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3. 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 above.
4. 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 advise 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.
6. An arbitral award made under Part l of the Arbitration and Conciliation Act, 1996
shall be considered as a
(a) domestic award
(b) foreign award
(c) general award
(d) international award.
7. 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).
10. The validity of an arbitration agree-ment does not depend on the number of arbitrators
specified therein, as the Act does not suggest the requirement of the number of
arbitrators for an arbitration agreement’: this was laid down in:
(a) Orma Impex Pvt. Ltd. v. Nissuri Arb. Pte Ltd., AIR 1999 SC 2871
(b) Olympus Super Structures Pvt. Ltd. v. Meena Vijay Khetan, AIR 1999 SC 2102
(c) M.M.T.C. Ltd. v. Sterlite Industris (India) Ltd., AIR 1997 SC 605
(d) none of the above.
11. An arbitrator:
(a) is chosen and paid by the disputant
(b) acts in accordance with privately chosen procedure so far as that is not repugnant to
public policy
(c) only (a) is correct
(d) both (a) and (b) are correct.
15. After the arbitral award is made, each party shall be delivered
(a) the original award
(b) a signed copy of the award
(c) a photocopy of the award _
(d) an unsigned copy of the award.
17. Finality to arbitral awards within meaning of section 35 of the Arbitration and
Conciliation Act, 1996 shall
(a) not be binding on parties
(b) be binding on government authority
(c) be binding on first party only
(d) be binding on the parties and person claiming under them respectively.
18. An arbitral award shall be enforced in the same manner as if it were a decree of
(a) local authority
(b) the court
(c) the tribunal
(d) both (b) and (c).
22. To invoke international commercial arbitration it is necessary that at least one of the
parties is:
(a) a body corporate which is incorporated in any country other than India
(b) Government of a foreign country
(c) an individual who is a national of, or habitually resident in any country other than India.
(d) all of the above.
28. Court under section 2(1)(e), Arbitration and Conciliation Act means
(a) Court of Small Causes
(b) Principal Civil Court and Civil Court of an inferior grade
(c) Principal Civil Court of original jurisdiction
(d) all of the above.
29. A ‘party’ within the meaning of section 2, Arbitration & Conciliation Act, 1996 means
(a) party to the contract
(b) party to the arbitration agreement
(c) party to the suit/ proceedings
(d) either (a) or (b) or (c).
30. The definition of ‘Arbitral Tribunal’ under the Arbitration and Conciliation Act, 1996
means
(a) sole arbitrator or a panel of arbitrators
(b) sole arbitrator only
(c) panel of arbitrators only ‘
(d) presiding officer. "
32. The arbitral tribunal may arrange for administrative assistance by a suitable
(a) institution
(b) person
(c) either institution or person
(d) neither (a) nor (b).
33. A written statement of the reasons for the challenge to the arbitral tribunal has to be
sent
(a) on becoming aware of the constitution of the arbitral tribunal
(b) on becoming aware of the reasons of challenge after the appointment of the arbitrator
(c) either (a) or (b)
(d) neither (a) nor (b).
34. A written statement of the reasons for the challenge to the arbitral tribunal has to be
sent within
(a) 15 days of becoming aware of the constitution or the reasons
(b) 30 days of becoming aware of the constitution or the reasons
(c) 7 days of becoming aware of the constitution or the reasons
(d) 60 days of becoming aware of the constitution or the reasons
37. A party shall be precluded from raising the question of jurisdiction of arbitral tribunal
(a) where he has appointed the arbitrator .
(b) where ' he has participated in the appointment of the arbitrator
(c) both (a) and (b) j
(d) neither (a) nor (b).
40. The expression ‘Arbitration agreement’ under section 7 of Arbitration and Conciliation
Act, 1996 means
(a) any agreement which have arisen under the Arbitration Act of 1940
(b) any agreement to submit to arbitration all or certain disputes which have arisen or which may
arise between them in respect of a defined legal relationship, contractual or not.
(c) any agreement to submit to arbitration certain disputes of civil nature
(d) any agreement to submit to arbitration certain disputes of criminal nature.
41. The expression ‘International Commercial Arbitration’ has been defined in:
(a) section 2(1)(e)
(b) section 2(1)(g)
(c) section 2(1)(f)
(d) none of the above.
(b) ’Court’ also includes any court of a grade inferior to principal Civil Court or any Small
Causes Court
(c) ’Court’ also includes High Court in exercise of its ordinary original civil jurisdiction
(d) none of the above.
43. The word ‘arbitration’ in 1996 Act connotes the same meaning as contained in:
(a) Article 2(d) of Model Law of UNCITRAL
(b) Article 2(b) of Model Law of UNCITRAL
(c) Article 2(a) of Model Law of UNCITRAL
(d) none of above.
47. The pendency of any arbitral ‘proceeding is not a pre—condition in exercise of power
by court. The court may grant interim relief before or during arbitral proceedings or at
anytime after making of the arbitral award before it is enforced. It was held in case of
(a) Om Prakash v. State of Littar Pradesh, AIR 2010 Uttra 64
(b) Globe Co-generation Power Ltd. v. Shri Hirenyakeshi Sahkari Karkhana Niyamit, AIR 2005
Kant 94.
(c) MCD v. Pradeep Oil Mills Pvt." Ltd., AIR 2010 Del 119
(d) none of the above.
49. Which article of the Constitution of India authorises the government to enter into an
arbitration agreement:
(a) Art. 235
(b) Art. 299
(c) Art. 39
(d) both (a) and (c).
50. Under section 7, Arbitration and Conciliation Act, 1996, an arbitration agreement
(a) shall be in writing
(b) may be oral
(c) either in writing or oral
(d) neither in writing nor oral.
52. Under section 7, Arbitration and Conciliation Act, 1996, an arbitration agreement shall
be in writing 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 party
(d) either (a) or (b) or (c). "
53. Scope and object of section 8 of the Arbitration and Conciliation Act, 1996
(a) the same as that of section 34 of the Arbitration Act, 1940
(b) different from that of section 34 of the Arbitration Act, 1940
(c) same or different from that of section 34 of the Arbitration Act, 1940, depending on the facts
and circumstances of the case
(d) either (a) or (c).
54. An application for referring the parties to arbitration under section 8, Arbitration and
Conciliation Act, 1996, must be accompanied by
(a) the original arbitration agreement or a photocopy thereof
(b) the original arbitration agreement or a duly certified copy thereof
(c) a duly certified copy of the arbitration agreement or a photocopy thereof
(d) the original arbitration agreement only. Once an application under section 8,
55. Arbitration and Conciliation Act for referring the parties to arbitration is allowed, the
proceedings in which the application was made are liable to be
(a) stayed
(b) adjourned sine die
(c) dismissed as not maintainable
(d) either (a) or (b).
56. The provision of section 8, Arbitration and Conciliation Act, 1996 are
(a) pre-emptory
(b) directory
(c) discretionary
(d) optional.
58. An application under section 8, Arbitration and Conciliation Act, 1996, contemplates
(a) a matter pending before the Court
(b) a matter pending before a quasi-judicial authority
(c) a matter pending before an administrative authority
(d) either (a) or (b) or (c).
61. While considering the grant of interim measures, the Court may see whether:
(a) the applicant has made primafacie case
(b) the balance of convenience is in his favour
(c) he would suffer irreparable injury if such measures are not granted.
(d) all of the above.
62. Under section 9, interim measures by the court does not include:
(a) appointment of a guardian for a minor or a person of unsound mind for purposes of arbitral
proceedings
(b) appointment of receiver
(c) securing the amount in dispute in arbitration
(d) none of the above.
63. The court has a jurisdiction to entertain an application for interim measures:
(a) either before arbitral proceeding or after making of the arbitral award
(b) before the arbitral award is enforced
(c) can exercise power suo motu
(d) both (a) and (b).
64. In case of three arbitrators, the ‘third arbitrator’ shall act as:
(a) an umpire
(b) a Presiding Arbitrator
(c) sole arbitrator
(d) none of the above.
68. The parties to the arbitration agreement shall appoint arbitrator within:
(a) thirty days
(b) sixty days
(c) forty days
(d) ninety days
69. Which is the incorrect statement: The High Court before appointing an arbitrator,
shall have due regard to
(a) qualifications required of the arbitrators by the agreement of the parties
70. Under section 10, Arbitration and Conciliation Act, 1996, the parties are free to
determine the number of ' arbitrators, provided that such number
(a) does not exceed three
(b) does not exceed five
(c) does not exceed seven
(d) is not an even number.
71. Where the parties fail to provide for an odd number of arbitrators, the arbitral tribunal
shall consist of
(a) three arbitrators
(b) five arbitrators
(c) sole arbitrator
(d) either (a) or (b) or (c).
72. Under section 11, Arbitration and Conciliation Act, 1996, a person for being an
arbitrator
(a) must be an Indian national
(b) must be an Indian citizen
(c) may be a person of any nationality
(d) may be a person of any nationality, except an alien enemy.
73. 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.
74. Under section 11, Arbitration and Conciliation Act, the arbitrator has to be appointed
(a) within 30 days of the arbitration agreement
(b) within 30 days of arising of the dispute
(c) within 30 days of failure to resolve the dispute of their own
(d) within 30 days from the receipt of request for appointment of arbitrator from the other party.
(d) who is of a nationality other than the nationalities of the parties may be appointed as an
arbitrator.
76. A party.....
(a) cannot challenge an arbitrator appointed by him
(b) may challenge an arbitrator appointed by him for reason of which he becomes aware after the
appointment has been made
(c) may challenge an arbitrator appointed by him for reason known to him before the
appointment is made
(d) may challenge an arbitrator appointed by him irrespective of the reasons being known to him
before the appointment or becoming aware of the reasons after the appointment has been made.
77. The power of appointment of arbitrator in exercise of power under section 11(6) of 1996
Act by the Chief Justice or his designate is:
(a) a judicial order
(b) an administrative order
(c) an interim order
(d) none of the above.
79. 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).
80. Under section 11 of Arbitration and Conciliation Act, 1996, an arbitrator can be
(a) a person or a arbitrator of any previous disputes
(b) a person of concerned State
(c) a person of Indian origin only
(d) a person of any nationality.
82. Where there is a challenge to arbitrator under any procedure agreed upon by the
parties, the Arbitral Tribunal shall
(a) send the matter to the court
86. The party applying for the enforcement of a foreign award shall, produce before the
court
(a) original award or a copy thereof authenticated by law of the country
(b) original agreement for arbitration or a duly certified copy thereof
(c) such evidence as may be necessary to prove that the award is a foreign award
(d) all of the above.
89. The provision which provides for mutual settlement of dispute by parties before the
arbitral tribunal is laid down under:
(a) section 24
(b) section 30
(c) section 29
(d) section 27.
90. The arbitral tribunal may by order terminate the arbitral proceedings when:
(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.
92. 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)
(b) both (a) and (b).
93. 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).
94. 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.
96. The provision for setting a side the arbitral award is laid down under:
(a) section 32 of the Act
98. An application for setting aside an arbitral award must be made by the party after
receiving the award within:
(a) three months
(b) thirty days
(c) ninety days
(d) forty days.
99. 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.
100. For condonation of delay -in making an application for setting aside the arbitral
award
(a) section 34 of the Act is complete in itself
(b) section 5 of the Limitation Act, 1963 is applicable
(c) both (a) and (b)
(d) neither (a) nor (b).
101. 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 discertion of the court
(d) only (a) and not (b) or (c).
(a) conciliation is a process where one party of dispute initiates and other party assents to
adopt.
(b) conciliation is a method of settlement.
(c) conciliation applies to contractual dispute only
(d) none of the above.
134. 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.
135. The power and functions of the conciliator has been laid down under:
(a) section 64
(b) section 62
(c) section 67
(d) section 63.
136. The provisions for the appointment of the conciliator is laid down under:
(a) section 64
(b) section 67
(c) section 62
(d) section 61.
137. 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.
143. After the settlement agreement is reached between the parties to conciliation:
(a) the conciliator makes an award stating the reasons thereof
(b) the conciliator shall authenticate the settlement agreement and furnish a copy thereof
(c) the conciliator shall refer the matter to the tribunal
(d) none of the above
151. 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)
(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.
155. 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 above.
157. 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 continuation of the proceedings has for any other reason
become unnecessary or impossible
(d) All the above;
158. An appeal shall lie from which of the following orders to the court authorised by law
to hear appeals from original decrees of the court passing the order:
(a) granting or refusing to grant any measure under section 9
(b) setting aside or refusing to set aside on arbitral award under section 34
(c) only (a) is correct
(d) both (a) and (b) are correct.
159. The party applying for the enforcement of a foreign award shall, at any time of the
application, produce before the court-
(a) the original award or a copy thereof, duly authenticated in the manner required by law of the
country in which it was made.
(b) the original agreement for arbitration or a duly certified copy thereof l
(c) such evidence as may be necessary to prove that the award is a foreign award
(d) All the above.
160. The party applying for the enforcement of a foreign award shall, at the time of
application, produce before the court
(a) the original award or a copy thereof duly authenticated in the manner required by law of
country in which it was made
(b) evidence proving that the award has become final
(c) such evidence as may be necessary to prove that the conditions under section 57(1)(a) and (c)
are satisfied
(d) All the above.
162. Bar of non-registration of Firm under section 69 of Partnership Act, does not affect
maintainability of petition under
(a) section 5 of Arbitration and Conciliation Act
(b) section 9 of Arbitration and Conciliation Act
(c) section 10 of Arbitration and Conciliation Act
(d) section 16 of Arbitration and Conciliation Act.
163. If one party is Indian Company and another is American company and the dispute arises
out of legal relationship under contract entered between them, then such dispute falls
(a) under International Commercial Arbitration within the meaning of section 2(f) of Arbitration
and Conciliation Act, 1996
(b) under general arbitration within the meaning of section 2(a) of Arbitration Act, 1940
(c) under section 3(b) of Civil Procedure Code, 1908
(d) under section 5(b) of General Clauses Act, 1897.
165. Inability of counsel to appear due to illness before arbitrator is a ground covered
(a) under section 30 of Arbitration Act, 1940
(b) under section 34(2) of Arbitration and Conciliation Act, 1996
(c) under section 30 of the Limitation Act, 1963
(d) under section 31 of Arbitration and
166. Conciliation Act, 1996. Before the enactment of Arbitration and Conciliation Act,
1996 which Act has been applicable in India for arbitration procedure
(a) The Arbitration Act, 1940
(b) The Code of Civil Procedure, 1908
(c) The General Clauses Act, 1897
(d) none of the above.
ANSWERS
1 (c) 35 (d) 69 (b) 103 (c) 137 (b)
2 (d) 36 (a) 70 (d) 104 (d) 138 (b)
3 (a) 37 (d) 71 (c) 105 (a) 139 (a)
4 (c) 38 (c) 72 (c) 106 (d) 140 (d)
5 (a) 39 (a) 73 (a) 107 (c) 141 (a)
6 (a) 40 (b) 74 (d) 108 (d) 142 (d)
7 (c) 41 (c) 75 (d) 109 (b) 143 (b)
8 (a) 42 (b) 76 (b) 110 (a) 144 (a)
9 (b) 43 (c) 77 (b) 111 (b) 145 (d)
10 (c) 44 e 78 (b) 112 (c) 146 (a)
11 (d) 45 (b) 79 (d) 113 (d) 147 (b)
12 (d) 46 (c) 80 (d) 114 (c) 148 (c)
13 (b) 47 (b) 81 (b) 115 (a) 149 (c)
14 (a) 48 (d) 82 (d) 116 (d) 150 (a)
15 (b) 49 (b) 83 (d) 117 (d) 151 (d)
16 (c) 50 (a) 84 (b) 118 (d) 152 (c)
17 (d) 51 (b) 85 (b) 119 (b) 153 (a)
18 (c) 52 (d) 86 (d) 120 (c) 154 (d)
19 (c) 53 (b) 87 (a) 121 (d) 155 (a)
20 (d) 54 (b) 88 (c) 122 (b) 156 (c)
21 (a) 55 (c) 89 (b) 123 (a) 157 (d)
22 (d) 56 (a) 90 (d) 124 (a) 158 (d)
23 (b) 57 (b) 91 (c) 125 (b) 159 (d)
24 (b) 58 (a) 92 (d) 126 (a) 160 (d)
25 (d) 59 (a) 93 (d) 127 (a) 161 (a)
26 (d) 60 (a) 94 (b) 128 (c) 162 (b)
27 (b) 61 (d) 95 (a) 129 (c) 163 (a)
28 (c) 62 (d) 96 (c) 130 (d) 164 (a)
29 (b) 63 (d) 97 (d) 131 (c) 165 (b)
30 (a) 64 (b) 98 (a) 132 (b) 166 (a)
31 (a) 65 (c) 99 (b) 133 (b)
32 (c) 66 (b) 100 (a) 134 (b)
33 (c) 67 (d) 101 (b) 135 (c)
34 (a) 68 (a) 102 (c) 136 (a)
The answers are suggestive. Kindly verify from the basic documents, statutes,
judgments, gazette notifications or recommended text books to remove any doubt
or clearance.