Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 13

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Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 13

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Weekly Quiz Competition

Question 1
1 / -0

Section $$9$$ of $$1996$$ Act deals with ______________.

A
interim measures by the court

B
discretionary powers of the court

C
both (a) and (b)

D
None of the above

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 2
1 / -0

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
Solution
Under The Arbitration and Conciliation Act,1996
Chapter III: Composition of arbitral tribunal
Section 10: Number of arbitrators.
The parties are free to determine the number of arbitrators, provided that such number shall not be an even number.
Failing the determination referred to in subsection (1), the arbitral tribunal shall consist of a sole arbitrator.
Question 3
1 / -0

Section $$12$$ of Arbitration and Conciliation Act, $$1996$$ deals with _______________.

A
procedure 'for arbitration

B
grounds for challenge to Arbitrator

C
finality of award $$1$$

D
none of the above

Solution

Under The Arbitration and Conciliation Act, 1996 section 12 makes provisions relating to grounds for challenging the appointment of arbitrator.
Question 4
1 / -0

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

D
who is of a nationality other than the nationalities of the parties may be appointed as an arbitrator

Solution

In case of International Commercial Arbitration, the appointment of sole or third arbitrator the procedure is slightly different from that in domestic arbitration. In the case of appointment of sole or third arbitrator in an international commercial arbitration, the Chief Justice of India or the person or institution designated by him may appoint an arbitrator of a nationality other than the nationalities of the parties where the parties belong to different nationalities.
Question 5
1 / -0

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

Solution

Section $$12$$ of the Arbitration and Conciliation Act, $$1996$$ provides grounds for challenging the appointment of the arbitrator. Sub-clause $$(4)$$ of the section states that 'A party may challenge an arbitrator appointed by him, or in whose appointment he has participated, only for reasons of which he becomes aware after the appointment has been made.'
Question 6
1 / -0

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

D
none of the above

Solution

There have been a lot of debates regarding whether the power of appointment by the Chief Justice or his designate is administrative or judicial order. The answer to this was developed through various judgments starting from Sundaram Finance vs. NEPC India Ltd where it was held to be administrative in nature which was upheld in Ador Samia Pvt. Ltd. vs. Peekay Holdings Pvt. Ltd. on the reasoning that the appointment of arbitrators is made as per the provision of Section 11 which does not require the Court to pass a judicial order appointing arbitrators. But later one of the leading case of SBP & Co. vs. Patel Engineering, it was held that the power exercised by the Chief Justice or his designate under S. $$11$$ of the Act is a judicial power and not an administrative power.
Question 7
1 / -0

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

Solution

Under section 11 of the Arbitration and Conciliation Act, $$1996$$, A person of any nationality may be an arbitrator, unless otherwise agreed by the parties and parties are free to agree on the procedure to appoint the arbitrator.
Question 8
1 / -0

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 of resolve the dispute of their own

D
within $$30$$ days from the receipt of request for appointment of arbitrator from the other party

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

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

Solution

Under The Arbitration and Conciliation Act, 1996
Section 11: Appointment of arbitrators.
1. A person of any nationality may be an arbitrator, unless otherwise agreed by the parties.
Question 10
1 / -0

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

D
none of the above

Solution

Section $$13$$ of the Arbitration and Conciliation Act, $$1996$$ provides for the procedure for challenging the arbitration where parties are free to agree upon a procedure for challenging an arbitrator or in case of no agreement, 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 or grounds under section $$12$$, send a written statement of the reasons for the challenge to the arbitral tribunal.

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Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 13

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Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 13

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SHARING IS CARING

Question 1

interim measures by the court

discretionary powers of the court

both (a) and (b)

None of the above

Solution

Question 2

does not exceed three

does not exceed five

does not exceed seven

is not an even number

Solution

Question 3

procedure 'for arbitration

grounds for challenge to Arbitrator

finality of award $$1$$

none of the above

Solution

Question 4

who is of the nationality of the claimant may be appointed as arbitrator

who is of the nationality of the disputant may be appointed as an arbitrator

who is of any nationality irrespective of the nationalities of the parties may be appointed as an arbitrator

who is of a nationality other than the nationalities of the parties may be appointed as an arbitrator

Solution

Question 5

cannot challenge an arbitrator appointed by him

may challenge an arbitrator appointed by him for reason of which he becomes aware after the appointment has been made

may challenge an arbitrator appointed by him for reason known to him before the appointment is made

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

Solution

Question 6

a judicial order

an administrative order

an interim order

none of the above

Solution

Question 7

must be an Indian national

must be an Indian citizen

may be a person of any nationality

may be a person of any nationality except an alien enemy

Solution

Question 8

within $$30$$ days of the arbitration agreement

within $$30$$ days of arising of the dispute

within $$30$$ days of failure of resolve the dispute of their own

within $$30$$ days from the receipt of request for appointment of arbitrator from the other party

Solution

Question 9

a person or a arbitrator of any previous disputes

a person of concerned State

a person of Indian origin only

a person of any nationality

Solution

Question 10

the termination of mandate of arbitrator

the procedure for challenging an arbitration

powers of arbitral tribunal

none of the above

Solution

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