MCQ-Adda

SUBSCRIBE

The Arbitration & Conciliation Act, 1996

1. In a case relating to arbitration, the arbitral award was remitted

under section 16 of the Arbitration Act, 1940. The date of award
was 1st June, 1992. The Arbitration and Conciliation Act came into
force on 22 August, 1996. The validity of award can be challenged
under the
A. Limitation Act, 1963
B. General Clauses Act, 1897
C. Arbitration Act, 1940
D. Arbitration and Conciliation Act, 1996 only.
2. Which of the following model law was used by the Indian
Arbitration and conciliation Act 1996?
A. Constitution of India
B. Guidelines of Supreme Court of India
C. European Commercial Arbitration Procedure

29
SHARE
S
D. UNCITRAL, 1985.

29
SHARE
S
 3. Which
SUBSCRIBE among the following is the main objective of the Arbitration
Act, 1996?

A. To comprehensively cover international commercial arbitration

B. To ensure that arbitral tribunal within the limits of court’s
jurisdiction
C. To minimize the supervisory role of courts in the arbitral
process
D. none of the 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.
5. 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.
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
SUBSCRIBE
C. a judicial authority cannot intervene except where so provided

in this Part
D. either (a) or (c).
8. 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.
9. The provisions of 1996 Act have to be interpreted being uninfluenced
by principles underlying under 1940 Act. This observation was laid
down in:
A. M.M.T.C. Ltd. v. Sterlite Industries (India) Ltd, AIR 1997 SC 605
B. Sundamm Finace Ltd. v. N.E.P.C. India Ltd., AIR 1999 SC 565.
C. Olympus Super Structures Pvt. Ltd. v. Meemz Vijay Khetan,
AIR 1999 SC 2102.
D. Orma Impex Pvt. Ltd. v. Nissuri Arb. Pte. Ltd., AIR 1999 SC 2871.
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

29
disputant
SHARE
S
MCQ-Adda B. acts in accordance with privately chosen procedure so far as
SUBSCRIB
E that
is not repugnant to public policy
C. only (a) is correct
D. both (a) and (b) are correct.
12. 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
13. 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).
14. 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.
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.

29
SHARE
S
16. A all carry interest

s
u
m

d
i
r
e
c
t
e
d

t
o

b
e

p
a
i
d

b
y

a
n

a
r
b
i
t
r
a
l
a
w
a
r
d

s
h

29
SHARE
S
SUBSCRIBE
A. @ 6% per annum from the date of the award till the date of

payment
B. @ 12% per annum from the date of the award till the date of
payment
C. 18% per annum from the date of the award till the date of
payment
D. 24 % per annum from the date of the award till the date of
payment.
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).
19. An arbitral award becomes enforceable when
A. the time for making an application for setting aside the arbitral
award has expired and no such application has been made
B. an application for setting aside the arbitral award has been
refused
C. either (a) or (b)
D. neither (a) nor (b).
20. Which of the following in the correct statement
MCQ-Adda A. an arbitral award can be inferred with if it is contrary to the
SUBSCRIB
E
substantive provisions of the Act or against the terms of the
contract
B. an arbitral award can be set aside if the arbitral tribunal has
not followed the mandatory procedure prescribed under the
Act
C. an arbitral award can be set aside if it is contrary to
fundamental policy of Indian law, or the interest of India, or
justice or morality
D. all of the above.
21. Which one of the following is incorrect statement:
A. an arbitral award is a contract
B. an arbitral award must be in writing and signed.
C. an arbitral award includes an interim award.
D. none of the above.
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.
23. Private arbitration is also described as:
A. integral arbitration
B. consensual arbitration
C. domestic arbitration
D. none of the above.
24. Ad-hoc arbitration can be sought:
A. when the parties involved in commercial
incorporate arbitration clause as a part of agreement to refer
29
SHARE
S
tr
a
n
s
a
ct
io
n
c
h
o
o
s
e
to

incorporate arbitration clause as a part of agreement to refer

29
SHARE
S
MCQ-Adda their future
SUBSCRIB
E disputes
B. when a dispute that arose between the parties to a business
transaction could not be settled through mediation or
conciliation
C. when the parties agree to submit to arbitration ‘all or any’
di"erences which have arisen or may arise
D. only (b) and (c).
25. Statutory arbitration is:
A. imposed on the parties by operation of law
B. a compulsory arbitration
C. where consent of the parties is not necessary
D. all of the above.
26. Which is correct statement:
A. Institutional arbitration has its own set of rules.
B. Indian Council of Arbitration is the apex body
C. the rules may provide for domestic or
international arbitration or for both
D. all of the above.
27. Which is incorrect statement:
A. Arbitrator is a person to whom the matters in the
dispute are submitted by the parties
B. the Arbitral Tribunal can make law of its own
C. the Arbitral Tribunal is the creature of an
agreement
D. both (b) and (c) are incorrect.
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

29
SHARE
S
D. al
l
of
t
h
e
a
b
o
v
e.

29
SHARE
S
29. A ‘party’ within the meaning of section 2, Arbitration &
SUBSCRIBE
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 o cer.
31. The arbitral tribunal may arrange for administrative assistance
A. with the consent of the parties
B. with the consent of the claimant
C. without the consent of the parties
D. of its own, irrespective of the consent of the parties.
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

29
(b).SHARE
S
34.SUBSCRIBE
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
35. The arbitral tribunal has the jurisdiction to rule
A. on its own jurisdiction
B. on objections as to the existence of the arbitration agreement
C. on objection as to the validity of the arbitration agreement
D. all of the above.
36. A plea questioning the jurisdiction of the arbitral tribunal
A. must be raised before or at the time of submission of statement
of defence
B. may be raised after the submission of the statement of defence
C. can be raised at any time before the conclusion of arbitral
proceedings
D. can be raised at any time before the making of arbitral award.
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)
D. neither (a) nor (b).
38. During the arbitral proceedings the arbitral tribunal
A. can make interim award
B. may require a party to provide appropriate security
C. both (a) and (b)
D. either (a) or (b).
39. The arbitral tribunal has the jurisdiction
29
to SHARE
S
MCQ-Adda A. award interest on the whole or part of the
SUBSCRIB
E money
B. award interest on the whole of the money Only
C. award interest on part of the money only
D. either (b) or (c).
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 de ned 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.
42. Which is incorrect statement:
A. 'Court' means principal Civil Court of original
jurisdiction in a district.
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

29
SHARE
S
D. n
o
n
e
of
t
h
e
a
b
o
v
e.

29
SHARE
S
43. The word ‘arbitration’ in 1996 Act connotes the same meaning as
SUBSCRIBE
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.
44. The arbitrator in case of international commercial arbitration is
appointed by:
A. Parties themselves
B. Attorney-General of India
C. Chief Justice of India
D. Judge of the Supreme Court
E. both (a) and (c).
45. The members of Statutory Arbitral Tribunals are appointed by:
A. parties themselves
B. State.
C. Centre
D. none of the above.
46. Which is incorrect statement:
A. Arbitration agreement is a kind of contract
B. Parties to the arbitration must be legal persons
C. Arbitration agreement recognises verbal agreement
D. both (b) and (c) are incorrect.
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

29
94.
SHARE
S
SUBSCRIBE C. MCD v. Pradeep Oil Mills Pvt." Ltd., AIR 2010 Del
119
D. none of the above.
48. Which is incorrect statement: Arbitration agreement should be in
writing
A. Arbitration agreement should be in writing
B. Arbitration agreement can be in the form of a seperate
agreement.
C. The Act does not require that it should be signed by both the
parties
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.
51. Reference in a contract to a document containing an arbitration
clause
A. does not constitute an arbitration agreement
B. constitutes an arbitration agreement if the contract is in
writing and the reference is such as to make that arbitration
clause part of the contract
C. constitutes an arbitration agreement where the contract though

oral, the reference is such as to make that arbitration clause

29
part
SHARE
S
SUBSCRIBE
of the contract

D. either (b) or (c).

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. di"erent from that of section 34 of the Arbitration Act, 1940
C. same or di"erent 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 certi ed 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

29
be SHARE
S
 SUBSCRIBE
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.
57. Section 8, Arbitration and Conciliation Act, 1996
A. bars the court from referring the parties to arbitration once the
party has submitted his statement
B. does not. bar the court from referring the parties to
arbitration after submission of his statement, where the
party who has brought the action does not object
C. does not bar the court from referring the parties to arbitration
after submission of his statement, irrespective of whether the
party who has brought the action has any objection to it or not
D. only (a), and not (b) or (c).
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).
59. Section 9 of 1996 Act is identical to:
A. section 41(b) of 1940 Act
B. section 40 of 1940 Act
C. section 39 of 1940 Act
MCQ-Adda E
60. Section 9 of 1996 Act deals
SUBSCRIB
with: D. none of the
29
above.
SHARE
S
 court
B. discretionary powers of the court
A. interim
measures C. both (a) and (b)
by the
D. none of the above.
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 su"er 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
29
above.
SHARE
S
 65. An arbitration
SUBSCRIBE
agreement specifying even number of arbitrators
cannot be a sole ground to render arbitration agreement invalid’—

this was laid down in:

A. Grid corporation of Orissa Ltd. v. Indian Charge Chrome, AIR
1998 SC 1761
B. K.K. Modi v. KN. Modi, AIR 1998 SC 1297
C. M.M.T.C. Ltd. v. Sterlite Industries (India) Ltd., AIR 1997 SC 605
D. Sandaram Finance Ltd. v. N.E.P.C. India Ltd., AIR 1999 SC 565.
66. The ‘Presiding Arbitrator’ is appointed by:
A. parties to the arbitration agreement
B. the appointed arbitrator by each party
C. the Court
D. either (a) or (b) or (c).
67. The appointment of arbitrator/arbitrators, can be made:
A. by the parties
B. by designated authority
C. by arbitral institution
D. either (a) or (b) or (c).
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
B. nationality of the arbitrator
MCQ-Adda E
SUBSCRIB

29
SHARE
S
 C. other ‘considerations which are likely to secure the
of an impartial arbitrator.
appointment
D. none of the above.
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

29
SHARE
S
SUBSCRIBE
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.
75. In the case of appointment of sole or third arbitrator in an
international commercial arbitration, a person
A. who is of the nationality of the claimant may be appointed as
arbitrator
B. who is of the nationality of the disputant may be appointed as
an arbitrator
C. who is of any nationality irrespective of the nationalities of the
parties may be appointed as an arbitrator
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.
29
SHARE
S
 77. The power of appointment of arbitrator in exercise of power under
SUBSCRIBE
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.
78. Section 12 of Arbitration and Concilation Act, 1996 deals with
A. procedure ‘for arbitration
B. grounds for challange to Arbitrator
C. finality of award l
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.
81. Section 13 of Arbitration and Conciliation Act, 1996 lays down:
A. the termination of mandate of arbitrator
B. the procedure for challenging an arbitration
C. powers of arbitral tribunal
D. none of the above.
82. Where there is a challenge to arbitrator under any procedure agreed

upon by the parties, the Arbitral Tribunal

29
shall SHARE
S
MCQ-Adda A. send the matter to the
SUBSCRIB
E court
B. appoint any other arbitrator at its own discretion
C. not continue the arbitral proceedings
D. continue the arbitral proceedings and shall decide on the
challenge.
83. The mandate of an arbitrator shall terminate
A. when he withdraws from his o ce for any reason
B. when he becomes de jure or defacto unable to act
without undue delay
C. when the parties have agreed to terminate
arbitrator's authority
D. all of the above.
84. When the mandate of an arbitrator terminate
A. no other arbitrator shall be appointed
B. a substituted arbitrator shall be appointed
C. the matter shall be sent to the court
D. the dispute shall remain undecided by the
Arbitrators.
85. The Arbitral Tribunal shall rule
A. at the direction of court
B. on its own discretion
C. at the instruction of parties
D. as per provisions of General Clauses Act, 1897:
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

D. all of the
29
above.
SHARE
S
th
e
a
w
ar
d
is
a
fo
re
ig
n
a
w
ar
d

D. all of the
29
above.
SHARE
S
MCQ-Adda
87. The Arbitral Tribunal
SUBSCRIB
E may
A. appoint o_ne or more experts to report to it on speci c issues
to be determined by itself
B. appoint only one expert to report to it on specific issues to be
determined by the arbitral Tribunal
C. appoint a Court Receiver to report specific issues
D. may appoint Court Commissioners to report specific issues.
88. Which is incorrect statement:
A. the arbitral tribunal is bound by Code of Civil
Procedure, 1908
B. the arbitral tribunal is bound by Indian Evidence
Act, 1872
C. both (a) and (b) are incorrect
D. none 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.

opportunity to the party to take appropriate legal proceedings

29
SHARE
S
91. W ssful
h
e A. the arbitral Tribunal shall stay the
r proceedings giving
e

t
h
e

c
h
a
l
l
e
n
g
e

t
o

t
h
e

a
r
b
i
t
r
a
t
o
r
i
s

n
o
t
s
u
c
c
e
opportunity to the party to take appropriate legal proceedings
29
SHARE
S
MCQ-Adda against the
SUBSCRIB
E order
B. the arbitral Tribunal shall continue the arbitral proceedings
but shall not make an arbitral award till the disposal of
proceedings, if any, initiated by the party challenging the
arbitration against the said order
C. the arbitral Tribunal shall continue the arbitral proceedings
and make the award
D. the arbitral Tribunal shall continue the proceedings only with
the consent of the party who has challenged the arbitrator.
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)
D. 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.
95. Section 34 of 1996 Act is analogous to:

C. section 32 of 1940 Act

29
SHARE
S
A. s
e
ct
io
n
3
0
o
f
1
9
4
0
A
ct
B. s
e
ct
io
n
2
8
of
1
9
4
0
A
ct

C. section 32 of 1940 Act

29
SHARE
S
 D. none of the
SUBSCRIBE
above.
96. The provision for setting a side the arbitral award is laid down under:

A. section 32 of the Act

B. section 36 of the Act
C. section 34 of the Act
D. none of the above.
97. An arbitral award may be set aside by the court if:
A. the arbitral award is in conflict with the public policy of India
B. the subject-matter of dispute is not capable of settlement by
arbitration under the law for the time being in force
C. both (a) and (b) are incorrect
D. both (a) and (b) are correct.
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

29
(b).SHARE
S
MCQ-Adda
101. Delay in making an application for setting aside the arbitral
SUBSCRIB
E 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).
102. Which of the following is incorrect statement
A. the e"ect of award being set aside is no longer
enforceable by law
B. the setting aside of an award acts as a bar to
subsequent arbitral proceeding on the same
dispute
C. the setting aside of an arbitral award invalidates
the arbitral agreement
D. none of the above
103. Under section 34, misconduct in proceeding means:
A. proceeding ex prlrte without su cient cause
B. improper rejection of evidence
C. both (a) and (b)
D. only (a).
104. ‘Personal misconduct’ connotes:
A. bias
B. bribery
C. having interest in the subject-matter of reference
D. all of the above.
105. Which is incorrect statement:
A. an award of an arbitral tribunal can be set aside
partly.
B. the arbitral tribunal may by order terminate the
arbitral proceedings

the members of the arbitral

29
tribunal
SHARE
S
C. a
n
ar
bi
tr
al
a
w
ar
d
s
h
al
l
b
e
m
a
d
e
in
w
ri
ti
n
g
a
n
d
s
h
al
l
b
e
si
g
n
e
d
b
y

the members of the arbitral

29
tribunal
SHARE
S
 D.SUBSCRIBE
none of the
above.
106. Right of action which is extinguished by the death of a person

includes:
A. suit for damages for wrongful arrest
B. suit for specific performance of contract
C. right of damages for defamation
D. only (a) and (c).
107. Section 39 deals with:
A. costs of arbitration
B. fees for the arbitrators
C. unpaid costs of arbitration
D. none of the above.
108. Which of the following is incorrect statement:
A. Revision application is not maintainable against appellate
order,
B. the orders of arbitral tribunals are appealable
C. any right to appeal to the Supreme Court is not prohibited
D. none of the above.
109. Section 38 deals with:
A. unpaid costs of arbitration
B. xation of the costs of an arbitration
C. both (a) and (b)
D. none of the above.
110. 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.
111. Section 43 deals with:
A. jurisdiction
B. limitation
29
SHARE
S
SUBSCRIBE
C. finality of arbitral
award
D. none of the above.
112. The expression ‘foreign award’ is defined under:
A. section 41
B. section 42
C. section 44
D. section 40.
113. Foreign award’ implies:
A. where one of the parties is foreign national
B. where the award is made in foreign country
C. where subject matter deals with international trade
D. all of the above.
114. Which of the following is incorrect statement:
A. The New York Convention shall apply to the arbitral awards
made in state where their recognition and enforcement is
sought
B. The New York Convention shall apply to arbitral awards not
considered as domestic awards’ where their recognition and
enforcement is sought
C. both (a) and (b)
D. none of the above.
115. Foreign award’ under section 44 means:
A. that the award must have been made on or after 11th day of
October 1960.
B. that the award must have been made after 28th day of ]uly 1924
C. that the award must have been made on or after 12th day of
December 1971
D. none of the above.
116. The enforcement of a foreign award may be refused if:
A. the party against whom the award is invoked was not given
proper notice of the appointment of the
29
arbitrator
SHARE
S
SUBSCRIBE
B. enforcement of the award‘ would be contrary to the public
policy
of India
C. none of the above
D. both (a) and (b).
117. Section 48 lays down the provision for:
A. foreign award
B. power of judicial authority to refer parties to arbitration
C. binding e"ect of foreign award
D. conditions for enforcement of foreign awards.
118. 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.
119. Section 53 has limited application because:
A. it applies to the jurisdiction of di"erent parties to the New York
Convention
B. it applies to the jurisdiction of di"erent parties to the Geneva
Convention
C. it applies to the jurisdiction of domestic land
D. none of the above.
120. Section 53 talks about the arbitration agreement:
A. in general
B. in specific
C. in simplicitor
D. none of the above.
121. Part II of the Act deals with:
A. New York Convention awards
B. Geneva Conventions

C.
29
Conciliation
SHARE
S
 D. both (a) and
SUBSCRIBE
(b).
122. Part III of the Act deals with:

A. Geneva Conventions
B. Conciliation
C. UNCITRAL
D. New York Convention awards
123. Part I of the Act deals with:
A. Domestic Arbitration
B. New York Convention awards
C. UNCITRAL
D. none of the above.
124. 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.
125. Which of the following is incorrect statement:
A. like arbitration, conciliation is also another means of setting
disputes
B. like arbitration, prior agreement in writing is required in
conciliation
C. like arbitration, third person is chosen by the parties to resolve
the disputes
D. none of the above.
126. 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.

127. Part III of the Act, shows the importance

29
of: SHARE
S
MCQ-Adda A. voluntary
SUBSCRIB
E conciliation
B. involuntary conciliation
C. directive conciliation
D. none of the above.
128. Which of the following is incorrect statement:
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.
129. Which one of the following is incorrect statement:
A. conciliation means settling of disputes without
litigation
B. the conciliators do not engage in any formal
hearing
C. the party comes to settlement only when the
award is made by the conciliator
D. none of the above.
130. The conciliation proceedings:
A. can be used as evidence in any judicial proceedings
B. can be used as evidence only in the arbitral
proceedings
C. can be used as evidence only on the discretion of
the judge or arbitrator
D. cannot be used as evidence in any
arbitral or judicial proceedings.
131. Conciliation law is adopted on the pattern of:
A. ICADR Rules, 1996
B. Arbitration (Protocol and Convention) Act, 1937
C. UNCITRAL Rules, 1980
A. cannot be terminated
29
later
SHARE
S
 D. N
o
n
e
of
t
h
e
a
b
o
v
e.
132. C
o
n
c
i
l
i
a
t
i
o
n

P
r
o
c
e
e
d
i
n
g
s
:

A. cannot be terminated
29
later
SHARE
S
MCQ-Adda B. can be terminated only by judge of High
SUBSCRIB
E Court
C. can be terminated by a written declaration by a party to the
other party
D. both (b) and (c).
133. Conciliation proceedings shall commence:
A. when both the parties comes to a written
agreement
B. when written invitation to conciliation is made to
the other party
C. when both the parties agree for conciliation
mutually
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

the conciliator is enacted on the basis

29
of: SHARE
S
 C. se rocedure for the appointment of
ct
io
n
6
2
D. s
e
ct
io
n
6
1.
137. S
e
c
t
i
o
n

6
4
,
w
h
i
c
h

p
r
o
v
i
d
e
s

f
o
r
t
h
e

the conciliator is enacted on the basis

29
of: SHARE
S
MCQ-Adda A. Article 2 of UNCITRAL Conciliation
SUBSCRIB
E Rules
B. Article 4 of UNCITRAL Conciliation Rules
C. Article 3 of UNCITRAL Conciliation Rules
D. none of the above.
138. Which of the following is incorrect statement:
A. the conciliator shall assist the parties in an
independent and impartial manner
B. the conciliator can make proposals for settlement
but it has to be accompanied by the statement of
reasons
C. the conciliator shall be guided by principle of
objectivity, fairness and justice
D. none of the above.
139. 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).
140. The conciliation proceedings shall be terminated:
A. by signing of the settlement agreement by the
parties, on the date of agreement
B. by written declaration of the parties and the
conciliator to terminate the conciliation
proceedings on the date of declaration
C. by written declaration of the parties addressed to
the conciliator to the e"ect that conciliation
proceedings are terminated, on the date of
declaration
D. all of the above.
141. Termination of conciliation proceedings are laid down
C. section 73
29
SHARE
S
 u
n
d
e
r
:
A. s
e
ct
i
o
n
7
6
B. s
e
ct
io
n
7
4

C. section 73
29
SHARE
S
 D. section
SUBSCRIBE
75.
142. Section 73 lays down the provisions for:

A. costs
B. termination of conciliation proceedings
C. confidentiality
D. settlement agreement.
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
144. 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.
145. The evidence which is inadmissible under section 81 is:
A. admissions made by other party in the course of the
conciliation proceedings
B. proposals made by the conciliator
C. views expressed by the conciliator in course of conciliation
proceedings
D. all of the above.
146. Section 63 deals with:
A. number of conciliators
B. appointment of conciliators
C. role of conciliators

D. none of the
29
above.
SHARE
S
 147. The term ‘fairness’
SUBSCRIBE
embodies:
A. the concept of justice
B. the concept of equality
C. the concept of unbiasness
D. none of the above.
148. Part IV of the Act deals with:
A. Geneva Conventions
B. Costs and Expenses
C. Supplementary Provisions
D. none of the above.
149. The ‘Principle of Confidentiality’ is laid down under:
A. section 76
B. section 73
C. section 75
D. section 74.
150. The ‘Principle of Co-operation’ is laid down under:
A. section 71
B. section 70
C. section 69
D. none of the above
151. Under section 41, where a party cannot represent himself due to
insolvency, he shall be represented by:
A. O cial Assignee
B. Arbitrator himself
C. Receiver
D. both (a) and (c)
152. Which of the following is incorrect statement:
A. under section 40, the arbitration agreement shall not be
discharged by death of the party "

29
SHARE
S
MCQ-Adda B. under section 40, where the death occurs during the course of
SUBSCRIB
E
the arbitral proceedings, all the legal representatives are
bound by the award
C. under section 40, the legal representatives are bound by the
award if death occurs during the course of proceedings, but
after the death a new arbitrator has to be appointed
D. none of the above.
153. 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.
154. 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.
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
156. The mandate of an arbitrator shall terminate
29
if: SHARE
S
 C. Ju India intends so
di D. None of above.
ci
al
a
ut
h
or
it
y
s
h
al
l
in
te
r
v
e
n
e
if
C
hi
ef
Ju
st
ic
e
of

156. The mandate of an arbitrator shall terminate

29
if: SHARE
S
MCQ-Adda A. he becomes de jure or de facto unable to perform his functions
SUBSCRIB
E or
for other reasons fails to act without undue delay
B. he withdraws from his o ce or the parties agree to the
termination of his mandate
C. both (a) and (b) are correct
D. only (b) is correct.
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
29
SHARE
S
a he country in which it was made.
u B. the original agreement for arbitration or a duly
t certified copy thereof l
h
e
n
ti
c
at
e
d
in
th
e
m
a
n
n
er
re
q
ui
re
d
b
y
la
w
of
t

29
SHARE
S
SUBSCRIBE
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.
161. The Arbitrator in respect of escalation cost
A. has jurisdiction to proceed inherently
B. has no jurisdiction to proceed inherently
C. has to proceed only within scope of Contract Act
D. has to proceed only within scope of
162. Bar of non-registration of Firm under section 69 of Partnership
Act, does not a"ect 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,
29
1940
SHARE
S
MCQ-Adda C. under section 3(b) of Civil Procedure Code,
SUBSCRIBE
1908
D. under section 5(b) of General Clauses Act, 1897.
164. Inability of lawyer to attend arbitral sitting due to illness is ground
A. for setting aside the award
B. for adjournment
C. for sending the case to court
D. for reappointment the arbitrator.
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.

Enter your comment...

29
SHARE
S