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The Arbitration and Conciliation Act, 1996 (India) MCQ No. 1 to 25, MCQ for Arbitration and Conciliation Act for CPD Exam.
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. The present Arbitration
and Conciliation Act of 1996 is based on:
(a)
Constitution of India
(b)
Guidelines of Supreme Court of India
(c)
European Commercial Arbitration Procedure
(d)
UNCITRAL, 1985.
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.
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 I of the Arbitration and Conciliation Act, 1996, shall be considered
as a
(a)
domestic award
Conciliation
Act, 1996
(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).
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 (Mia) Ltd., AIR 1997 SC 605
(b)
Sundaram Finace Ltd. v. N.E.P.C. India Ltd., AIR 1999 SC 565.
(c)
Olympus Super Structures Pvt. Ltd. v. Meena Vijay Khetan, AIR 1999 SC 2102.
(d)
Orma Impex Pvt. Ltd. v. Nissari 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. Nissari 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.
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.
16. A sum directed to be
paid by an arbitral award shall carry interest
(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
(a)
an arbitral award can be inferred with if it is contrary to the 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 aribtration 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 transaction choose to incorporate
arbitration clause as a part of agreement to refer their future 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' differences 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.
Answers are not given
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