Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 4

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Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 4

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Question 1
1 / -0

Part III of the Act deals with _____________.

A
Geneva Conventions

B
Conciliation

C
UNCITRAL

D
New York Convention awards

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.
Question 2
1 / -0

In Conciliation _______________.

A
the parties come to settlement after the award of the conciliator

B
the parties come to a settlement without making of any award by the conciliator

C
the parties come to any settlement only after the agreement of settlement or conciliation is signed in front of the conciliator

D
All 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 to a settlement only after award made by the Conciliator.
Hence, B is the correct option.
Question 3
1 / -0

Part III of the Act, shows the importance of _____________.

A
voluntary conciliation

B
involuntary conciliation

C
directive conciliation

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. But Part III of the Act does not apply to such disputes as cannot be submitted to conciliation by the virtue of any law for the time being in force. This shows the importance of voluntary conciliation.
Question 4
1 / -0

The conciliator is required to be bound by ____________.

A
Principles of natural justice

B
Code of Criminal Procedure, $$1973$$

C
Code of Civil Procedure, $$1908$$

D
Both (A) and (C)

Solution

A is the correct option.
The principle of Conciliation is based on the principle of natural justice and fairness and the conciliators are bound with this principle. On the other hand, as per section 66 of the act, the conciliator is not bound by the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872.
Question 5
1 / -0

The provisions for the appointment of the conciliator is laid down under _____________.

A
section $$64$$

B
section $$67$$

C
section $$62$$

D
section $$61$$

Solution

The Conciliators to a conciliation proceeding is appointed as per provisions of section 64 of the Act. In conciliation proceedings with one conciliator, the parties may agree on the name of a sole conciliator. In conciliation proceedings with two conciliators, each party may appoint one conciliator. In conciliation proceedings with three conciliators, each party may appoint one conciliator and the parties may agree on the name of the third conciliator who shall act as the presiding conciliator.
Question 6
1 / -0

Conciliation law is adopted on the pattern of _____________.

A
ICADR Rules, $$1996$$

B
Arbitration(Protocol and Convention) Act, $$1937$$

C
UNCITRAL Rules, $$1980$$

D
None of the above

Solution

As per section 61 which lies in Part III of the Act which deals with Conciliation, this Part shall apply to conciliation of disputes arising out of legal relationship, whether contractual or not and to all proceedings. Furthermore, this Part shall not apply where by virtue of any law for the time being in force certain disputes may not be submitted to conciliation. This provision is almost same to the pattern of Article 1 of the UNCITRAL Conciliation Rules, 1980. Further, preamble of the act also mentions that as UNCITRAL has adopted the UNCITRAL Conciliation rules 1980, the act also adopts the pattern of the rules.
Question 7
1 / -0

The power and functions of the conciliator has been laid down under ______________.

A
section $$64$$

B
section $$62$$

C
section $$67$$

D
section $$63$$
Solution
The role of conciliators has been provided under section 67 of the act which includes the powers and functions of the conciliators. The roles are:
The conciliator shall assist the parties in an independent and impartial manner in their attempt to reach an amicable settlement of their dispute.
The conciliator shall be guided by principles of objectivity, fairness and justice, giving consideration to, among other things, the rights and obligations of the parties, the usages of the trade concerned and the circumstances surrounding the dispute, including any previous business practices between the parties.
The conciliator may conduct the conciliation proceedings in such a manner as he considers appropriate, taking into account the circumstances of the case, the wishes the parties may express, including any request by a party that the conciliator hear oral statements, and the need for a speedy settlement of the dispute.
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.
Question 8
1 / -0

Conciliation proceedings are incorporated under _____________.

A
section $$61$$ to $$81$$ of Part III of the Act

B
section $$60$$ to $$81$$ of Part III of the Act

C
section $$59$$ to $$86$$ of Part III of the Act

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 which are incorporated from Section 61 to 81 of the Act.
Question 9
1 / -0

Section $$61$$ is in pattern of _______________.

A
UNCITRAL Conciliation Rules

B
Arbitration(Protocol and Convention) Act, $$1937$$

C
Geneva Convention

D
none of the above

Solution

As per section 61 which lies in Part III of the Act which deals with Conciliation, this Part shall apply to conciliation of disputes arising out of legal relationship, whether contractual or not and to all proceedings relating thereto. Furthermore, this Part shall not apply where by virtue of any law for the time being in force certain disputes may not be submitted to conciliation. This provision is almost same to the pattern of Article 1 of the UNCITRAL Conciliation Rules.
Question 10
1 / -0

Section $$64$$, which provides for the procedure for the appointment of the conciliator is enacted on the basis of:

A
Article $$2$$ of UNCITRAL Conciliation Rules

B
Article $$4$$ of UNCITRAL Conciliation Rules

C
Article $$3$$ of UNCITRAL Conciliation Rules

D
None of the above

Solution

Article 4 of the UNCITRAL Conciliation Rules 1980 has provided for the appointment of the Conciliators. On the same pattern, section 64 of Arbitration and Conciliation Act, 1996 has provisions for appointment of conciliators. Both UNCITRAL rules and the act provides that in conciliation proceedings with one conciliator, the parties may agree on the name of a sole conciliator. In conciliation proceedings with two conciliators, each party may appoint one conciliator. In conciliation proceedings with three conciliators, each party may appoint one conciliator and the parties may agree on the name of the third conciliator who shall act as the presiding conciliator.

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Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 4

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Question 1

Geneva Conventions

Conciliation

UNCITRAL

New York Convention awards

Solution

Question 2

the parties come to settlement after the award of the conciliator

the parties come to a settlement without making of any award by the conciliator

the parties come to any settlement only after the agreement of settlement or conciliation is signed in front of the conciliator

All of the above

Solution

Question 3

voluntary conciliation

involuntary conciliation

directive conciliation

none of the above

Solution

Question 4

Principles of natural justice

Code of Criminal Procedure, $$1973$$

Code of Civil Procedure, $$1908$$

Both (A) and (C)

Solution

Question 5

section $$64$$

section $$67$$

section $$62$$

section $$61$$

Solution

Question 6

ICADR Rules, $$1996$$

Arbitration(Protocol and Convention) Act, $$1937$$

UNCITRAL Rules, $$1980$$

None of the above

Solution

Question 7

section $$64$$

section $$62$$

section $$67$$

section $$63$$

Solution

Question 8

section $$61$$ to $$81$$ of Part III of the Act

section $$60$$ to $$81$$ of Part III of the Act

section $$59$$ to $$86$$ of Part III of the Act

none of the above

Solution

Question 9

UNCITRAL Conciliation Rules

Arbitration(Protocol and Convention) Act, $$1937$$

Geneva Convention

none of the above

Solution

Question 10

Article $$2$$ of UNCITRAL Conciliation Rules

Article $$4$$ of UNCITRAL Conciliation Rules

Article $$3$$ of UNCITRAL Conciliation Rules

None of the above

Solution

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