Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 15

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Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 15

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Weekly Quiz Competition

Question 1
1 / -0

Where the challenge to the arbitrator is not successful _______________________.

A
the arbitral Tribunal shall stay the proceedings giving opportunity to the party to take appropriate legal proceedings against the order

B
the arbitral Tribunal shall continue the arbitral proceedings but shall not make an arbitral award till the disposal of proceedings, if any, initiated by the party challenging the arbitration against the said order

C
the arbitral Tribunal shall continue the arbitral proceedings and made the award

D
the arbitral Tribunal shall continue the proceedings only with the consent of the party who has challenged the arbitrator

Solution

As per section 13 (4) of the Act, if a challenge to the arbitrator under any procedure agreed upon by the parties is not successful, the arbitral tribunal shall continue the arbitral proceedings and make an arbitral award.
Question 2
1 / -0

Section $$43$$ deals with:

A
jurisdiction

B
limitation

C
finality of arbitral award

D
none of the above

Solution

Section 43 of the Act is the limiting provision of the act which says that the Limitation Act, 1963, shall apply to arbitrations as it applies to proceedings in court.
Question 3
1 / -0

The conciliation proceedings ________________________.

A
can be used as evidence in any judicial proceedings

B
can be used as evidence only in the arbitral proceedings

C
can be used as evidence only on the discretion of the judge or arbitrator

D
cannot be used as evidence in any arbitral or judicial proceedings

Solution

As per section 81 of the act, there is no admissibility of proceedings as evidence in other judicial proceedings. It says that, The parties shall not rely on or introduce as evidence in arbitral or judicial proceedings, whether or not such proceedings relate to the dispute that is the subject of the conciliation proceedings.
Hence, D is the correct option.
Question 4
1 / -0

Which of the following is incorrect statement?

A
Conciliation is a process where one party of dispute initiates and other party assents to adopt

B
Conciliation is a method of settlement

C
Conciliation applied to contractual dispute only

D
None of the above

Solution

Conciliation is one of the non binding procedures where an impartial third party, known as the conciliator, assist the parties to a dispute in reaching a mutually agreed settlement of the dispute. As per Part III of the act, the process of conciliation extends whether contractual or not. But the disputes must arise out of the legal relationship. It means that the dispute must be such as to give one party the right to sue and to the other party the liability to be sued.
Hence, C is the correct option.
Question 5
1 / -0

Which of the following is incorrect statement

A
the effect of award being set aside is no longer enforceable by law

B
the setting aside of an award acts as a bar to subsequent arbitral proceeding on the same dispute

C
the setting aside of an arbitral award invalidates the arbitral agreement

D
none of the above

Solution

An award which is set aside is no longer remains enforceable by law. The parties are restored to their former position as to their claims in the dispute. Setting aside an award means that it is rejected as invalid. It does not affect the original arbitration agreement and hence does not invalidate the agreement.
C is the correct option.
Question 6
1 / -0

The enforcement of a foreign award may be refused if ______________.

A
the party against whom the award is invoked was not given proper notice of the appointment of the arbitrator

B
enforcement of the award would be contrary to the public policy of India

C
none of the above

D
both (A) and (B)

Solution

As per Section 48 of the act, enforcement of a foreign award may be refused, at the request of the party against whom it is invoked, only if that party furnishes to the court proof that the party against whom the award is invoked was not given proper notice of the appointment of the arbitrator or of the arbitral proceedings or was otherwise unable to present his case. Further enforcement of an arbitral award may also be refused if the court finds that the enforcement of the award would be contrary to the public policy of India.
Hence, D is the correct option.
Question 7
1 / -0

Which one of the following is an incorrect statement ?

A
Conciliation means settling of disputes without litigation.

B
The conciliators do not engage in any formal hearing.

C
The party comes to settlement only when the award is made by the conciliator.

D
None of the above

Solution

Conciliation is one of the non-binding and informal procedures where an impartial third party, known as the conciliator, assist the parties to a dispute in reaching a mutually agreed settlement of the dispute without any litigation. And as conciliation is non-binding in nature, there is no compulsion on the party to reach a settlement only after award made by the Conciliator.
Hence, C is the correct option.
Question 8
1 / -0

Section $$53$$ of the Arbitration and Conciliation Act, 1996 has limited application because ____________.

A
it applies to the jurisdiction of different parties to the New York Convention

B
it applies to the jurisdiction of different parties to the Geneva Convention

C
it applied to the jurisdiction of domestic land

D
none of the above

Solution

Chapter II of Part II of the Arbitration Act, 1996 deals with foreign awards as per the Geneva Convention. Sections 53-60 of the Arbitration and Conciliation Act, 1996 contains provisions relating to foreign awards passed under the Geneva Convention. As per section 53 of the act and the Geneva Convention, "foreign award" means an arbitral award on differences relating to matters considered as commercial under the law in force in India made after the 28th day of July, 1924.
Question 9
1 / -0

Foreign award' implies _______________.

A
where one of the parties is foreign national

B
where the award is made in foreign country

C
where subject matter deals with international trade

D
All of the above

Solution

D is the correct option.
The essential elements of foreign arbitration, resulting in the foreign arbitral award are as follows:
a. Arbitration should have been held in foreign lands;
b. by foreign arbiters;
c. An arbitral award is made in a foreign country;
d. As a party foreign national is involved.
e. Where the subject matter is international trade and commerce.
Question 10
1 / -0

Part I of the Act deals with ____________.

A
Domestic Arbitration

B
New York Convention awards

C
UNCITRAL

D
None of the above

Solution

Arbitration and Conciliation Act 1996 has been divided into three parts. Part I of the Act deals with Domestic Arbitration in general whereas Part II of the Arbitration and Conciliation Act, 1996 deals with execution of certain foreign awards which includes New York Convention Awards as well as Geneva Convention Awards. Conciliation on the other hand is dealt with part III of the Act.

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Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 15

Result

Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 15

Score

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Rank

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SHARING IS CARING

Question 1

the arbitral Tribunal shall stay the proceedings giving opportunity to the party to take appropriate legal proceedings against the order

the arbitral Tribunal shall continue the arbitral proceedings but shall not make an arbitral award till the disposal of proceedings, if any, initiated by the party challenging the arbitration against the said order

the arbitral Tribunal shall continue the arbitral proceedings and made the award

the arbitral Tribunal shall continue the proceedings only with the consent of the party who has challenged the arbitrator

Solution

Question 2

jurisdiction

limitation

finality of arbitral award

none of the above

Solution

Question 3

can be used as evidence in any judicial proceedings

can be used as evidence only in the arbitral proceedings

can be used as evidence only on the discretion of the judge or arbitrator

cannot be used as evidence in any arbitral or judicial proceedings

Solution

Question 4

Conciliation is a process where one party of dispute initiates and other party assents to adopt

Conciliation is a method of settlement

Conciliation applied to contractual dispute only

None of the above

Solution

Question 5

the effect of award being set aside is no longer enforceable by law

the setting aside of an award acts as a bar to subsequent arbitral proceeding on the same dispute

the setting aside of an arbitral award invalidates the arbitral agreement

none of the above

Solution

Question 6

the party against whom the award is invoked was not given proper notice of the appointment of the arbitrator

enforcement of the award would be contrary to the public policy of India

none of the above

both (A) and (B)

Solution

Question 7

Conciliation means settling of disputes without litigation.

The conciliators do not engage in any formal hearing.

The party comes to settlement only when the award is made by the conciliator.

None of the above

Solution

Question 8

it applies to the jurisdiction of different parties to the New York Convention

it applies to the jurisdiction of different parties to the Geneva Convention

it applied to the jurisdiction of domestic land

none of the above

Solution

Question 9

where one of the parties is foreign national

where the award is made in foreign country

where subject matter deals with international trade

All of the above

Solution

Question 10

Domestic Arbitration

New York Convention awards

UNCITRAL

None of the above

Solution

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