
Chapter II: Arbitration agreement
Section 7: Arbitration agreement
Section 7(4): An arbitration agreement is 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; or
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
Question 6
1 / -0

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)
Question 7
1 / -0

The members of Statutory Arbitral Tribunals are appointed by __________.

A
parties themselves

B
state

C
centre

D
None of the above

Solution

Apart from the courts in India, there are various quasi-judicial bodies for dispute resolution created by a statute and are commonly known as statutory tribunals Tribunals are established as per appropriate statutory provisions and are observed as an alternative medium to the conventional judicial bodies for the redressal of grievances and settling disputes. A tribunal shall consist of a chairman and such number of vice-chairman and another member as may be provided for. The President appoints them in case of central tribunals and the Governor in case of the state tribunals.
Question 8
1 / -0

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
Solution
Under The Arbitration and Conciliation Act, 1996
Chapter II : Arbitration Agreement
Section 7(3): An arbitration agreement shall be in writing.
Section 7(4): An arbitration agreement is 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; or
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.
Question 9
1 / -0

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

Solution

An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement. It shall be in writing. An arbitration agreement is in writing if it were 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; or 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.
Question 10
1 / -0

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)

Solution

The procedure in relation to appointment of arbitrators is provided under Section 11 of the Act. A person of any nationality may be an arbitrator, unless otherwise agreed by the parties. The section also deals with the contingency wherein the parties fail to appoint an arbitrator mutually. In such a situation, the appointment shall be made, upon request of a party, by the Supreme Court or any person or institution designated by such Court, in the case of an International Commercial Arbitration or by High Court or any person or institution designated by such Court, in case of a domestic arbitration.

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Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 11

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Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 11

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SHARING IS CARING

Question 1

on its own jurisdiction

on objections as to the existence of the arbitration agreement

on objection as to the validity of the arbitration agreement

all of the above

Solution

Question 2

Section $$2(1)$$(e)

Section $$2(1)$$(g)

Section $$2(1)$$(f)

None of the above

Solution

Question 3

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)

Solution

Question 4

can make interim award

may require a party to provide appropriate security

both (a) and (b)

either (a) or (b)

Solution

Question 5

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)

Solution

Question 6

award interest on the whole or part of the money

award interest on the whole of the money Only

award interest on part of the money only

either (b) or (c)

Question 7

parties themselves

state

centre

None of the above

Solution

Question 8

shall be in writing

may be oral

either in writing or oral

neither in writing nor oral

Solution

Question 9

any agreement which have arisen under the Arbitration Act of $$1940$$

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

any agreement to submit to arbitration certain disputes of civil nature

any agreement to submit to arbitration certain disputes of criminal nature

Solution

Question 10

parties themselves

Attorney - General of India

Chief Justice of India

Judge of the Supreme Court

both (a) and (c)

Solution

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