Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 14

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Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 14

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Question 1
1 / -0

Where the parties fail to provide for an odd number of arbitrators, the arbitral tribunal shall consist of _______________.

A
three arbitrators

B
five arbitrators

C
sole arbitrators

D
either (a) or (b) or (c)
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 2
1 / -0

When the mandate of an arbitrator terminates, _________________.

A
no other arbitrator shall be appointed

B
a substituted arbitrator shall be appointed

C
the matter shall be sent to the court

D
the dispute shall remain undecided by the Arbitrators

Solution

After the mandate of the arbitrator is terminated as per section $$14$$ and $$15$$ of the Act, Section $$15 (2)$$ prescribes that where the mandate of an arbitrator terminates, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator being replaced.
Question 3
1 / -0

The party applying for the enforcement of a foreign award shall, produce before the court ____________.

A
original award or a copy thereof authenticated by law of the country

B
original agreement for arbitration or a duty certified copy thereof

C
such evidence as may be necessary to prove that the award is a foreign award

D
All of the above
Solution
- Foreign award means an arbitral award on differences between persons arising out of legal relationships, whether contractual or not, considered as commercial under the law in force in India. As per section $$47$$ of the Arbitration Act, the party applying for enforcement shall produce certain evidences to support the claims which includes:
(a) the original award or a copy thereof, duly authenticated in the manner required by the law of the country in which it was made;
(b) the original agreement for arbitration or a duly certified copy thereof; and
(c) such evidence as may be necessary to prove that the award is a foreign award.
Question 4
1 / -0

An application for setting aside an arbitral award must be made by the party after receiving the award within:

A
three months

B
thirty days

C
ninety days

D
forty days

Solution

Section 34(3) of the Arbitration Act, 1996, provides for limitation period for filing application for setting aside award and says that an application for setting aside an arbitral award must be made within 3 months of receiving the award or disposition of application by the arbitral tribunal.
Question 5
1 / -0

The provision for setting a side the arbitral award is laid down under:

A
section $$32$$ of the Act

B
section $$36$$ of the Act

C
section $$34$$ of the Act

D
none of the above
Solution
Provision for setting a side the arbitral award has been provided under section 34 of the Arbitration and Conciliation Act, 1996 which says that Application for setting aside arbitral award only if the party making the application furnishes proof that-
A party was under some incapacity, or
The arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law for the time being in force; or
The party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or
The arbitral award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration:
The composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of this Part from which the parties cannot derogate, or, failing such agreement, was not in accordance with this Part
Question 6
1 / -0

The Arbitral Tribunal may____________

A
appoint one or more experts to report to it on specific issues to be determined by itself

B
appoint only one expert to report to it on specific issues to be determined by the arbitral Tribunal

C
appoint a Court Receiver to report specific issues

D
may appoint Court Commissioners to report specific issues

Solution

Under The Arbitration and Conciliation Act,1996
Section 26: Expert appointed by arbitral tribunal.
Under section 26(1) it is stated that unless otherwise agreed by the parties, the arbitral tribunal may appoint one or more expert to report to it on specific issues. The tribunal may even require a party to give the expert any relevant information or to produce or to provide access to, any relevant documents, goods or other property for his inspection.
Question 7
1 / -0

The mandate of an arbitrator shall terminate _____________.

A
when he withdraws from his office for any reason

B
when he becomes de jure or defacto unable to act without undue delay

C
when the parties have agreed to terminate arbitrator's authority

D
all of the above

Solution

The arbitrator is appointed by the agreement between the parties or in case of failure to appoint, by any judicial authority prescribed. The mandate of the arbitrator generally lies in the arbitration agreement and can be terminated as per provisions of section $$14$$ and $$15$$ of the Act.
Section $$14$$ says that the mandate of an arbitrator shall terminate if—
(a) he becomes de jure or de facto unable to perform his functions or for other reasons fails to act without undue delay; and
(b) he withdraws from his office or the parties agree to the termination of his mandate.
Section $$15$$ says that the mandate of an arbitrator also terminates—
(a) where he withdraws from office for any reason; or
(b) by or pursuant to agreement of the parties.
Question 8
1 / -0

For condonation of delay in making an application for setting aside the arbitral award

A
section $$34$$ of the Act is complete in itself

B
section $$5$$ of the Limitation Act, $$1963$$ is applicable

C
both (a) and (b)

D
neither (a) nor (b)

Solution

Section 34(3) of the Act provides that an application for setting aside may not be made after three months have elapsed from the date on which the party making that application had received the arbitral award from the date on which that request had been disposed of by the arbitral tribunal. In case when the court is satisfied that the applicant was prevented by sufficient cause from making the application within the said period of three months it may entertain the application within a further period of thirty days, but not after that
Question 9
1 / -0

The provision which provides for mutual settlement of dispute by parties before the arbitral tribunal is laid down under _______________.

A
section $$24$$

B
section $$30$$

C
section $$29$$

D
section $$27$$

Solution

Section $$24$$ of the Arbitration and Conciliation Act, $$1996$$ provides for procedure of hearing and written proceedings in arbitration and the arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral argument, or whether the proceedings shall be conducted on the basis of documents and other materials
Section $$27$$ of the act provides for the assistance by Court in taking evidence
Section $$29$$ says that in case of arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal shall be made by a majority of all its members.
Section $$30$$ of the Act provides for mutual settlement of dispute which says that the tribunal can only encourage settlement on agreement between the parties and may use mediation, conciliation or other procedures at any time during the arbitral proceedings to encourage settlement.
Question 10
1 / -0

Where there is a challenge to arbitrator under any procedure agreed upon by the parties, the Arbitral Tribunal shall ____________.

A
send the matter to the court

B
appoint any other arbitrator at its own discretion

C
not continue the arbitral proceedings

D
continue the arbitral proceedings and shall decide on the challenge

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. As per sub section $$(4)$$ of the section, if a challenge under any procedure agreed upon by the parties is not successful, the arbitral tribunal shall continue the arbitral proceedings and make an arbitral award.

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Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 14

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Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 14

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SHARING IS CARING

Question 1

three arbitrators

five arbitrators

sole arbitrators

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

Solution

Question 2

no other arbitrator shall be appointed

a substituted arbitrator shall be appointed

the matter shall be sent to the court

the dispute shall remain undecided by the Arbitrators

Solution

Question 3

original award or a copy thereof authenticated by law of the country

original agreement for arbitration or a duty certified copy thereof

such evidence as may be necessary to prove that the award is a foreign award

All of the above

Solution

Question 4

three months

thirty days

ninety days

forty days

Solution

Question 5

section $$32$$ of the Act

section $$36$$ of the Act

section $$34$$ of the Act

none of the above

Solution

Question 6

appoint one or more experts to report to it on specific issues to be determined by itself

appoint only one expert to report to it on specific issues to be determined by the arbitral Tribunal

appoint a Court Receiver to report specific issues

may appoint Court Commissioners to report specific issues

Solution

Question 7

when he withdraws from his office for any reason

when he becomes de jure or defacto unable to act without undue delay

when the parties have agreed to terminate arbitrator's authority

all of the above

Solution

Question 8

section $$34$$ of the Act is complete in itself

section $$5$$ of the Limitation Act, $$1963$$ is applicable

both (a) and (b)

neither (a) nor (b)

Solution

Question 9

section $$24$$

section $$30$$

section $$29$$

section $$27$$

Solution

Question 10

send the matter to the court

appoint any other arbitrator at its own discretion

not continue the arbitral proceedings

continue the arbitral proceedings and shall decide on the challenge

Solution

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