6. The General Assembly of the United Nations recommended that all countries give due consideration to the UNCITRAL Model Law primarily to promote:

a. Uniformity in arbitral procedures

b. Judicial control over arbitration

c. Government regulation of arbitration

d. Mandatory mediation before arbitration

7. The recommendation of the United Nations General Assembly regarding the UNCITRAL Model Law was made keeping in view:

a. The need for international courts

b. The desirability of uniform arbitral procedure and needs of international commercial arbitration practice

c. The abolition of arbitration

d. Replacement of domestic arbitration laws

8. The UNCITRAL Conciliation Rules referred to in the Preamble were adopted in:

a. 1975

b. 1980

c. 1985

d. 1995

9. The UNCITRAL Conciliation Rules were recommended by the UN General Assembly for use when:

a. Criminal disputes arise

b. Constitutional disputes arise

c. A dispute arises in international commercial relations and parties seek amicable settlement through conciliation

d. Domestic arbitration fails

10. According to the Preamble, the UNCITRAL Model Law and Conciliation Rules contribute significantly to:

a. Establishment of commercial courts

b. Establishment of a unified legal framework for fair and efficient settlement of disputes in international commercial relations

c. Replacement of arbitration with mediation

d. Judicial settlement of all commercial disputes

11. The Arbitration and Conciliation Act, 1996 was enacted by:

a. The President of India

b. The Supreme Court of India

c. Parliament of India

d. The Law Commission of India

12. The Arbitration and Conciliation Act, 1996 was enacted in the:

a. Forty-fifth Year of the Republic of India

b. Forty-sixth Year of the Republic of India

c. Forty-seventh Year of the Republic of India

d. Forty-eighth Year of the Republic of India

13. The Arbitration and Conciliation Act, 1996 bears which Act number?

a. Act No. 9 of 1996

b. Act No. 26 of 1996

c. Act No. 21 of 1996

d. Act No. 32 of 1996

14. The Arbitration and Conciliation Act, 1996 received the assent and was enacted on:

a. 26 January 1996

b. 15 August 1996

c. 16 August 1996

d. 2 October 1996

15. The law enacted under the Arbitration and Conciliation Act, 1996 takes into account:

a. The Civil Procedure Code

b. The UNCITRAL Model Law and Conciliation Rules

c. The Criminal Procedure Code

d. The Indian Contract Act only

16. Section 1 of the Arbitration and Conciliation Act, 1996 deals with:

a. Definitions

b. Short title, extent and commencement

c. Arbitration agreement

d. Appointment of arbitrators

17. According to Section 1(2), the Arbitration and Conciliation Act, 1996 extends to:

a. Whole of India except Union Territories

b. Whole of India except certain notified areas

c. Whole of India

d. Only to the States of India

18. Section 1(3) provides that the Act shall come into force on:

a. The date of its enactment

b. The date of presidential assent

c. Such date as the Central Government may appoint by notification in the Official Gazette

d. Such date as the Supreme Court may declare

19. Section 2 of the Arbitration and Conciliation Act, 1996 primarily deals with:

a. Arbitration agreement

b. Definitions

c. Appointment of arbitrators

d. Enforcement of awards

20. Under Section 2(1)(a), “arbitration” means:

a. Arbitration administered only by permanent arbitral institutions

b. Arbitration conducted only by courts

c. Any arbitration whether or not administered by a permanent arbitral institution

d. Arbitration conducted by government authorities

21. Under Section 2(1)(b), the term “arbitration agreement” refers to an agreement mentioned in:

a. Section 5

b. Section 11

c. Section 8

d. Section 7

22. According to Section 2(1)(c), “arbitral award”:

a. Means only the final award

b. Includes an interim award

c. Excludes interim decisions

d. Means only foreign awards

23. Under Section 2(1)(d), “arbitral tribunal” means:

a. A panel of judges

b. A sole arbitrator or a panel of arbitrators

c. A committee of government officers

d. A civil court

24. In arbitration other than international commercial arbitration, “Court” under Section 2(1)(e) means:

a. Any civil court having jurisdiction

b. Principal Civil Court of original jurisdiction in a district and includes High Court exercising ordinary original civil jurisdiction

c. Only the Supreme Court

d. Any Court of Small Causes

25. Under Section 2(1)(e), the definition of “Court” expressly excludes:

a. High Court exercising original jurisdiction

b. Principal Civil Court of original jurisdiction

c. Civil Court of a grade inferior to such principal Civil Court and Courts of Small Causes

d. District Court

26. In the case of international commercial arbitration, “Court” means:

a. District Court only

b. High Court exercising ordinary original civil jurisdiction or High Court having jurisdiction to hear appeals from subordinate courts

c. Supreme Court

d. Commercial Court only

27. International commercial arbitration under Section 2(1)(f) relates to disputes arising out of:

a. Criminal relationships

b. Legal relationships considered commercial under Indian law

c. Administrative relationships

d. Constitutional relationships

28. For an arbitration to qualify as international commercial arbitration under Section 2(1)(f), at least:

a. One arbitrator must be foreign

b. One party must be foreign as specified

c. The dispute must arise outside India

d. The arbitration must be conducted outside India

29. Under Section 2(1)(f)(i), international commercial arbitration includes cases where one party is:

a. An Indian citizen residing in India

b. An individual who is a national of or habitually resident in a country other than India

c. A government officer of India

d. A local authority

30. Under Section 2(1)(f)(ii), international commercial arbitration includes a party that is:

a. A company incorporated in India

b. A body corporate incorporated in any country other than India

c. A partnership firm registered in India

d. A cooperative society

31. Under Section 2(1)(f)(iii), international commercial arbitration includes:

a. Any Indian association

b. An association or body of individuals whose central management and control is exercised in a country other than India

c. Any partnership firm

d. Any domestic corporation

32. Under Section 2(1)(f)(iv), international commercial arbitration includes a situation where one party is:

a. State Government

b. Municipal authority

c. Government of a foreign country

d. Local authority

33. Under Section 2(1)(g), “legal representative” means:

a. Only a court-appointed guardian

b. A person representing the estate of a deceased person and includes a person intermeddling with the estate

c. Only a family member of the deceased

d. Only an executor appointed by will

34. Under Section 2(1)(g), where a party acts in a representative character, “legal representative” includes:

a. Any advocate

b. The person on whom the estate devolves on the death of the party

c. Only the executor named in a will

d. The arbitrator

35. According to Section 2(1)(h), “party” means:

a. Any witness in arbitration

b. Any arbitrator

c. A party to an arbitration agreement

d. Any person interested in the dispute

36. Which of the following is NOT included in the definition of “Court” under Section 2(1)(e)?

a. Principal Civil Court of original jurisdiction

b. High Court exercising ordinary original civil jurisdiction

c. Civil Court of a grade inferior to such principal Civil Court

d. High Court hearing appeals from subordinate courts in international commercial arbitration

37. Party means a party to an arbitration agreement.

a. 1 only

b. 1 and 2 only

c. 2 and 3 only

d. 1, 2 and 3

38. According to Section 2(2) of the Arbitration and Conciliation Act, 1996, Part I of the Act shall apply where:

a. The arbitration agreement is executed in India

b. The subject matter of dispute arises in India

c. The place of arbitration is in India

d. The arbitrator is appointed in India

39. The proviso to Section 2(2) provides that certain provisions of Part I apply even where the place of arbitration is outside India in cases of:

a. Domestic arbitration

b. International commercial arbitration

c. Statutory arbitration

d. Institutional arbitration

40. Subject to an agreement to the contrary, which of the following provisions apply even when the place of arbitration is outside India in international commercial arbitration?

a. Section 9

b. Section 27

c. Clause (a) of Section 37(1) and Section 37(3)

d. All of the above

41. The application of Sections 9, 27 and certain provisions of Section 37 to foreign-seated international commercial arbitration is:

a. Mandatory and cannot be excluded

b. Subject to agreement to the contrary between the parties

c. Dependent on approval of the Supreme Court

d. Applicable only when tribunal permits

42. According to the proviso to Section 2(2), the arbitral award made or to be made in a place outside India must be:

a. Approved by Indian courts

b. Enforceable and recognised under Part II of the Act

c. Registered before the District Court

d. Reviewed by the High Court

43. Section 2(3) provides that Part I shall not affect:

a. The Civil Procedure Code

b. Any law under which certain disputes may not be submitted to arbitration

c. The Indian Contract Act

d. The Limitation Act

44. Section 2(3) recognises that certain disputes may:

a. Be compulsorily referred to mediation

b. Not be capable of settlement by arbitration under existing law

c. Be settled only through arbitration

d. Be decided only by High Courts

45. According to Section 2(4), Part I shall apply to every arbitration under any other enactment except:

a. Section 40(1)

b. Sections 41 and 43

c. Both A and B

d. Section 34

46. Under Section 2(4), arbitration under another enactment shall be treated:

a. As if pursuant to an arbitration agreement

b. As if conducted under CPC

c. As a mediation proceeding

d. As a statutory tribunal proceeding

47. Under Section 2(4), Part I will not apply where its provisions are:

a. Procedurally inconvenient

b. Inconsistent with the other enactment or rules made thereunder

c. Opposed by either party

d. Declared invalid by government

48. According to Section 2(5), subject to certain provisions, Part I applies to:

a. Only domestic arbitrations

b. Only international arbitrations

c. All arbitrations and proceedings relating thereto

d. Only institutional arbitrations

49. The application of Part I under Section 2(5) is subject to:

a. Orders of arbitral tribunal

b. Any law in force or agreements between India and other countries

c. Only Supreme Court directions

d. Rules of arbitral institutions

50. Section 2(6) provides that where the Act leaves parties free to determine an issue, they may authorise:

a. Only a court

b. Only the arbitrator

c. Any person including an institution

d. Only the government

51. The freedom granted to parties under Section 2(6) does not apply to which provision?

a. Section 17

b. Section 28

c. Section 34

d. Section 37

52. According to Section 2(7), an arbitral award made under Part I shall be considered as:

a. A foreign award

b. A domestic award

c. A provisional award

d. A conditional award

53. Under Section 2(8), where Part I refers to an agreement of the parties, it includes:

a. Government notifications

b. Arbitration rules referred to in that agreement

c. Judicial precedents

d. Administrative directions

54. Section 2(8) clarifies that references to agreement of parties include:

a. Institutional arbitration rules incorporated in the agreement

b. Only written contracts

c. Only oral agreements

d. Government arbitration schemes

55. According to Section 2(9), where this Part refers to a claim, it shall also include:

a. Appeal

b. Counterclaim

c. Revision

d. Review

56. Section 2(9) further provides that a reference to defence includes:

a. Defence to a counterclaim

b. Defence before civil courts only

c. Criminal defence

d. Defence under CPC

57. Section 2(9) does not apply to references to claim under:

a. Clause (a) of Section 25

b. Clause (a) of Section 32(2)

c. Both A and B

d. Section 36

58. Section 3 of the Arbitration and Conciliation Act, 1996 deals with:

a. Arbitration agreement

b. Receipt of written communications

c. Appointment of arbitrators

d. Interim measures by court

59. The provisions regarding receipt of written communications under Section 3 apply:

a. Only when ordered by the arbitral tribunal

b. Unless otherwise agreed by the parties

c. Only in domestic arbitration

d. Only in international commercial arbitration

60. According to Section 3(1)(a), a written communication is deemed to have been received if it is delivered:

a. Only through the arbitral tribunal

b. Personally to the addressee or at his place of business, habitual residence, or mailing address

c. Only through registered post

d. Only through electronic communication

61. Under Section 3(1)(b), if the places mentioned in clause (a) cannot be found after reasonable inquiry, communication may be sent to:

a. The court

b. The arbitral tribunal

c. The addressee's last known place of business, habitual residence or mailing address

d. The government authority

62. According to Section 3(1)(b), written communication may be sent by:

a. Registered letter

b. Any other means which provides a record of the attempt to deliver it

c. Both A and B

d. Oral communication

63. The concept of “reasonable inquiry” under Section 3(1)(b) relates to:

a. Determining the jurisdiction of the tribunal

b. Locating the addresses mentioned in Section 3(1)(a)

c. Determining validity of arbitration agreement

d. Appointment of arbitrators

64. Under Section 3(2), a written communication is deemed to have been received:

a. On the day it is posted

b. On the day it is delivered

c. When the arbitral tribunal acknowledges it

d. When the court records it

65. Section 3(3) provides that this section does not apply to written communications relating to:

a. Arbitration proceedings

b. Conciliation proceedings

c. Proceedings of any judicial authority

d. Institutional arbitration rules

66. Section 4 of the Arbitration and Conciliation Act, 1996 deals with:

a. Jurisdiction of arbitral tribunal

b. Waiver of right to object

c. Arbitration agreement

d. Interim measures

67. Under Section 4, waiver of right to object occurs when a party:

a. Files a petition before the court

b. Knows of non-compliance but proceeds with arbitration without objection

c. Appoints an arbitrator

d. Withdraws from arbitration

68. Section 4 applies where a party knows that any provision of this Part:

a. Cannot be waived by parties

b. From which parties may derogate has not been complied with

c. Is unconstitutional

d. Has been declared void by court

69. Under Section 4(b), waiver may arise when a party knows that:

a. Any requirement under the arbitration agreement has not been complied with

b. The arbitration agreement is invalid

c. The arbitral tribunal lacks jurisdiction

d. The award has been challenged

70. According to Section 4, a party must raise objection to non-compliance:

a. Immediately before tribunal constitution

b. Without undue delay

c. Only before the court

d. Only after the award

71. Where a specific time limit is provided for raising an objection under Section 4, the objection must be raised:

a. At any time before the award

b. Within that specified period of time

c. Only before the High Court

d. Before commencement of arbitration

72. If a party proceeds with arbitration despite knowing non-compliance and does not object in time, the party is deemed to have:

a. Terminated arbitration

b. Accepted jurisdiction of the court

c. Waived the right to object

d. Filed an appeal

73. The principle underlying Section 4 primarily promotes:

a. Judicial intervention

b. Procedural efficiency and waiver by conduct

c. Government supervision of arbitration

d. Mandatory court review

74. Section 4 applies when a party proceeds with arbitration despite knowledge of:

a. Non-compliance with a derogable provision of Part I

b. Non-compliance with a requirement under the arbitration agreement

c. Both A and B

d. Only jurisdictional defects

75. Section 5 of the Arbitration and Conciliation Act, 1996 deals with:

a. Arbitration agreement

b. Extent of judicial intervention

c. Appointment of arbitrators

d. Enforcement of arbitral awards

76. According to Section 5, the rule regarding judicial intervention applies in matters governed by:

a. Part I of the Act

b. Part II of the Act

c. Part III of the Act

d. Entire Act without limitation

77. Section 5 begins with the phrase “Notwithstanding anything contained in any other law for the time being in force.” This indicates:

a. The provision is directory

b. The provision overrides other laws

c. The provision applies only to civil courts

d. The provision applies only to foreign awards

78. Under Section 5, judicial authorities shall intervene in arbitration matters:

a. Whenever requested by a party

b. Only where intervention is expressly provided in Part I

c. In all cases of dispute between parties

d. Whenever the tribunal permits

79. The main objective of Section 5 is to:

a. Increase court supervision over arbitration

b. Minimize judicial interference in arbitration proceedings

c. Allow unlimited appeals in arbitration matters

d. Replace arbitral tribunals with courts

80. Section 5 restricts intervention by:

a. Only the Supreme Court

b. Only the High Courts

c. Any judicial authority

d. Only District Courts

81. Judicial intervention in arbitration proceedings under Part I is permitted:

a. Without limitation

b. Only in exceptional cases decided by courts

c. Only when specifically provided in the Act

d. Only after the arbitral award is made

82. Section 6 of the Arbitration and Conciliation Act, 1996 deals with:

a. Jurisdiction of arbitral tribunal

b. Administrative assistance

c. Arbitration agreement

d. Judicial intervention

83. The purpose of administrative assistance under Section 6 is to:

a. Resolve disputes between parties

b. Facilitate the conduct of arbitral proceedings

c. Review arbitral awards

d. Supervise arbitral tribunals

84. Under Section 6, administrative assistance for arbitral proceedings may be arranged by:

a. Only the arbitral tribunal

b. Only the parties

c. The parties or the arbitral tribunal with the consent of the parties

d. The court

85. Administrative assistance under Section 6 may be provided by:

a. Only a government authority

b. Only a court

c. A suitable institution or person

d. Only an arbitral institution

86. Section 7 of the Arbitration and Conciliation Act, 1996 deals with:

a. Appointment of arbitrators

b. Arbitration agreement

c. Interim measures

d. Enforcement of awards

87. According to Section 7(1), an arbitration agreement means an agreement by the parties to:

a. Refer disputes only to courts

b. Submit disputes to mediation

c. Submit to arbitration all or certain disputes between them

d. Resolve disputes through government authority

88. Under Section 7(1), disputes submitted to arbitration may be:

a. Only future disputes

b. Only past disputes

c. Disputes which have arisen or may arise

d. Only contractual disputes

89. The disputes referred to arbitration under Section 7(1) must arise out of:

a. Any social relationship

b. A defined legal relationship

c. Only statutory obligations

d. Government contracts only

90. According to Section 7(1), the defined legal relationship giving rise to disputes may be:

a. Only contractual

b. Only non-contractual

c. Contractual or non-contractual

d. Only commercial contracts

91. According to Section 7(2), an arbitration agreement may take the form of:

a. Only a separate written agreement

b. Only an arbitration clause in a contract

c. Either an arbitration clause in a contract or a separate agreement

d. Only an oral agreement

92. Section 7(3) provides that an arbitration agreement shall be:

a. Registered

b. In writing

c. Notarised

d. Approved by a court

93. Under Section 7(4)(a), an arbitration agreement is considered to be in writing if it is contained in:

a. A document signed by the parties

b. A government notification

c. A tribunal order

d. An oral undertaking

94. According to Section 7(4)(b), an arbitration agreement may be evidenced through:

a. Exchange of letters

b. Telex or telegrams

c. Other telecommunication including electronic communication

d. All of the above

95. Under Section 7(4)(b), communication through electronic means is valid if it:

a. Is notarised

b. Provides a record of the agreement

c. Is approved by the arbitral tribunal

d. Is filed before the court

96. According to Section 7(4)(c), an arbitration agreement is deemed to exist where:

a. Arbitration clause is signed before a court

b. One party alleges its existence in statements of claim and the other party does not deny it in defence

c. Both parties sign a settlement agreement

d. The tribunal records oral consent

97. Under Section 7(5), reference in a contract to another document containing an arbitration clause constitutes an arbitration agreement if:

a. The contract is in writing

b. The reference makes the arbitration clause part of the contract

c. Both A and B

d. The clause is approved by the court

98. The principle under Section 7(5) is commonly known as:

a. Doctrine of severability

b. Incorporation by reference

c. Kompetenz-Kompetenz

d. Judicial intervention rule

99. Section 8 of the Arbitration and Conciliation Act, 1996 deals with:

a. Arbitration agreement

b. Power of judicial authority to refer parties to arbitration

c. Interim measures

d. Composition of arbitral tribunal

100. Under Section 8(1), a judicial authority shall refer parties to arbitration when:

a. Any dispute arises between the parties

b. An action is brought in a matter which is the subject of an arbitration agreement

c. A court orders arbitration suo motu

d. The arbitral tribunal requests the court

101. Who may apply to the judicial authority for reference to arbitration under Section 8(1)?

a. Only the plaintiff

b. Only the defendant

c. A party to the arbitration agreement or any person claiming through or under him

d. Only the arbitral tribunal

102. The application for reference to arbitration under Section 8(1) must be made:

a. At any stage before the award

b. Before filing the suit

c. Not later than the date of submitting the first statement on the substance of the dispute

d. Before the tribunal is constituted

103. Section 8(1) begins with a non obstante clause overriding:

a. Any provision of the CPC

b. Any judgment, decree or order of the Supreme Court or any Court

c. Government notifications

d. Orders of arbitral institutions

104. A judicial authority shall refer parties to arbitration unless it finds that:

a. Arbitration proceedings are inconvenient

b. The arbitration agreement is voidable

c. Prima facie no valid arbitration agreement exists

d. The tribunal lacks expertise

105. Under Section 8(2), the application for reference to arbitration must be accompanied by:

a. Copy of the plaint

b. Original arbitration agreement or a duly certified copy

c. Tribunal order

d. Court fee receipt

106. If the application under Section 8(2) is not accompanied by the original arbitration agreement or certified copy, the court shall:

a. Automatically reject the application

b. Proceed with trial

c. Not entertain the application

d. Refer the matter to mediation

107. According to the proviso to Section 8(2), if the original arbitration agreement is retained by the other party:

a. The court must dismiss the application

b. The applicant may file a copy and request the court to call upon the other party to produce the original

c. Arbitration cannot proceed

d. The tribunal must obtain the document

108. When the applicant does not possess the original arbitration agreement, he must file:

a. Only a petition before the court

b. Only a photocopy of the agreement

c. A copy of the arbitration agreement along with a petition requesting the court to call for the original

d. An affidavit denying the agreement

109. Under Section 8(3), arbitration proceedings may:

a. Begin only after the court decides the application

b. Not commence until the suit is dismissed

c. Be commenced or continued even if the application under Section 8(1) is pending

d. Begin only after tribunal appointment

110. According to Section 8(3), despite a pending application before the judicial authority:

a. Arbitration must stop

b. Arbitration may continue and an arbitral award may be made

c. Arbitration must restart

d. The tribunal loses jurisdiction

111. The State Amendment inserting Sections 8A and 8B into the Arbitration and Conciliation Act, 1996 applies to:

a. All States of India

b. Union Territory of Delhi

c. Union Territories of Jammu & Kashmir and Ladakh

d. Only Jammu & Kashmir

112. Section 8A empowers the court seized of petitions under which provisions to refer disputes to mediation or conciliation?

a. Sections 7 or 8

b. Sections 9 or 11

c. Sections 34 or 36

d. Sections 16 or 17

113. Under Section 8A(1), the court may refer the parties to mediation or conciliation when:

a. The tribunal recommends it

b. It appears to the court that elements of settlement exist acceptable to the parties

c. Arbitration fails

d. Parties file a joint petition

114. A reference to mediation or conciliation under Section 8A(1) requires:

a. Approval of the High Court

b. Government approval

c. Order of the arbitral tribunal

d. Consent of the parties Answer: D

115. According to Section 8A(1), the court may refer the parties for dispute resolution through:

a. Mediation only

b. Conciliation only

c. Mediation or conciliation

d. Arbitration only

116. Under Section 8A(2)(a), where a dispute is referred to mediation, the procedure applicable will be:

a. Procedure under the Civil Procedure Code

b. Procedure framed under the relevant mediation law

c. Rules of the arbitral tribunal

d. Procedure determined by the court

117. According to Section 8A(2)(b), upon successful resolution through mediation, the mediator shall:

a. Inform the parties only

b. Forward the mediated settlement immediately to the referral court

c. Send it to the arbitral tribunal

d. Send it to the government authority

118. Under Section 8A(2)(c), the referral court must satisfy itself that the mediated settlement is:

a. Signed by lawyers

b. Genuine, lawful and voluntary

c. Approved by the arbitral tribunal

d. Registered under Registration Act

119. The court must ensure that the mediated settlement is not affected by:

a. Arbitration clause

b. Coercion, undue influence, fraud or misrepresentation

c. Lack of tribunal jurisdiction

d. Absence of witnesses

120. Under Section 8A(2)(d), the court shall record:

a. Written arguments of parties

b. Statement on oath of the parties or their authorised representatives affirming the settlement

c. Only the mediator's opinion

d. Tribunal findings

121. If satisfied about the mediated settlement, the court shall:

a. Refer the matter back to arbitration

b. Pass an order in terms of the settlement

c. Send it to the High Court

d. Reject the petition

122. Where the main petition in which reference was made is still pending, the referral court shall:

a. Continue arbitration proceedings

b. Dispose of the petition in terms of the settlement

c. Transfer it to the tribunal

d. Refer it to mediation again

123. If the main petition already stands disposed of, the mediated settlement shall be listed before:

a. Supreme Court

b. Referral court

c. Arbitrator

d. Mediation centre

124. Under Section 8A(2)(h), a mediated settlement shall have the same status and effect as:

a. A civil court decree

b. An arbitral award

c. A mediation agreement only

d. A contractual settlement

125. The mediated settlement under Section 8A(2)(h) shall be enforceable in the manner specified under:

a. Section 34

b. Section 35

c. Section 36

d. Section 37

126. Under Section 8A(3), where a dispute is referred to conciliation, the provisions applicable shall be:

a. Part I of the Act

b. Part II of the Act

c. Part III of the Act

d. Part IV of the Act

127. Section 8A provides that conciliation proceedings shall be treated as if:

a. Initiated by the arbitral tribunal

b. Initiated by the court

c. Initiated by the parties under the relevant provisions of the Act

d. Initiated by the government

128. Section 8B empowers the court to refer disputes to mediation or conciliation during the pendency of proceedings under:

a. Sections 9 or 11

b. Sections 34 or 37

c. Sections 16 or 17

d. Sections 7 or 8

129. Under Section 8B(1), the court may refer disputes to mediation or conciliation when:

a. Arbitration fails

b. It appears that elements of settlement acceptable to the parties exist

c. The tribunal recommends mediation

d. The government directs so

130. The court may refer disputes to mediation or conciliation under Section 8B(1):

a. Without consent of parties

b. Only with consent of parties

c. Only after arbitration award

d. Only upon tribunal request

131. According to Section 8B(1), disputes may be referred by the court to:

a. Arbitration only

b. Mediation or conciliation

c. Negotiation only

d. Lok Adalat

132. Under Section 8B(2)(a), where a dispute is referred to mediation, the applicable procedure shall be:

a. Procedure framed under the relevant Act governing mediation

b. Procedure under CPC

c. Procedure determined by arbitral tribunal

d. Procedure determined by parties

133. According to Section 8B(2)(b), upon successful mediation, the mediator shall:

a. Notify the arbitral tribunal

b. Immediately forward the mediated settlement to the referral court

c. Send it to the High Court

d. Send it to the government authority

134. Under Section 8B(2)(c), the referral court must satisfy itself that the mediated settlement is:

a. Signed by advocates

b. Genuine, lawful and voluntary

c. Approved by arbitral tribunal

d. Registered under Registration Act

135. The referral court must ensure that the mediated settlement is free from:

a. Arbitration clauses

b. Coercion, undue influence, fraud or misrepresentation

c. Judicial review

d. Tribunal interference

136. According to Section 8B(2)(d), the court shall record:

a. Only the mediator’s report

b. Statement on oath of parties or authorised representatives affirming the settlement

c. Written arguments

d. Tribunal findings

137. Under Section 8B(2)(e), if satisfied about the mediated settlement, the court shall:

a. Refer the matter back to arbitration

b. Pass an order in terms of the settlement

c. Send it to the Supreme Court

d. Dismiss the petition

138. If the main petition in which the reference was made is pending, the referral court shall:

a. Continue arbitration

b. Dispose of the petition in terms of the settlement

c. Refer the matter to mediation again

d. Send it to the tribunal

139. If the main petition already stands disposed of, the mediated settlement shall be listed before:

a. Arbitrator

b. Referral court

c. Supreme Court

d. Government authority

140. According to Section 8B(2)(h), a mediated settlement shall have the status of:

a. A civil court decree

b. A modified arbitral award

c. A mediation agreement

d. A conciliation award

141. A mediated settlement under Section 8B(2)(h) may be enforced under:

a. Section 34

b. Section 35

c. Section 36

d. Section 37

142. According to Section 8B(3), where disputes are referred to conciliation, the provisions applicable shall be:

a. Part I of the Act

b. Part II of the Act

c. Part III of the Act

d. Part IV of the Act

143. Section 8B provides that conciliation proceedings shall be treated as if:

a. Initiated by the court

b. Initiated by the arbitral tribunal

c. Initiated by the parties under relevant provisions of the Act

d. Initiated by the government

144. Section 8B was inserted through the:

a. Arbitration and Conciliation (Amendment) Act

b. Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020

c. Civil Procedure Code Amendment

d. Supreme Court Rules

145. Section 9 of the Arbitration and Conciliation Act, 1996 deals with:

a. Arbitration agreement

b. Interim measures by Court

c. Appointment of arbitrators

d. Jurisdiction of arbitral tribunal

146. Under Section 9(1), a party may apply to a court for interim measures:

a. Only before arbitration begins

b. Only during arbitral proceedings

c. Before, during, or after the arbitral award but before its enforcement

d. Only after the award is enforced

147. Under Section 9(1)(i), the court may appoint a guardian for:

a. Any party to arbitration

b. A minor or person of unsound mind for the purposes of arbitral proceedings

c. Only minors involved in commercial disputes

d. Only persons declared legally incompetent

148. Section 9(1)(ii) empowers the court to grant:

a. Final relief in arbitration

b. Interim measures of protection

c. Only monetary relief

d. Only injunctions

149. Under Section 9(1)(ii)(a), the court may order:

a. Termination of arbitration agreement

b. Preservation, interim custody or sale of goods which are subject-matter of arbitration

c. Appointment of arbitrator

d. Enforcement of arbitral award

150. According to Section 9(1)(ii)(b), the court may grant an order for:

a. Cancellation of contract

b. Securing the amount in dispute in arbitration

c. Enforcement of settlement

d. Termination of arbitration

151. Under Section 9(1)(ii)(c), the court may order detention, preservation or inspection of:

a. Evidence only

b. Property or thing which is subject matter of dispute in arbitration

c. Only immovable property

d. Only documents

152. Section 9(1)(ii)(c) authorises the court to permit:

a. Entry upon land or building in possession of a party

b. Taking of samples

c. Conducting observations or experiments for evidence

d. All of the above

153. Under Section 9(1)(ii)(d), the court may grant:

a. Interim injunction or appointment of receiver

b. Only damages

c. Only specific performance

d. Only rescission of contract

Download Arbitration Act MCQs PDF

Arbitration And Conciliation Act, 1996 MCQs SET-1

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