Arbitration And Conciliation Act, 1996 MCQs SET-2

Arbitration And Conciliation Act, 1996 MCQs SET-2

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There are 8 Sets of MCQs available for Arbitration And Conciliation Act, 1996, you are advised to explore all the sets : 

Arbitration Act MCQs Set -1

Arbitration Act MCQs Set -2

Arbitration Act MCQs Set -3

Arbitration Act MCQs Set -4

Arbitration Act MCQs Set -5

Arbitration Act MCQs Set -6

Arbitration Act MCQs Set -7

Arbitration Act MCQs Set -8

 

1. According to Section 9(1)(ii)(e), the court may grant:

a. Only injunctions

b. Any interim measure of protection which appears just and convenient

c. Only monetary relief

d. Only procedural orders

 

2. Section 9 provides that the court shall have:

a. Limited powers compared to civil proceedings

b. The same powers as it has for making orders in proceedings before it

c. Only advisory powers

d. Powers only after tribunal approval

 

3. Under Section 9(2), if the court grants interim protection before commencement of arbitration:

a. Arbitration must begin immediately

b. Arbitration must commence within 90 days or such further time as the court may determine

c. Arbitration must commence within 30 days

d. Arbitration is optional

 

4. The 90-day period mentioned in Section 9(2) is calculated from:

a. Date of arbitration agreement

b. Date of filing petition

c. Date of court order granting interim measure

d. Date of tribunal constitution

 

5. According to Section 9(3), once the arbitral tribunal is constituted:

a. Court cannot grant interim measures at all

b. Court shall not entertain Section 9 application unless remedy under Section 17 is inefficacious

c. Court must transfer all applications to tribunal

d. Court retains full jurisdiction

 

6. Section 9(3) aims to promote:

a. Judicial intervention

b. Tribunal autonomy in granting interim measures under Section 17

c. Court control over arbitration

d. Government supervision

 

7. Which provision provides interim measures by the arbitral tribunal?

a. Section 16

b. Section 17

c. Section 34

d. Section 36

 

8. Section 9 applications are maintainable after the arbitral award:

a. Until the award is enforced under Section 36

b. Only until tribunal proceedings end

c. Only within 30 days

d. Only with court permission

 

9. Section 10 of the Arbitration and Conciliation Act, 1996 deals with:

a. Appointment of arbitrators

b. Number of arbitrators

c. Powers of arbitral tribunal

d. Interim measures

 

10. According to Section 10(1), the parties to an arbitration agreement are:

a. Bound to appoint a sole arbitrator

b. Free to determine the number of arbitrators

c. Required to appoint three arbitrators

d. Required to appoint two arbitrators

 

11. The freedom of parties to determine the number of arbitrators under Section 10(1) is subject to the condition that:

a. The number shall not exceed three

b. The number shall not be an even number

c. The number shall not be less than two

d. The number shall always be one

 

12. According to Section 10(2), if the parties fail to determine the number of arbitrators:

a. The tribunal shall consist of three arbitrators

b. The tribunal shall consist of five arbitrators

c. The tribunal shall consist of a sole arbitrator

d. The court shall appoint arbitrators

 

13. Section 11 of the Arbitration and Conciliation Act, 1996 deals with:

a. Number of arbitrators

b. Appointment of arbitrators

c. Jurisdiction of arbitral tribunal

d. Interim measures

 

14. According to Section 11(1), a person of which nationality may be appointed as an arbitrator?

a. Only Indian nationals

b. Only foreign nationals

c. A person of any nationality unless otherwise agreed by the parties

d. Only nationals of contracting states

 

15. The rule allowing a person of any nationality to act as arbitrator under Section 11(1) is subject to:

a. Approval of the arbitral tribunal

b. Agreement of the parties

c. Approval of the Supreme Court

d. Government notification

 

16. Under Section 11(2), the parties are free to agree on:

a. The place of arbitration

b. The number of arbitrators

c. A procedure for appointing the arbitrator or arbitrators

d. The court having jurisdiction

 

17. The freedom of parties to agree on the appointment procedure under Section 11(2) is subject to:

a. Section 5

b. Section 7

c. Section 6

d. Section 11(6)

 

18. According to Section 11(3), in an arbitration with three arbitrators:

a. The court appoints all three arbitrators

b. Each party appoints one arbitrator

c. Government appoints arbitrators

d. Tribunal appoints its members

 

19. Under Section 11(3), the third arbitrator is appointed by:

a. The court

b. Both parties jointly

c. The two appointed arbitrators

d. The government

 

20. The third arbitrator appointed under Section 11(3) shall act as:

a. Chief arbitrator

b. Sole arbitrator

c. Presiding arbitrator

d. Supervisory arbitrator

 

21. Under Section 11(4)(a), if a party fails to appoint an arbitrator within what period from receipt of request?

a. 15 days

b. 30 days

c. 45 days

d. 60 days

 

22. Under Section 11(4)(b), if two appointed arbitrators fail to agree on the third arbitrator within:

a. 15 days

b. 30 days

c. 45 days

d. 60 days

 

23. If a party fails to appoint an arbitrator within 30 days, the appointment shall be made by:

a. The arbitral tribunal

b. The government

c. The Supreme Court or the High Court or a person/institution designated by such court

d. The parties jointly

 

24. Under Section 11(5), where a sole arbitrator is required and parties fail to agree within 30 days, the appointment shall be made by:

a. The arbitral tribunal

b. The Supreme Court or High Court or a designated person/institution

c. The government

d. The presiding arbitrator

 

25. The 30-day period under Section 11(5) begins from:

a. Date of arbitration agreement

b. Date of filing suit

c. Receipt of request by one party from the other to agree on arbitrator

d. Date of tribunal constitution

 

26. Under Section 11(6), a party may request the court to take necessary measures when:

a. A party fails to act as required under agreed procedure

b. Parties or arbitrators fail to reach agreement

c. A person or institution fails to perform a function under the procedure

d. All of the above

 

27. According to Section 11(6), the court may intervene unless:

a. Arbitration agreement is invalid

b. The agreed procedure provides other means for securing the appointment

c. Parties object to arbitration

d. Tribunal has already given award

 

28. Under Section 11, the authority empowered to appoint arbitrators upon request may be:

a. Supreme Court

b. High Court

c. Person or institution designated by such court

d. All of the above

 

29. Courts may intervene in appointment when agreed procedure fails.

a. 1 and 2 only

b. 2 and 3 only

c. 1 and 3 only

d. 1, 2 and 3

 

30. According to Section 11(6A), while considering an application under Section 11(4), (5) or (6), the Court shall confine itself to examining:

a. Validity of arbitral proceedings

b. Merits of the dispute

c. Existence of an arbitration agreement

d. Jurisdiction of the arbitral tribunal

 

31. Section 11(6A) begins with a non obstante clause overriding:

a. Arbitration rules

b. Any judgment, decree or order of any Court

c. Government notifications

d. Institutional arbitration rules

 

32. Under Section 11(6B), the designation of any person or institution by the Supreme Court or High Court shall not be regarded as:

a. Appointment of arbitrator

b. Delegation of judicial power

c. Delegation of administrative power

d. Appointment of tribunal

 

33. According to Section 11(7), the decision of the Supreme Court, High Court or designated person/institution regarding appointment of arbitrator:

a. May be appealed before the Supreme Court

b. May be challenged before High Court

c. Is final and no appeal including Letters Patent Appeal lies

d. Is subject to review by tribunal

 

34. Under Section 11(8), before appointing an arbitrator, the Court shall seek:

a. Consent of government

b. Disclosure in writing from the prospective arbitrator under Section 12(1)

c. Approval from arbitral institution

d. Consent of arbitral tribunal

 

35. While appointing an arbitrator under Section 11(8), the Court must consider:

a. Qualifications required by the agreement of the parties

b. Disclosure ensuring independence and impartiality

c. Both A and B

d. Only nationality of arbitrator

 

36. According to Section 11(9), in international commercial arbitration, the Supreme Court may appoint a sole or third arbitrator of:

a. Same nationality as parties

b. Nationality other than the nationalities of the parties

c. Only Indian nationality

d. Only nationality agreed by government

 

37. Section 11(10) empowers the Supreme Court or High Court to:

a. Determine arbitration agreement validity

b. Frame a scheme for dealing with matters under Section 11(4), (5) and (6)

c. Appoint arbitral tribunal in every case

d. Fix arbitral awards

 

38. According to Section 11(11), where requests are made to different High Courts, the competent court shall be:

a. The Supreme Court

b. The High Court where arbitration agreement was signed

c. The High Court to which the request was first made

d. Any High Court chosen by parties

 

39. Under Section 11(12)(a), in international commercial arbitration, references to “Supreme Court or High Court” shall be construed as:

a. High Court only

b. Supreme Court only

c. District Court

d. Arbitral tribunal

 

40. Under Section 11(12)(b), in other arbitrations, the reference to Court means:

a. Supreme Court

b. High Court within whose local limits the principal civil court referred in Section 2(1)(e) is situated

c. District Court

d. Commercial Court

 

41. According to Section 11(13), applications for appointment of arbitrators should be disposed of:

a. Within 30 days

b. Within 45 days

c. Within 60 days from date of service of notice on opposite party

d. Within 90 days

 

42. Section 11(13) requires the Supreme Court or High Court to dispose of appointment applications:

a. Immediately

b. As expeditiously as possible

c. Only after tribunal consultation

d. Only after government approval

 

43. Under Section 11(14), the High Court may frame rules regarding:

a. Jurisdiction of arbitral tribunal

b. Fees of arbitral tribunal and manner of payment

c. Enforcement of awards

d. Appointment of arbitrators

 

44. While framing rules regarding arbitral tribunal fees under Section 11(14), the High Court shall consider:

a. Second Schedule

b. Third Schedule

c. Fourth Schedule

d. Fifth Schedule

 

45. According to the explanation to Section 11(14), rules regarding fees shall not apply to:

a. Domestic arbitration

b. International commercial arbitration

c. Arbitration under CPC

d. Arbitration before tribunal

 

46. Section 11(14) rules regarding tribunal fees shall also not apply where:

a. Parties agree to institutional arbitration fee rules

b. Arbitration is international

c. Tribunal determines its own fees

d. Both (A and B)

 

47. Section 11A of the Arbitration and Conciliation Act, 1996 deals with:

a. Appointment of arbitrators

b. Power of Central Government to amend Fourth Schedule

c. Fees of arbitral tribunal

d. Disclosure by arbitrator

 

48. Under Section 11A(1), the authority empowered to amend the Fourth Schedule is:

a. Supreme Court

b. High Court

c. Central Government

d. Arbitral tribunal

 

49. The Central Government may amend the Fourth Schedule when it is satisfied that:

a. Parliament directs it

b. It is necessary or expedient to do so

c. Supreme Court orders it

d. Arbitral tribunal recommends it

 

50. The amendment to the Fourth Schedule under Section 11A(1) shall be made by:

a. Ordinance

b. Government circular

c. Notification in the Official Gazette

d. Parliamentary resolution

 

51. Once the Central Government issues a notification amending the Fourth Schedule, the Schedule shall be:

a. Deemed to have been amended accordingly

b. Amended only after court approval

c. Amended only after tribunal approval

d. Amended only after presidential assent

 

52. Under Section 11A(2), every notification proposed to amend the Fourth Schedule must be laid before:

a. Supreme Court

b. High Courts

c. Each House of Parliament

d. Arbitral tribunal

 

53. The draft notification under Section 11A(2) must be laid before Parliament for a total period of:

a. 15 days

b. 30 days

c. 45 days

d. 60 days

 

54. The 30-day period for laying the notification before Parliament may be comprised in:

a. Only one session

b. Two sessions only

c. One session or two or more successive sessions

d. Only special session

 

55. If both Houses of Parliament agree in disapproving the notification before the expiry of the relevant session:

a. The notification shall be issued immediately

b. The notification shall not be issued

c. The notification shall automatically become law

d. The Supreme Court shall decide its validity

 

56. If both Houses of Parliament agree in making modifications to the notification:

a. Notification shall be issued as originally proposed

b. Notification shall be issued only in the modified form agreed by both Houses

c. Notification becomes invalid

d. Notification must be withdrawn permanently

 

57. Section 11A establishes which type of parliamentary control over delegated legislation?

a. Judicial control

b. Legislative control through laying procedure

c. Administrative control

d. Tribunal control

 

58. Section 12 of the Arbitration and Conciliation Act, 1996 deals with:

a. Appointment of arbitrators

b. Grounds for challenge of arbitrators

c. Jurisdiction of arbitral tribunal

d. Interim measures

 

59. Under Section 12(1), when a person is approached for possible appointment as an arbitrator, he shall:

a. Take oath before court

b. Disclose in writing any circumstances affecting independence or impartiality

c. Seek approval of parties

d. Seek permission of court

 

60. According to Section 12(1)(a), the arbitrator must disclose any:

a. Past or present relationship with the parties

b. Interest in the subject matter of dispute

c. Financial, business or professional relationship

d. All of the above

 

61. The purpose of disclosure under Section 12(1)(a) is to determine whether:

a. Arbitration is valid

b. Justifiable doubts exist as to independence or impartiality of arbitrator

c. Court has jurisdiction

d. Arbitration agreement exists

 

62. Under Section 12(1)(b), an arbitrator must disclose circumstances that may affect:

a. His jurisdiction

b. His ability to devote sufficient time to arbitration

c. His authority to issue awards

d. His nationality

 

63. Section 12(1)(b) specifically requires disclosure regarding ability to complete arbitration within:

a. Six months

b. Nine months

c. Twelve months

d. Eighteen months

 

64. According to Explanation 1 to Section 12(1), the determination of justifiable doubts regarding independence or impartiality shall be guided by:

a. Fourth Schedule

b. Fifth Schedule

c. Sixth Schedule

d. Seventh Schedule

 

65. Under Explanation 2 to Section 12(1), disclosure by the arbitrator must be made in the form specified in:

a. Fourth Schedule

b. Fifth Schedule

c. Sixth Schedule

d. Seventh Schedule

 

66. According to Section 12(2), an arbitrator shall disclose circumstances affecting independence or impartiality:

a. Only before appointment

b. Only after arbitration begins

c. From the time of appointment and throughout the arbitral proceedings

d. Only before award

 

67. The disclosure under Section 12(2) must be made:

a. Without delay

b. Only after request by parties

c. Only before tribunal constitution

d. Only before court

 

68. Under Section 12(3), an arbitrator may be challenged if:

a. Circumstances exist giving rise to justifiable doubts about independence or impartiality

b. Arbitrator lacks agreed qualifications

c. Both A and B

d. Arbitration agreement is invalid

 

69. According to Section 12(3)(b), an arbitrator may be challenged if:

a. He is not an Indian citizen

b. He does not possess qualifications agreed by parties

c. He has issued previous awards

d. Tribunal has jurisdiction

 

70. Under Section 12(4), a party may challenge an arbitrator appointed by him:

a. At any stage

b. Only with court permission

c. Only for reasons of which he becomes aware after appointment

d. Only before tribunal constitution

 

71. Section 12(5) provides that a person shall be ineligible to be appointed as arbitrator if:

a. He is over 65 years of age

b. His relationship falls under categories specified in Seventh Schedule

c. He has acted as arbitrator before

d. He belongs to another nationality

 

72. Section 12(5) overrides:

a. Judicial precedents

b. Any prior agreement between the parties

c. Arbitration rules

d. Institutional procedures

 

73. According to the proviso to Section 12(5), parties may waive the ineligibility of an arbitrator:

a. Before dispute arises

b. Only after arbitral award

c. After disputes arise through express written agreement

d. Through oral agreement

 

74. Section 13 of the Arbitration and Conciliation Act, 1996 deals with:

a. Grounds for challenge of arbitrator

b. Challenge procedure for arbitrator

c. Termination of mandate of arbitrator

d. Appointment of arbitrator

 

75. According to Section 13(1), the parties are free to:

a. Terminate arbitration proceedings

b. Agree on a procedure for challenging an arbitrator

c. Appoint a judge as arbitrator

d. Challenge arbitral award

 

76. The freedom of parties to agree on a challenge procedure under Section 13(1) is subject to:

a. Section 12

b. Section 13(4)

c. Section 14

d. Section 16

 

77. Under Section 13(2), if there is no agreed procedure, the challenge to an arbitrator must be made within:

a. 7 days

b. 10 days

c. 15 days

d. 30 days

 

78. The 15-day period under Section 13(2) begins from:

a. Appointment of arbitrator

b. Constitution of arbitral tribunal or awareness of circumstances under Section 12(3)

c. Filing of statement of claim

d. Date of arbitration agreement

 

79. Under Section 13(2), the party challenging the arbitrator must send:

a. An oral complaint to tribunal

b. A written statement of reasons for the challenge

c. An affidavit before the court

d. A notice to government

 

80. The written statement challenging the arbitrator must be sent to:

a. The court

b. The arbitral tribunal

c. The government authority

d. The High Court

 

81. According to Section 13(3), if the challenged arbitrator does not withdraw and the other party does not agree to the challenge:

a. The court decides the challenge

b. The arbitral tribunal decides the challenge

c. The Supreme Court decides the challenge

d. Arbitration proceedings terminate

 

82. Under Section 13(3), the challenge procedure may end if:

a. The arbitrator withdraws from office

b. The other party agrees to the challenge

c. Both A and B

d. Tribunal rejects the claim

 

83. If the challenge to an arbitrator is unsuccessful under Section 13(4):

a. Arbitration must stop

b. Tribunal must resign

c. Arbitral tribunal shall continue proceedings and make an award

d. Court takes over proceedings

 

84. According to Section 13(5), when the arbitral tribunal proceeds and makes an award after rejecting the challenge, the challenging party may:

a. Appeal immediately

b. File an application to set aside the award under Section 34

c. Approach Supreme Court directly

d. Challenge the arbitration agreement

 

85. Under Section 13(6), if the court sets aside the arbitral award due to the challenge:

a. The tribunal is dissolved

b. Court decides whether the challenged arbitrator is entitled to any fees

c. The arbitration agreement becomes void

d. Arbitration must restart

 

86. Section 14 of the Arbitration and Conciliation Act, 1996 deals with:

a. Challenge procedure

b. Failure or impossibility of arbitrator to act

c. Appointment of arbitrator

d. Enforcement of arbitral award

 

87. According to Section 14(1), the mandate of an arbitrator shall terminate if:

a. He resigns voluntarily

b. He becomes de jure or de facto unable to perform his functions

c. Tribunal issues final award

d. Arbitration agreement expires

 

88. The phrase “de jure inability” under Section 14 refers to:

a. Physical inability

b. Legal inability to perform functions

c. Financial inability

d. Administrative inability

 

89. The phrase “de facto inability” under Section 14 refers to:

a. Inability due to factual circumstances preventing performance

b. Legal prohibition

c. Contractual restriction

d. Judicial order

 

90. Under Section 14(1)(a), the mandate of an arbitrator may terminate if he:

a. Delays proceedings without undue delay

b. Fails to act without undue delay

c. Issues interim orders

d. Seeks adjournment

 

91. According to Section 14(1)(b), termination of mandate may occur if:

a. Arbitrator withdraws from office

b. Parties agree to termination of his mandate

c. Both A and B

d. Tribunal recommends termination

 

92. When the mandate of an arbitrator terminates under Section 14(1):

a. Arbitration ends

b. Another arbitrator shall be substituted

c. Court decides the dispute

d. Tribunal dissolves

 

93. Under Section 14(2), if a controversy arises regarding the grounds of inability under Section 14(1)(a):

a. Tribunal decides the issue

b. Court may decide the termination of mandate

c. Government decides the matter

d. Arbitration automatically terminates

 

94. The right to approach the Court under Section 14(2) exists:

a. Only if tribunal agrees

b. Unless otherwise agreed by the parties

c. Only after award

d. Only with Supreme Court permission

 

95. According to Section 14(3), if an arbitrator withdraws from office:

a. It automatically proves misconduct

b. It implies acceptance of the grounds of challenge

c. It does not imply acceptance of validity of grounds

d. Arbitration agreement becomes void

 

96. Section 14(3) also clarifies that if a party agrees to termination of mandate:

a. It confirms arbitrator misconduct

b. It implies acceptance of grounds

c. It does not imply acceptance of validity of grounds under Section 12(3)

d. Arbitration automatically terminates

 

97. Section 15 of the Arbitration and Conciliation Act, 1996 deals with:

a. Appointment of arbitrators

b. Termination of mandate and substitution of arbitrator

c. Jurisdiction of arbitral tribunal

d. Interim measures

 

98. According to Section 15(1), the mandate of an arbitrator shall terminate in addition to the circumstances referred to in:

a. Section 11 and Section 12

b. Section 12 and Section 13

c. Section 13 and Section 14

d. Section 14 and Section 16

 

99. Under Section 15(1)(a), the mandate of an arbitrator shall terminate where:

a. He withdraws from office for any reason

b. The tribunal dissolves

c. Arbitration agreement expires

d. Court issues direction

 

100. According to Section 15(1)(b), the mandate of an arbitrator shall terminate:

a. By order of tribunal

b. By or pursuant to agreement of the parties

c. By government notification

d. By court direction only

 

101. Under Section 15(2), when the mandate of an arbitrator terminates:

a. Arbitration proceedings terminate

b. A substitute arbitrator shall be appointed

c. Court shall decide dispute

d. Tribunal shall dissolve

 

102. The substitute arbitrator under Section 15(2) shall be appointed according to:

a. Court procedure

b. Rules applicable to appointment of the arbitrator being replaced

c. Government rules

d. Tribunal decision

 

103. According to Section 15(3), where an arbitrator is replaced:

a. Previous hearings must always be repeated

b. Previous hearings shall never be repeated

c. Hearings previously held may be repeated at the discretion of the arbitral tribunal

d. Court must conduct hearings again

 

104. The discretion to repeat previous hearings under Section 15(3) lies with:

a. The court

b. The arbitral tribunal

c. The government

d. The Supreme Court

 

105. According to Section 15(4), an order or ruling made before replacement of an arbitrator:

a. Automatically becomes invalid

b. Remains valid unless parties agree otherwise

c. Must be reviewed by the court

d. Must be repeated

 

106. Section 15(4) clarifies that an order shall not become invalid solely because:

a. Arbitration agreement changed

b. Parties objected

c. Composition of arbitral tribunal changed

d. Tribunal issued interim order

 

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

a. Appointment of arbitrators

b. Jurisdiction of arbitral tribunal

c. Competence of arbitral tribunal to rule on its jurisdiction

d. Interim measures

 

108. Under Section 16(1), the arbitral tribunal may:

a. Refer disputes to courts

b. Rule on its own jurisdiction

c. Amend the arbitration agreement

d. Terminate arbitration proceedings

 

109. The arbitral tribunal may rule on objections regarding:

a. Validity of arbitral award

b. Existence or validity of the arbitration agreement

c. Validity of court proceedings

d. Validity of government notifications

 

110. Under Section 16(1)(a), an arbitration clause forming part of a contract shall be treated as:

a. Dependent on the contract

b. Independent agreement

c. Void agreement

d. Temporary clause

 

111. The principle that the arbitration clause is independent of the main contract is known as:

a. Doctrine of kompetenz-kompetenz

b. Doctrine of separability

c. Doctrine of waiver

d. Doctrine of estoppel

 

112. Under Section 16(1)(b), if the arbitral tribunal declares the contract null and void:

a. The arbitration clause automatically becomes invalid

b. The arbitration clause remains valid

c. The dispute must go to court

d. Arbitration automatically terminates

 

113. A plea that the arbitral tribunal has no jurisdiction must be raised:

a. Before appointment of arbitrator

b. Not later than submission of statement of defence

c. Before filing claim

d. After arbitral award

 

114. A party may raise jurisdictional plea even if he:

a. Has filed a claim

b. Has appointed or participated in appointment of arbitrator

c. Has attended hearings

d. All of the above

 

115. A plea that the arbitral tribunal is exceeding the scope of its authority must be raised:

a. Before arbitration begins

b. As soon as the issue arises during proceedings

c. After award is passed

d. Only before court

 

116. The arbitral tribunal may admit a delayed plea regarding jurisdiction if:

a. Court permits

b. Parties agree

c. It considers the delay justified

d. Government directs

 

117. The arbitral tribunal shall decide pleas raised under:

a. Sub-sections (2) and (3)

b. Only sub-section (1)

c. Only sub-section (4)

d. Only sub-section (6)

 

118. If the arbitral tribunal rejects the plea regarding jurisdiction, it shall:

a. Terminate proceedings

b. Refer dispute to court

c. Continue arbitral proceedings and make an award

d. Reconstitute tribunal

 

119. A party aggrieved by the arbitral award rejecting the plea may:

a. Appeal under Section 37

b. File application under Section 34

c. File civil suit

d. File criminal complaint

 

120. The application challenging such arbitral award must be filed under:

a. Section 9

b. Section 11

c. Section 34

d. Section 36

 

121. Section 17 of the Arbitration and Conciliation Act, 1996 deals with:

a. Interim measures by court

b. Interim measures by arbitral tribunal

c. Appointment of arbitrators

d. Termination of arbitral proceedings

 

122. Under Section 17(1), a party may apply for interim measures:

a. Before arbitration begins

b. During arbitral proceedings

c. After arbitral award is enforced

d. Only before the court

 

123. According to Section 17(1)(i), the arbitral tribunal may appoint a guardian for:

a. Any party to arbitration

b. Minor or person of unsound mind for purposes of arbitral proceedings

c. Witnesses in arbitration

d. Advocates representing parties

 

124. Section 17(1)(ii) empowers the arbitral tribunal to grant:

a. Final relief

b. Interim measures of protection

c. Only injunctions

d. Only monetary relief

 

125. Under Section 17(1)(ii)(a), the arbitral tribunal may order:

a. Termination of arbitration agreement

b. Preservation, interim custody or sale of goods subject to arbitration

c. Appointment of arbitrator

d. Enforcement of arbitral award

 

126. According to Section 17(1)(ii)(b), the arbitral tribunal may order:

a. Specific performance of contract

b. Securing the amount in dispute in arbitration

c. Setting aside award

d. Dissolution of tribunal

 

127. Under Section 17(1)(ii)(c), the arbitral tribunal may order detention, preservation or inspection of:

a. Documents only

b. Property or thing which is subject matter of dispute

c. Only immovable property

d. Only financial assets

 

128. Section 17(1)(ii)(c) authorises the tribunal to allow:

a. Entry upon land or building

b. Taking samples

c. Conducting observations or experiments

d. All of the above

 

129. Under Section 17(1)(ii)(d), the arbitral tribunal may grant:

a. Interim injunction

b. Appointment of receiver

c. Both A and B

d. Only damages

 

130. According to Section 17(1)(ii)(e), the arbitral tribunal may grant:

a. Only injunctions

b. Only monetary relief

c. Any interim measure of protection that appears just and convenient

d. Only procedural orders

 

131. Section 17 provides that the arbitral tribunal shall have:

a. Lesser powers than court

b. Same powers as court for making orders in relation to proceedings before it

c. Only advisory powers

d. Powers subject to court approval

 

132. Under Section 17(2), orders issued by the arbitral tribunal shall be deemed to be:

a. Administrative orders

b. Orders of arbitral institution

c. Orders of the Court

d. Government orders

 

133. Orders issued by the arbitral tribunal under Section 17(2) are enforceable:

a. Under Arbitration Rules

b. Under Code of Civil Procedure, 1908

c. Under Contract Act

d. Under Supreme Court Rules

 

134. Section 17(2) provides that enforcement of tribunal orders shall be:

a. Only through High Court

b. Same as enforcement of court orders

c. Only through arbitral institution

d. Only through government authority

 

135. Section 17(2) states that tribunal orders are subject to:

a. Appeal under Section 34

b. Appeal under Section 37

c. Review under Section 16

d. Appeal under Section 36

 

136. Section 18 of the Arbitration and Conciliation Act, 1996 deals with:

a. Jurisdiction of arbitral tribunal

b. Equal treatment of parties

c. Interim measures

d. Arbitration agreement

 

137. According to Section 18, the parties in arbitral proceedings shall be treated with:

a. Preference to claimant

b. Preference to respondent

c. Equality

d. Judicial supervision

 

138. Section 18 requires that each party shall be given:

a. Limited opportunity to present its case

b. Full opportunity to present its case

c. Opportunity only before tribunal

d. Opportunity only before court

 

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

a. Jurisdiction of arbitral tribunal

b. Determination of rules of procedure

c. Appointment of arbitrators

d. Interim measures

 

140. According to Section 19(1), the arbitral tribunal shall not be bound by:

a. Criminal Procedure Code

b. Code of Civil Procedure, 1908 and Indian Evidence Act, 1872

c. Constitution of India

d. Contract Act

 

141. The provision that the arbitral tribunal is not bound by CPC and the Evidence Act reflects:

a. Judicial supremacy

b. Flexibility in arbitration procedure

c. Mandatory court supervision

d. Government control

 

142. Under Section 19(2), the parties are free to agree on:

a. Appointment of judges

b. Procedure to be followed by the arbitral tribunal

c. Enforcement of awards

d. Jurisdiction of courts

 

143. The freedom of parties to determine procedure under Section 19(2) is:

a. Absolute

b. Subject to provisions of Part I of the Act

c. Subject to government approval

d. Subject to CPC

 

144. According to Section 19(3), if parties fail to agree on a procedure:

a. Court will determine procedure

b. Government will determine procedure

c. Arbitral tribunal may conduct proceedings in the manner it considers appropriate

d. Arbitration proceedings terminate

 

145. The discretion of the arbitral tribunal to determine procedure under Section 19(3) is:

a. Subject to provisions of Part I of the Act

b. Subject to CPC

c. Subject to Evidence Act

d. Subject to High Court rules

 

146. Under Section 19(4), the arbitral tribunal has the power to determine:

a. Admissibility of evidence

b. Relevance of evidence

c. Materiality and weight of evidence

d. All of the above

 

147. The determination of admissibility and relevance of evidence under Section 19(4) is made by:

a. Court

b. Arbitral tribunal

c. Government authority

d. Arbitration council

 

148. Section 19 emphasises which fundamental feature of arbitration?

a. Strict judicial procedure

b. Procedural flexibility and party autonomy

c. Government supervision

d. Mandatory CPC application

 

149. Section 20 of the Arbitration and Conciliation Act, 1996 deals with:

a. Jurisdiction of arbitral tribunal

b. Place of arbitration

c. Arbitration agreement

d. Interim measures

 

150. According to Section 20(1), the parties are free to:

a. Decide jurisdiction of court

b. Agree on the place of arbitration

c. Decide the arbitrator's nationality

d. Decide the arbitral award

 

151. The principle reflected in Section 20(1) regarding determination of place of arbitration is:

a. Judicial control

b. Party autonomy

c. Tribunal supremacy

d. Government regulation

 

152. Under Section 20(2), if the parties fail to agree on the place of arbitration:

a. Court determines the place

b. Government determines the place

c. Arbitral tribunal determines the place

d. Arbitrator withdraws

 

153. While determining the place of arbitration under Section 20(2), the arbitral tribunal shall consider:

a. Only tribunal convenience

b. Circumstances of the case including convenience of parties

c. Government guidelines

d. Arbitration rules only

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