Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 3

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Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 3

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Question 1
1 / -0

Section $$53$$ talks about the arbitration agreement:

A
in general

B
in specific

C
in simpliciter

D
none of the above

Solution

As per section 53 of the Act, “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, -
(a) In pursuance of an agreement for arbitration to which the Protocol set forth in the Second Schedule applies, and
(b) Between persons of whom one is subject to the jurisdiction of someone of such Powers as the Central Government, being satisfied that reciprocal provisions have been made, may, by notification in the Official Gazette, declare to be parties to the Convention set forth in the Third Schedule, and of whom the other is subject to the jurisdiction of some other of the Powers aforesaid, and
(c) In one of such territories as the Central Government, being satisfied that reciprocal provisions have been made, may, by like notification, declare to be territories, to which the said Convention applies, And for the purposes of this Chapter, an award shall not be deemed to be final if any proceedings for the purpose of contesting the validity of the award are pending in the country in which it was made.
As per these provisions, the arbitration agreement here is talked about in unconditional sense and hence in simpliciter.
Question 2
1 / -0

Section $$39$$ deals with:

A
costs of arbitration

B
fees for the arbitrators

C
unpaid costs of arbitration

D
none of the above

Solution

Section 39 of the Arbitration and Conciliation Act, 1996 deals with lien i.e a right to keep possession of property belonging to another person until a debt owed by that person is discharged, on arbitral awards. It says that the arbitral tribunal shall have a lien on the arbitral award for any unpaid costs of the arbitration.
Question 3
1 / -0

Section $$38$$ deals with:

A
unpaid costs of arbitration

B
fixation of the costs of an arbitration

C
both (a) and (b)

D
none of the above

Solution

Section 38 of the act talks about deposits to be made as cost of arbitration. It states that the arbitral tribunal may-fix the amount of the deposit or supplementary deposit as an advance for the costs which it expects will be incurred in respect of the claim submitted to it. If there is a counter-claim that has been submitted to the arbitrat tribunal, it may fix separate amount of deposit for the claim and counter claim.
Question 4
1 / -0

Under section $$34$$, misconduct in proceeding means:

A
proceeding ex prlrte without sufficient cause

B
improper rejection of evidence

C
both (a) and (b)

D
only (a)

Solution

As per Section 34 of the Act, grounds for application to set aside the arbitral award has been provided. But there are certain unstated grounds of setting aside the awards such as any misconduct in proceedings of arbitration. Such misconducts in proceedings include any arbitral proceedings is carried on ex-parte i.e. without party or parties without any sufficient cause to the same. Also in case if evidence was rejected in improper manner, it amounts to misconduct of proceedings.
Question 5
1 / -0

The expression 'foreign award' is defined under:

A
section $$41$$

B
section $$42$$

C
section $$44$$

D
section $$40$$

Solution

Part II of the Arbitration Act, 1996 deals with enforcement of the foreign awards. Chapter I of this part deals with New York Convention. Section 44 of the act defines foreign award as 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 6
1 / -0

Under section $$48$$, 'contrary to public policy of 'India' connotes _______________.

A
interests of India

B
justice or morality

C
fundamental policy of Indian Law

D
all of the above

Solution

As per section 48 of the Act, an award is said to be in conflict with the public policy of India if it has been affected by fraud or corruption; or it was in violation of the of the Act; or it was in contravention with the fundamental policy of Indian law or basic principles of morality or justice.
Question 7
1 / -0

Part II of the Act deals with _____________.

A
New York Convention awards

B
Concilliation

C
None of the above

D
both (A) and (B)

Solution

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. Hence, the most appropriate option is New York Convention awards.
Question 8
1 / -0

Delay in making an application for setting aside the arbitral award

A
can be condoned under section $$5$$ of Limitation Act

B
cannot be condoned by invoking section $$5$$ of Limitation Act

C
may be condoned under section $$5$$ of Limitation Act as per discretion of the Court

D
only (a) and not (b) or (c)

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

Section $$48$$ lays down the provisions for:

A
foreign award

B
power of judicial authority to refer parties to arbitration

C
binding effect of foreign award

D
conditions for enforcement of foreign awards
Solution
Section 48 of the Arbitration and Conciliation act, 1996, provides for conditions required for the enforcement of foreign award. The conditions include:
A foreign award may not be enforced in India if it is proved by the party against whom it is sought to be enforced that:
the parties to the agreement were under some incapacity to perform under the law to which they were subjected to and in the absence of any mention of such law, the law of the country where the award was made, i.e. the place of arbitration, or,
the agreement was invalid under the law to which the parties have subjected it and in the absence of any mention of such law, the law of the country where the award was made, or,
a fair trial was not conducted by the tribunal passing the award by failing to adhere to the principles of fair hearing, or,
the award passed was partly or wholly beyond the scope of the arbitration agreement, in which case the part of the award exceeding the scope of submission to arbitration may be separated from rest of the award, or,
the composition of the arbitral tribunal or authority and/or the procedure of its appointment was not in accordance with the arbitration agreement or in the absence of any mention of the same in the agreement, it was not in accordance with the law of the country where the arbitration proceedings were held, i.e. the place of arbitration, or,
the award has not yet been made binding on the parties or has been set aside or suspended by a competent authority of the country which is either the place or seat of arbitration.
the settlement of the award is not as per Indian arbitration laws, or the enforcement of the award is contrary to the public policy of India.
An award is said to be in conflict with the public policy of India if it has been affected by fraud or corruption; or it was in violation of the of the Act; or it was in contravention with the fundamental policy of Indian law or basic principles of morality or justice.
Question 10
1 / -0

Section $$41$$ deals with:

A
provision in case of insolvency

B
provision in case of death

C
provision in case of minor

D
none of the above

Solution

As per provisions of section 41 of the act, where it is provided by a term in a contract to which an insolvent is a party that any dispute arising there out or in connection therewith shall be submitted to arbitration, the said term shall, if the receiver adopts the contract, be enforceable by or against him so far as it relates to any such dispute. Also, where a person who has been adjudged an insolvent had, before the commencement of the insolvency proceedings, become a party to an arbitration agreement, and any matter to which the agreement applies is required to be determined in connection with, or for the purposes of, the insolvency proceedings, then any other party or the receiver may apply to the judicial authority having jurisdiction in the insolvency proceedings for an order directing that the matter in question shall be submitted to arbitration in accordance with the arbitration agreement

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Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 3

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Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 3

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Question 1

in general

in specific

in simpliciter

none of the above

Solution

Question 2

costs of arbitration

fees for the arbitrators

unpaid costs of arbitration

none of the above

Solution

Question 3

unpaid costs of arbitration

fixation of the costs of an arbitration

both (a) and (b)

none of the above

Solution

Question 4

proceeding ex prlrte without sufficient cause

improper rejection of evidence

both (a) and (b)

only (a)

Solution

Question 5

section $$41$$

section $$42$$

section $$44$$

section $$40$$

Solution

Question 6

interests of India

justice or morality

fundamental policy of Indian Law

all of the above

Solution

Question 7

New York Convention awards

Concilliation

None of the above

both (A) and (B)

Solution

Question 8

can be condoned under section $$5$$ of Limitation Act

cannot be condoned by invoking section $$5$$ of Limitation Act

may be condoned under section $$5$$ of Limitation Act as per discretion of the Court

only (a) and not (b) or (c)

Solution

Question 9

foreign award

power of judicial authority to refer parties to arbitration

binding effect of foreign award

conditions for enforcement of foreign awards

Solution

Question 10

provision in case of insolvency

provision in case of death

provision in case of minor

none of the above

Solution

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