Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 12

Result

Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 12

Score
-
out of -
Rank
-
out of -

TIME Taken - -

SHARING IS CARING

If our Website helped you a little, then kindly spread our voice using Social Networks. Spread our word to your readers, friends, teachers, students & all those close ones who deserve to know what you know now.

Weekly Quiz Competition

Question 1
1 / -0

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 the above

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 2
1 / -0

Scope and object of section $$8$$ of the Arbitration and Conciliation Act, $$1996$$ is _________________.

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)
Solution
- Section 8 of the Arbitration and Conciliation Act, 1996, a judicial authority before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party so applies not later than when submitting his first statement on the substance of the dispute, refer the parties to arbitration. If the issue is pending before the judicial authority, an arbitration may be commenced or continued and an arbitral award made.
- Section 34 of Arbitration and Conciliation Act, 1940, says that where any party to an arbitration agreement or any person claiming under him commences any legal proceedings against any other patty to the agreement or any person claiming under him in respect of any matter agreed to be referred, any party to such legal proceedings may, at any time before filing a written statement or taking any other steps in' the proceedings, apply to the judicial authority before which the proceedings are pending to stay the proceedings; and if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the arbitration agreement and that the applicant was, at the time when the proceedings were commenced. and still remains, ready and willing to do all things necessary to the proper conduct of the arbitration, such authority may make an order staying the proceedings.
Question 3
1 / -0

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)

Solution

Under The Arbitration and Conciliation Act,1996
Chapter II: Arbitration agreement
Section 9: Interim measures etc. by Court.
This section discusses about the manner in which a party may apply to a court before, or during arbitral proceedings or at anytime after the making of the arbitral award but before it is enforced in accordance with section 36.
Question 4
1 / -0

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

B
nationality of the arbitrator

C
other considerations which are likely to secure the appointment of an impartial arbitrator

D
None of the above
Solution
Under The Arbitration and Conciliation Act,1996
Section 11: Appointment of arbitrators.
Section 11(8): The Chief Justice or the person or institution designated by him, in appointing arbitrator, shall have due regard to-
any qualifications required of the arbitrator by the agreement of the parties and
other considerations as are likely to secure the appointment of an independent and impartial arbitrator.
Question 5
1 / -0

In case of three arbitrators, the 'third arbitrator' shall act as ____________.

A
an umpire

B
a presiding arbitrator

C
sole arbitrator

D
none of the above

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.
Question 6
1 / -0

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)

Solution

Section 8 of Arbitration and Conciliation Act, $$1996$$ provides that in spite of application under section $$8(1)$$ that the issue is pending before the judicial authority, an arbitration may be commenced or continued and an arbitral award made. Here the term used is judicial authority which in Indian legal system is the court.
Question 7
1 / -0

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 $$8$$

Solution

Under The Arbitration and Conciliation Act, 1996
Section 8: Power to refer parties to arbitration where there is an arbitration agreement.
Section 8(1): A judicial authority before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party so applies not later than when submitting his first statement on the substance of the dispute, refer the parties to the arbitration.
Section 8(2) : The application referred to in sub-section (1) shall not be entertained unless it is accompanied by the original arbitration agreement or a duly certified copy thereof.
Question 8
1 / -0

The parties to the arbitration agreement shall appoint arbitrator within __________.

A
thirty days

B
sixty days

C
forty days

D
ninety days

Solution

As per section $$11$$ of the Act, in an arbitration 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.
Question 9
1 / -0

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)

Solution

According to section $$8$$ of Arbitration and Conciliation Act, $$1996$$, the judicial authority, before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party to the arbitration agreement or any person claiming through or under him, so applies not later than the date of submitting his first statement on the substance of the dispute, then, notwithstanding any judgment, decree or order of the Supreme Court or any Court, refer the parties to arbitration unless it finds that prima facie no valid arbitration agreement exists. But it is subject to the objection of the party who has brought the action. If the party does not object then court is not barred to refer parties to arbitration.
Question 10
1 / -0

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)
Solution
Under The Arbitration and Conciliation Act,1996
Section 11: Appointment of arbitrators.
A person of any nationality may be an arbitrator, unless otherwise agreed by the parties.
Subject to sub section (6), the parties are free to agree on a procedure for appointing the arbitrator or arbitrators.
Failing any agreement referred to in sub section (2), in an arbitration with three arbitrators, each party shall appoint one arbitrator, and the two appointed arbitrators, shall appoint the third arbitrator who shall act as the presiding arbitrator.

User

Question Analysis

Correct -
Wrong -
Skipped -

My Perfomance

Score
-
out of -
Rank
-
out of -

Re-Attempt Weekly Quiz Competition

Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 12

Result

Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 12

Score

-

Rank

-

SHARING IS CARING

Question 1

Article $$2(d)$$ of Model Law of UNCITRAL

Article $$2(b)$$ of Model Law of UNCITRAL

Article $$2(a)$$ of Model Law of UNCITRAL

none of the above

Solution

Question 2

the same as that of section $$34$$ of the Arbitration Act, $$1940$$

different from that of section $$34$$ of the Arbitration Act, $$1940$$

same or different from that of section $$34$$ of the Arbitration Act, $$1940$$, depending on the facts and circumstances of the case

either (A) or (C)

Solution

Question 3

either before arbitral proceeding or after making of the arbitral award

before the arbitral award is enforced

can exercise power suo motu

both (a) and (b)

Solution

Question 4

qualifications required of the arbitrators by the agreement of the parties

nationality of the arbitrator

other considerations which are likely to secure the appointment of an impartial arbitrator

None of the above

Solution

Question 5

an umpire

a presiding arbitrator

sole arbitrator

none of the above

Solution

Question 6

a matter pending before the Court

a matter pending before a quasi-judicial authority

a matter pending before an administrative authority

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

Solution

Question 7

the original arbitration agreement or a photocopy thereof

the original arbitration agreement or a duly certified copy thereof

a duly certified copy of the arbitration agreement or a photocopy thereof

the original arbitration agreement only. Once an application under section $$8$$

Solution

Question 8

thirty days

sixty days

forty days

ninety days

Solution

Question 9

bars the court from referring the parties to arbitration once the party has submitted his statement

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

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

only (a), and not (b) or (c)

Solution

Question 10

parties to the arbitration agreement

the appointed arbitrator by each party

the Court

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

Solution

User

Question Analysis

My Perfomance

Score

-

Rank

-

Results Announcement on: coming Monday

Stay Tuned: We’ll update you on your result via email or SMS.