Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 16

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Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 16

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Question 1
1 / -0

Foreign award under section $$44$$ means ___________.

A
that the award must have been made on or after $$11$$th day of October $$1960$$

B
that the award must have been made after $$28$$th day of July $$1924$$

C
that the award must have been made on or after $$12$$th day of December $$1971$$

D
none of the above

Solution

Under section 44 of the Act, “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, made on or after the 11th day of October, 1960.
Question 2
1 / -0

The conciliation proceedings shall be terminated ______________.

A
by signing of the settlement agreement by the parties, on the date of agreement

B
by written declaration of the parties and the conciliator to terminate the conciliation proceedings on the date of declaration

C
by written declaration of the parties addressed to the conciliator to the effect that conciliation proceedings are terminated, on the date of declaration

D
All of the above
Solution
D is the correct option.
Under section 76 of the act, ways of terminating the conciliation proceedings have been provided. It says that the conciliation proceedings shall be terminated:
By the signing of the settlement agreement by the parties on the date of the agreement; or
By a written declaration of the conciliator, after consultation with the parties, to the effect that further efforts at conciliation are no longer justified, on the date of the declaration; or
By a written declaration of the parties addressed to the conciliator to the effect that the conciliation proceedings are terminated, on the date of the declaration; or
By a written declaration of a party to the other party and the conciliator, if appointed, to the effect that the conciliation proceedings are terminated, on the date of the declaration.
Question 3
1 / -0

Which of the following is incorrect statement ______________.

A
under section $$40$$, the arbitration agreement shall not be discharged by death of the party.

B
under section $$40$$, where the death occurs during the course of the arbitral proceedings, all the legal representatives are bound by the award

C
under section $$40$$, the legal representatives are bound by the award if death occurs during the course of proceedings, but after the death a new arbitrator has to be appointed

D
None of the above

Solution

As per section 40 of the act, an arbitration agreement shall not be discharged by the death of any party either as the deceased or any other party, but shall in such event be enforceable by or against the legal representative of the deceased. The mandate of an arbitrator shall not be terminated by the death of any party by whom he was appointed.
Question 4
1 / -0

After the settlement agreement is reached between the parties to conciliation ________________.

A
the conciliator makes an award stating the reasons thereof

B
the conciliator shall authenticate the settlement agreement and furnish a copy thereof

C
the conciliator shall refer the matter to the tribunal

D
None of the above

Solution

As per section 73 (4) of the act, after the settlement has been reached between the parties, the conciliator shall authenticate the settlement agreement and furnish a copy thereof to each of the parties.
Hence, B is the correct option.
Question 5
1 / -0

The evidence which is inadmissible under section $$81$$ is _____________.

A
admissions made by other party in the course of the conciliation proceedings

B
proposals made by the conciliator

C
views expressed by the conciliator in course of conciliation proceedings

D
All of the above
Solution
D is the correct option.
Under section 81 of the act there are certain kinds of evidence which are inadmissible which include:
Views expressed or suggestions made by the other party in respect of a possible settlement of the dispute;
Admissions made by the other party in the course of the conciliation proceedings;
Proposals made by the conciliator;
The fact that the other party had indicated his willingness to accept a proposal for settlement made by the conciliator.
Question 6
1 / -0

Section $$73$$ lays down the provisions for ______________.

A
costs

B
termination of conciliation proceedings

C
confidentially

D
settlement agreement
Solution
D is the correct option.
Settlement agreement after conciliation proceedings is drawn by conciliator(s), when he finds elements of settlement agreement in the matter. This has been provided under section 73 of the act which says that:
When it appears to the conciliator that there exist elements of a settlement, which may be acceptable to the parties, he shall formulate the terms of a possible settlement and submit them to the parties for their observations.
If the parties reach agreement on a settlement of the dispute, they may draw up and sign a written settlement agreement. If requested by the parties, the conciliator may draw up, or assist the parties in drawing up, the settlement agreement.
When the parties sign the settlement agreement, it shall be final and binding on the parties and persons claiming under them respectively.
The conciliator shall authenticate the settlement agreement and furnish a copy thereof to each of the parties.
Question 7
1 / -0

Termination of conciliation proceedings are laid down under __________.

A
section $$76$$

B
section $$74$$

C
section $$73$$

D
section $$75$$
Solution
Under section 76 of the act, ways of terminating the conciliation proceedings has been provided. It says that the conciliation proceedings shall be terminated:
By the signing of the settlement agreement by the parties on the date of the agreement; or
By a written declaration of the conciliator, after consultation with the parties, to the effect that further efforts at conciliation are no longer justified, on the date of the declaration; or
By a written declaration of the parties addressed to the conciliator to the effect that the conciliation proceedings are terminated, on the date of the declaration; or
By a written declaration of a party to the other party and the conciliator, if appointed, to the effect that the conciliation proceedings are terminated, on the date of the declaration.
Question 8
1 / -0

Conciliation proceedings shall commence _______________.

A
when both the parties comes to a written agreement

B
when written invitation to conciliation is made to the other party

C
when both the parties agree for conciliation mutually

D
none of the above

Solution

Unlike arbitration, there is no requirement of any conciliation agreement rather an invitation is sent to the other party to conciliate identifying the subject of the dispute. As per section 62 of the Act, the party initiating conciliation shall send to the other party a written invitation to conciliate identifying the subject of the dispute. Conciliation proceedings shall commence when the other party accepts in writing the invitation to conciliate. If the other party rejects the invitation, there will be no conciliation proceedings.
Hence, B is the correct option.
Question 9
1 / -0

The 'Principle of Co-operation' is laid down under _______________.

A
section $$71$$

B
section $$70$$

C
section $$69$$

D
None of the above

Solution

In Conciliation proceedings under section 71, the parties shall in good faith cooperate with the conciliator and, in particular, shall endeavor to comply with requests by the conciliator to submit written materials, provide evidence and attend meetings.
Question 10
1 / -0

Which of the following is incorrect statement ?

A
The conciliator shall assist the parties in an independent and impartial manner.

B
The conciliator can make proposals for settlement but it has to be accompanied by the statement of reasons.

C
The conciliator shall be guided by principle of objectivity, fairness and justice.

D
None of the above

Solution

As per section 67(4) of the act, the conciliator may, at any stage of the conciliation proceedings, make proposals for a settlement of the dispute. Such proposals need not be in writing and need not be accompanied by a statement of the reasons.
Hence, B is the correct option.

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Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 16

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Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 16

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SHARING IS CARING

Question 1

that the award must have been made on or after $$11$$th day of October $$1960$$

that the award must have been made after $$28$$th day of July $$1924$$

that the award must have been made on or after $$12$$th day of December $$1971$$

none of the above

Solution

Question 2

by signing of the settlement agreement by the parties, on the date of agreement

by written declaration of the parties and the conciliator to terminate the conciliation proceedings on the date of declaration

by written declaration of the parties addressed to the conciliator to the effect that conciliation proceedings are terminated, on the date of declaration

All of the above

Solution

Question 3

under section $$40$$, the arbitration agreement shall not be discharged by death of the party.

under section $$40$$, where the death occurs during the course of the arbitral proceedings, all the legal representatives are bound by the award

under section $$40$$, the legal representatives are bound by the award if death occurs during the course of proceedings, but after the death a new arbitrator has to be appointed

None of the above

Solution

Question 4

the conciliator makes an award stating the reasons thereof

the conciliator shall authenticate the settlement agreement and furnish a copy thereof

the conciliator shall refer the matter to the tribunal

None of the above

Solution

Question 5

admissions made by other party in the course of the conciliation proceedings

proposals made by the conciliator

views expressed by the conciliator in course of conciliation proceedings

All of the above

Solution

Question 6

costs

termination of conciliation proceedings

confidentially

settlement agreement

Solution

Question 7

section $$76$$

section $$74$$

section $$73$$

section $$75$$

Solution

Question 8

when both the parties comes to a written agreement

when written invitation to conciliation is made to the other party

when both the parties agree for conciliation mutually

none of the above

Solution

Question 9

section $$71$$

section $$70$$

section $$69$$

None of the above

Solution

Question 10

The conciliator shall assist the parties in an independent and impartial manner.

The conciliator can make proposals for settlement but it has to be accompanied by the statement of reasons.

The conciliator shall be guided by principle of objectivity, fairness and justice.

None of the above

Solution

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