Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 5

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Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 5

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Weekly Quiz Competition

Question 1
1 / -0

For the purpose of section $$5$$ of the Arbitration and Conciliation Act, $$1996$$, which among the following statements are true?

A
No Judicial authority shall intervene except where provided in the Act

B
Judicial authority shall intervene

C
Judicial authority shall intervene if Chief Justice of India intends so

D
None of the above

Solution

Section 5 of the act provides for extent of the judicial intervention in arbitration and provides that in matter governed by this Part, no judicial authority shall intervene except where so provided in this Part.
Question 2
1 / -0

Inability of lawyer to attend arbitral sitting due to illness is ground ___________________.

A
For setting aside the award

B
For adjustment

C
For sending the case of court

D
For reappointment the arbitrator

Solution

As per section 34(2) of the act, an arbitral award may be set aside by the court only if the party making the application furnishes proof that-
(i) A party was under some incapacity, or
(ii) The arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication hereon, under the law for the time being in force; or
(iii) The party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or
(iv) The arbitral award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration:
(v) The composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of this Part from which the parties cannot derogate, or, failing such agreement, was not in accordance with this Part;
Here in the present case if the lawyer is unable to attend the arbitral sitting, it shall be covered under Section 34(2) (iii) of the act.
Question 3
1 / -0

The Arbitral Tribunal shall issue an order for termination of the arbitral proceedings where:

A
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

C
arbitral Tribunal finals that the combination of the proceedings has for any other reason become unnecessary or impossible

D
All the above

Solution

Under section 32 of the act, 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.
Hence, D is the correct option.
Question 4
1 / -0

A written arbitration agreement is authentic if it is contained in ____________________.

A
a document signed by the parties

B
an exchange of letters, telex, telegrams or other means of telecommunication which provide a record of the agreement

C
an exchange of statements of claim and defence in which the existence of the agreement is alleged by one party and not denied by the other

D
all the options are correct
Solution
As per section 7(4) of the act, authenticity of a written arbitration agreement is checked if it is contained in:
A document signed by the parties;
An exchange of letters, telex, telegrams or other means of telecommunication which provide a record of the agreement; or
An exchange of statements of claim and defence in which the existence of the agreement is alleged by one party and not denied by the other.
Question 5
1 / -0

Section $$63$$ deals with _______________.

A
number of conciliators

B
appointment of conciliators

C
role of conciliators

D
none of the above
Solution
- Section 63 of the Act deals with number of conciliators in a conciliation proceedings. It says that, there shall be one conciliator unless the parties agree that there shall be two or three conciliators. Where there is more than one conciliator, they ought, as a general rule, to act jointly.
- Appointment of conciliators has been provided under section 64 of the act.
- Role of Conciliators is dealt under section 67 of the Act.
Question 6
1 / -0

Part IV of the Arbitration and Conciliation Act, 1996 deals with ______________

A
Geneva Conventions

B
costs and Expenses

C
supplementary Provisions

D
None of the above

Solution

Part IV of the Arbitration and Conciliation Act, 1996 deals with supplementary provisions of the act which starts from Section 82 to 86. These provisions help all other parts for the completeness of the act.
Question 7
1 / -0

Under section $$41$$, where a party cannot represent himself due to insolvency, he shall be represented by _______________.

A
Official Assignee

B
Arbitrator himself

C
Receiver

D
both (a) and (c)

Solution

Section 41 deals with provisions of arbitration in case insolvency of any of the party. According to it, in case a person has been declared insolvent, any dispute arising there out or in connection 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 in case if person is declared insolvent and became the party to an arbitration before the commencement of the insolvency proceedings 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, and the judicial authority may, if it is of opinion that, having regard to all the circumstances of the case. For this purpose, “receiver” includes an Official Assignee.
Question 8
1 / -0

The Principle of Confidentially' is laid down under:

A
section $$76$$

B
section $$73$$

C
section $$75$$

D
section $$74$$

Solution

The provision for confidentiality has been dealt with under section 75 of the Act. It states that the conciliator and the parties shall keep confidential all matters relating to the conciliation proceedings. Confidentiality shall extend also to the settlement agreement, except where its disclosure is necessary for purposes of implementation and enforcement.
Question 9
1 / -0

Section $$30$$ of the Act lays down the provision for:

A
mutual settlement of disputes by parties before the arbitral Tribunal

B
form and content of the interim award

C
termination of the proceedings of an arbitral Tribunal

D
correction and interpretation of an arbitral Tribunal

Solution

Section 30 of the act talks about settlement during arbitration. It says that, arbitral tribunal shall encourage settlement of the dispute and, with the agreement of the parties; the arbitrat tribunal may use mediation, conciliation or other procedures at any time during the arbitral proceedings to encourage settlement. If, during, arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the proceedings and, if requested by the parties and not objected to by the arbitral tribunal, record the settlement in the form of an award on agreed terms.
Question 10
1 / -0

Section $$81$$ of the Act lays down the provision for _____________.

A
admissibility of evidence in other proceedings

B
role of conciliator in other proceedings

C
power of the High Court to make rules

D
none of the above

Solution

As per section 81 of the Arbitration and Conciliation Act, 1996, provisions for admissibility of evidence in other proceedings has been dealt with. It states 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.

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Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 5

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Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 5

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SHARING IS CARING

Question 1

No Judicial authority shall intervene except where provided in the Act

Judicial authority shall intervene

Judicial authority shall intervene if Chief Justice of India intends so

None of the above

Solution

Question 2

For setting aside the award

For adjustment

For sending the case of court

For reappointment the arbitrator

Solution

Question 3

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

the parties agree on the termination of the proceedings

arbitral Tribunal finals that the combination of the proceedings has for any other reason become unnecessary or impossible

All the above

Solution

Question 4

a document signed by the parties

an exchange of letters, telex, telegrams or other means of telecommunication which provide a record of the agreement

an exchange of statements of claim and defence in which the existence of the agreement is alleged by one party and not denied by the other

all the options are correct

Solution

Question 5

number of conciliators

appointment of conciliators

role of conciliators

none of the above

Solution

Question 6

Geneva Conventions

costs and Expenses

supplementary Provisions

None of the above

Solution

Question 7

Official Assignee

Arbitrator himself

Receiver

both (a) and (c)

Solution

Question 8

section $$76$$

section $$73$$

section $$75$$

section $$74$$

Solution

Question 9

mutual settlement of disputes by parties before the arbitral Tribunal

form and content of the interim award

termination of the proceedings of an arbitral Tribunal

correction and interpretation of an arbitral Tribunal

Solution

Question 10

admissibility of evidence in other proceedings

role of conciliator in other proceedings

power of the High Court to make rules

none of the above

Solution

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