Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 2

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Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 2

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Question 1
1 / -0

The request for the correction or interpretation of the award by the arbitral Tribunal has to be made by the party:

A
within sixty days

B
within thirty days

C
within ninety days

D
none of the above

Solution

Section 33 of the Act says that if the arbitral tribunal considers the request made by the parties for correction or interpretation of award to be justified, it shall make the correction or give the interpretation within thirty days from the receipt of the request and the interpretation shall form part of the arbitral award.
Question 2
1 / -0

Section $$12(3)$$ provides the ground for challenging to the arbitrator when ___________.

A
he is not independent or impartial

B
he is a foreign national

C
he is not qualified as per agreement between the parties

D
Both (a) and (c)

Solution

Section 12 provides for grounds of challenge the arbitrator. Under section 12(3) of the Act, an arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to his independence or impartiality, or if he does not possess the qualifications agreed to by the parties.
Question 3
1 / -0

Under section $$32$$, the principle of res judicata is applicable in:

A
a case having reference to an arbitral Tribunal

B
a suit in a court of law

C
interim award made by the arbitral Tribunal

D
only (a) and (b)

Solution

Section 32 of the act says that the arbitral proceeding shall be terminated by the final arbitral award or by all order of the arbitral tribunal. The arbitral tribunal shall issue an order for the termination of the arbitral proceedings where-
(a) The claimant withdraws his claim, unless the respondent objects to the order and the arbitral tribunal recognizes a legitimate interest on his part in obtaining a final settlement of the dispute,
(b) The parties agree on the termination of the proceedings as, or
(c) The arbitral tribunal finds that the continuation of the proceedings has for any other reason become unnecessary or impossible.
Question 4
1 / -0

An arbitral award may be set aside by the court if:

A
the arbitral award is in conflict with the public policy of India

B
the subject matter of dispute is not capable of settlement by arbitration under the law for the time being in force

C
both (a) and (b) are incorrect

D
both (a) and (b) are correct

Solution

The second part of section 34 of the 1996 Act, provides that an arbitral award by the court if it finds that the subject-matter of the dispute is not capable of settlement by arbitration under the law for the time being in force, or the arbitral award is in conflict with the public policy of India.
Question 5
1 / -0

Section $$34$$ of $$1996$$ Act is analogous to:

A
section $$30$$ of $$1940$$ Act

B
section $$28$$ of $$1940$$ Act

C
section $$32$$ of $$1940$$ Act

D
none of the above

Solution

Section 34 of the 1996 Act, provides for the procedure for applying for setting side the arbitral award which contains ground for such application. This section is similar to section 30 of the 1940 Act, which provided for grounds for setting aside the award.
Question 6
1 / -0

The Arbitral Tribunal shall rule _______________.

A
at the direction of court

B
on its own discretion

C
at the instruction of parties

D
as per provisions of General Clauses Act, $$1897$$:

Solution

The Arbitral Tribunal is constituted on agreement between the parties but the tribunal has been given power under section $$16$$ of the Act to rule on its own discretion including ruling on any objections with respect to the existence or validity of the arbitration agreement, and for that purpose an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract and a decision by the arbitral tribunal that the contract is null and void shall not entail the invalidity of the arbitration clause.
Question 7
1 / -0

In an arbitration by three arbitrators where the parties fail to agree upon appointment of arbitrators, under section $$11$$, Arbitration and Conciliation Act, $$1996$$.

A
each party shall appoint one, and the two appointed arbitrators shall appoint the third arbitrator

B
the claimant shall appoint two arbitrators and the disputant shall appoint one

C
the disputant shall appoint two arbitrators and the claimant shall appoint one

D
all the three, to be appointed by the Court

Solution

Under Section 11 of the Arbitration and Conciliation Act, 1996 which provides for procedure of appointment of arbitrators; a person of any nationality may be an arbitrator, unless otherwise agreed by the parties. In case if the parties fail to reach an agreement regarding appointment of arbitrator, 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.
Question 8
1 / -0

The expression 'costs' under section $$31$$ means reasonable costs relating to:

A
fees and expenses of the arbitrators

B
administration fees of the institution supervising the arbitration

C
only (a)

D
both (a) and (b)
Solution
Under section 31(8) of the Act, for the purpose this section, “costs” means reasonable costs relating to-
The fees and expenses of the arbitrators and witnesses,
Legal fees and expenses,
Any administration fees of the institution supervising the arbitration, and
Any other expenses incurred in connection with the arbitral proceeding and the arbitral award.
Question 9
1 / -0

The arbitral tribunal may by order terminate the arbitral proceedings _______________.

A
when parties have mutually agreed to seek termination of arbitral proceedings

B
when the claimant withdraws his disputed case and which is not objected by the respondent

C
when the arbitral Tribunal thinks it is impossible to continue proceedings

D
all of the above

Solution

The arbitral tribunal can order to terminate the arbitral on the circumstances specified under section $$32$$ of the Act. These include:
(a) the claimant withdraws his claim, unless the respondent objects to the order and the arbitral tribunal recognises a legitimate interest on his part in obtaining a final settlement of the dispute,
(b) the parties agree on the termination of the proceedings, or
(c) the arbitral tribunal finds that the continuation of the proceedings has for any other reason become unnecessary or impossible.
Question 10
1 / -0

The delay in making an application for setting aside the arbitral award under section $$34$$

A
cannot be condoned

B
can be condoned for a maximum period of $$30$$ days

C
can be condoned for a maximum period of $$60$$ days

D
can be condoned for a maximum period of $$90$$ days

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.

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Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 2

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Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 2

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SHARING IS CARING

Question 1

within sixty days

within thirty days

within ninety days

none of the above

Solution

Question 2

he is not independent or impartial

he is a foreign national

he is not qualified as per agreement between the parties

Both (a) and (c)

Solution

Question 3

a case having reference to an arbitral Tribunal

a suit in a court of law

interim award made by the arbitral Tribunal

only (a) and (b)

Solution

Question 4

the arbitral award is in conflict with the public policy of India

the subject matter of dispute is not capable of settlement by arbitration under the law for the time being in force

both (a) and (b) are incorrect

both (a) and (b) are correct

Solution

Question 5

section $$30$$ of $$1940$$ Act

section $$28$$ of $$1940$$ Act

section $$32$$ of $$1940$$ Act

none of the above

Solution

Question 6

at the direction of court

on its own discretion

at the instruction of parties

as per provisions of General Clauses Act, $$1897$$:

Solution

Question 7

each party shall appoint one, and the two appointed arbitrators shall appoint the third arbitrator

the claimant shall appoint two arbitrators and the disputant shall appoint one

the disputant shall appoint two arbitrators and the claimant shall appoint one

all the three, to be appointed by the Court

Solution

Question 8

fees and expenses of the arbitrators

administration fees of the institution supervising the arbitration

only (a)

both (a) and (b)

Solution

Question 9

when parties have mutually agreed to seek termination of arbitral proceedings

when the claimant withdraws his disputed case and which is not objected by the respondent

when the arbitral Tribunal thinks it is impossible to continue proceedings

all of the above

Solution

Question 10

cannot be condoned

can be condoned for a maximum period of $$30$$ days

can be condoned for a maximum period of $$60$$ days

can be condoned for a maximum period of $$90$$ days

Solution

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