Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 8

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Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 8

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Weekly Quiz Competition

Question 1
1 / -0

With reference to Lok Adalats, which of the following statements is correct?

A
Lok Adalats have the jurisdiction to settle the matters at pre-litigative stage and not those matters pending before any court.

B
Lok Adalats can deal with matters which are civil and not criminal in nature.

C
Every Lok Adalat consists of either serving or retired judicial officers only and not any other person.

D
None of the above

Solution

Lok Adalat is one of the modes of Alternative Dispute Resolution. The Lok Adalat Mechanism is available throughout the State through the Legal Services Authorities/Committees for amicable settlement. It is a very effective institution of alternative dispute resolution, where the cases pending in the court of law or at pre-litigation stage are settled amicably. The decision or decree of Lok Adalat is final and binding like a civil court. It consists of a sitting or retired judicial officer and other persons.
Question 2
1 / -0

An arbitral award made under Part $$1$$ of the Arbitration and Conciliation Act, $$1996$$ shall be considered as a ___________.

A
domestic award

B
foreign award

C
general award

D
international award

Solution

Under Arbitration and Conciliation Act, 1996
Chapter I: General Provisions
Section 2: Definitions
Section2(7) an arbitral award made under this, part shall be considered as a domestic award.
In an arbitration proceeding, an award passed under the provision of section 2 to 43 of Arbitration and Conciliation Act, 1996 is called domestic award. These are dispute between parties of nation and within the country.
Under Part II Enforcement of certain foreign awards, section 44 defines a foreign award ,it reads as follows:
Unless the context otherwise requires foreign award means an arbitral award on differences between person 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 3
1 / -0

An arbitral award _______.

A
must be connected with the subject-matter of the dispute arbitrated

B
must be founded on principle of trust

C
both (a) and (b) are correct

D
only (a) is correct

Solution

According to the Arbitration and Conciliation Act, 1996, an Arbitral Award, shall be in writing, shall be signed by members of Arbitral Tribunal, shall state the reasons on which the Award is based, date and place of arbitration shall be decided. The Act provides that after passing the Award, a signed copy of the Award shall be delivered to each party.
Question 4
1 / -0

An arbitral award ______.

A
has to be in writing but need not be signed

B
has to be in writing and signed by the members of the arbitral tribunal

C
may be oral

D
either (a) or (b) or (c)

Solution

According to the Arbitration and Conciliation Act, 1996, an Arbitral Award, shall be in writing, shall be signed by members of Arbitral Tribunal, shall state the reasons on which the Award is based, date and place of arbitration shall be decided. The Act provides that after passing the Award, a signed copy of the Award shall be delivered to each party.
Question 5
1 / -0

Arbitral proceedings commence _______.

A
on the date on which a request for a dispute to be referred to arbitration is received by the respondent

B
on the date when the respondent gives consent to the appointment of the arbitrator

C
on the date when the arbitrator issues notice of the parties

D
on the date when the statement of claim and written submission of defence is made

Solution

Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent. This has been provided under the Arbitration and Conciliation Act, 1996.
Question 6
1 / -0

An arbitral award ________.

A
must state the reasons upon which it is based

B
must state the reasons upon which it is based only when the parties have agreed for the same

C
need not state the reason upon which it is based

D
may state or may not state the reasons upon which it is based as per discretion of the members of the arbitral tribunal

Solution

According to the Arbitration and Conciliation Act, 1996, an Arbitral Award, shall be in writing, shall be signed by members of Arbitral Tribunal, shall state the reasons on which the Award is based, date and place of arbitration shall be decided. The Act provides that after passing the Award, a signed copy of the Award shall be delivered to each party.
Question 7
1 / -0

Which among the following options is the main purpose of the Arbitration and Conciliation Act, $$1996$$ ?

A
To comprehensively cover international and commercial arbitration and also conciliation as also domestic arbitration and conciliation

B
To cover only domestic arbitration and conciliation

C
To cover only international arbitration

D
None of the above

Solution

The Arbitration and Conciliation Act, 1996 has repealed the Arbitration Act, 1940 and also the Acts of 1937 and 1961, consolidated and amended the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards and also defines the law relating to conciliation, providing matters connected therewith and incidental thereto on the basis of the Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law (UNCITRAL) in 1985.
Question 8
1 / -0

Part I of the Arbitration and Conciliation Act, $$1996$$ applies where __________________.

A
the place of arbitration is in India

B
the place of arbitration is outside India, but is in Asia

C
the place of arbitration is outside India, but is in Europe

D
the place of arbitration is anywhere in the world

Solution

Under the Arbitration and Conciliation Act, 1996
Part I : Arbitration
Chapter I : General Provision
Section 2: Definitions
Section 2(2) Scope: This part shall apply where the place of arbitration is in India.
Section 2(7) an arbitral award made under this Part shall be considered as a domestic award.
Question 9
1 / -0

The power of court to refer parties for arbitration would and must necessarily include, imply and inhere in it ______.

A
the power and jurisdiction to advice the parties

B
the power and jurisdiction to review the award

C
the power and jurisdiction to appoint the arbitrator

D
the power and jurisdiction to call for another arbitrator

Solution

This has been covered under the Section 8 of the Arbitration and Conciliation Act, 1996. The language of section is peremptory in nature. Therefore, in cases where there is an arbitration clause in the agreement, it is obligatory for the court to refer the parties in arbitration in terms of their arbitration agreement and nothing remains to be decided in the original action after such an application is made except to refer the dispute to an arbitrator.
Question 10
1 / -0

In the matters governed by Part I of the Arbitration and Conciliation Act, $$1996$$ _____________.

A
a judicial authority can intervene generally

B
a judicial authority shall not intervene under any circumstances

C
a judicial authority cannot intervene except where so provided in this Part

D
either (a) or (c)

Solution

Under the Arbitration and Conciliation Act, 1996
Chapter I: General Provisions
It has been provided under section 5 that a judicial authority shall not intervene except provided in this part (part 1)

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Re-Attempt Weekly Quiz Competition

Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 8

Result

Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 8

Score

-

Rank

-

SHARING IS CARING

Question 1

Lok Adalats have the jurisdiction to settle the matters at pre-litigative stage and not those matters pending before any court.

Lok Adalats can deal with matters which are civil and not criminal in nature.

Every Lok Adalat consists of either serving or retired judicial officers only and not any other person.

None of the above

Solution

Question 2

domestic award

foreign award

general award

international award

Solution

Question 3

must be connected with the subject-matter of the dispute arbitrated

must be founded on principle of trust

both (a) and (b) are correct

only (a) is correct

Solution

Question 4

has to be in writing but need not be signed

has to be in writing and signed by the members of the arbitral tribunal

may be oral

either (a) or (b) or (c)

Solution

Question 5

on the date on which a request for a dispute to be referred to arbitration is received by the respondent

on the date when the respondent gives consent to the appointment of the arbitrator

on the date when the arbitrator issues notice of the parties

on the date when the statement of claim and written submission of defence is made

Solution

Question 6

must state the reasons upon which it is based

must state the reasons upon which it is based only when the parties have agreed for the same

need not state the reason upon which it is based

may state or may not state the reasons upon which it is based as per discretion of the members of the arbitral tribunal

Solution

Question 7

To comprehensively cover international and commercial arbitration and also conciliation as also domestic arbitration and conciliation

To cover only domestic arbitration and conciliation

To cover only international arbitration

None of the above

Solution

Question 8

the place of arbitration is in India

the place of arbitration is outside India, but is in Asia

the place of arbitration is outside India, but is in Europe

the place of arbitration is anywhere in the world

Solution

Question 9

the power and jurisdiction to advice the parties

the power and jurisdiction to review the award

the power and jurisdiction to appoint the arbitrator

the power and jurisdiction to call for another arbitrator

Solution

Question 10

a judicial authority can intervene generally

a judicial authority shall not intervene under any circumstances

a judicial authority cannot intervene except where so provided in this Part

either (a) or (c)

Solution

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