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Arbitration And Conciliation Act, 1996 MCQs SET-4
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1. According to Section 31(5), after the award is made:
a. Tribunal keeps the award
b. Signed copy must be delivered to each party
c. Only claimant receives copy
d. Court keeps the original
2. Under Section 31(6), the arbitral tribunal may make:
a. Partial contract
b. Interim arbitral award
c. Court order
d. Mediation report
3. Interim arbitral awards under Section 31(6) may be made:
a. Only after final award
b. During arbitral proceedings
c. Only with court approval
d. Only by presiding arbitrator
4. According to Section 31(7)(a), the arbitral tribunal may award interest:
a. Only after award
b. For the period from cause of action to date of award
c. Only for post-award period
d. Only with court approval
5. Under Section 31(7)(a), the rate of interest shall be:
a. Fixed by government
b. Determined by tribunal as reasonable
c. Fixed by court
d. Always 10%
6. According to Section 31(7)(b), unless otherwise directed, post-award interest shall be:
a. Equal to current interest rate
b. Two percent higher than current rate of interest
c. Five percent higher than current rate
d. Fixed by tribunal
7. Post-award interest under Section 31(7)(b) runs from:
a. Cause of action
b. Filing of claim
c. Date of award until payment
d. Tribunal constitution
8. The “current rate of interest” under Section 31 refers to the definition under:
a. Contract Act
b. Interest Act, 1978
c. CPC
d. Commercial Courts Act
9. According to Section 31(8), the costs of arbitration shall be fixed by:
a. Court
b. Arbitral tribunal
c. Government
d. Arbitration council
10. Costs of arbitration are determined in accordance with:
a. Section 29A
b. Section 31A
c. Section 34
d. Section 36
11. Under the explanation to Section 31, costs include:
a. Arbitrators’ fees and expenses
b. Legal fees and expenses
c. Administrative fees of arbitral institution
d. All of the above
12. Costs may also include:
a. Witness expenses
b. Institutional administration fees
c. Other expenses related to arbitration
d. All of the above
13. Section 31A of the Arbitration and Conciliation Act, 1996 deals with:
a. Form of arbitral award
b. Regime for costs
c. Appointment of arbitrators
d. Jurisdiction of tribunal
14. Section 31A applies to:
a. Only arbitration proceedings
b. Only court proceedings
c. Both arbitration proceedings and court proceedings under the Act
d. Only enforcement proceedings
15. According to Section 31A(1), the authority empowered to determine costs is:
a. Only the court
b. Only the arbitral tribunal
c. Court or arbitral tribunal
d. Government authority
16. Section 31A gives discretion to the Court or arbitral tribunal to determine:
a. Whether costs are payable
b. Amount of costs
c. Time when costs are to be paid
d. All of the above
17. The discretion regarding costs under Section 31A applies:
a. Subject to CPC provisions
b. Notwithstanding anything contained in the Code of Civil Procedure, 1908
c. Only when parties agree
d. Only in international arbitration
18. According to the explanation to Section 31A(1), costs include:
a. Fees and expenses of arbitrators
b. Legal fees and expenses
c. Administrative fees of arbitration institutions
d. All of the above
19. Under Section 31A, costs may include expenses of:
a. Arbitrators
b. Courts
c. Witnesses
d. All of the above
20. According to Section 31A(2), the general rule regarding costs is:
a. Parties bear their own costs
b. The unsuccessful party pays costs of the successful party
c. Government bears arbitration costs
d. Tribunal bears costs
21. Under Section 31A(2)(b), the Court or arbitral tribunal may depart from the general rule:
a. Without giving reasons
b. Only with party consent
c. By recording reasons in writing
d. Only with government approval
22. Section 31A establishes which principle regarding costs in arbitration?
a. Equal cost sharing
b. Loser pays principle
c. Government funded arbitration
d. Mandatory cost waiver
23. Administrative fees mentioned in Section 31A refer to:
a. Court filing fees
b. Fees of arbitral institution supervising the arbitration
c. Government arbitration tax
d. Tribunal appointment fee
24. Section 31A was introduced to promote:
a. Judicial intervention
b. Efficient and fair allocation of arbitration costs
c. Government control
d. Automatic cost recovery
25. According to Section 31A(3), while determining costs, the Court or arbitral tribunal shall consider:
a. Conduct of the parties
b. Partial success of a party
c. Frivolous counterclaims causing delay
d. All of the above
26. Under Section 31A(3)(a), the Court or arbitral tribunal must consider:
a. Financial status of parties
b. Conduct of all the parties during proceedings
c. Government policy
d. Tribunal workload
27. According to Section 31A(3)(b), the Court or arbitral tribunal shall consider:
a. Whether a party succeeded partly in the case
b. Whether the arbitration agreement exists
c. Whether court fees were paid
d. Whether arbitrator was appointed by court
28. Under Section 31A(3)(c), the tribunal may consider whether a party:
a. Filed a counterclaim
b. Filed a frivolous counterclaim causing delay in proceedings
c. Withdrew the claim
d. Failed to attend hearings
29. According to Section 31A(3)(d), the Court or tribunal may consider:
a. Whether a reasonable settlement offer was made and refused
b. Whether arbitration agreement was valid
c. Whether witnesses appeared
d. Whether tribunal adjourned proceedings
30. Under Section 31A(4), the Court or arbitral tribunal may order a party to pay:
a. A proportion of another party’s costs
b. A stated amount of costs
c. Costs for specific stages of proceedings
d. All of the above
31. According to Section 31A(4)(a), the tribunal may order:
a. Payment of full costs only
b. Payment of a proportion of another party’s costs
c. Payment of court fees only
d. Payment of arbitrator fees only
32. Section 31A(4)(b) allows the Court or tribunal to order:
a. A stated amount in respect of another party’s costs
b. Only full cost recovery
c. Only legal fees
d. Only arbitrator fees
33. According to Section 31A(4)(c), costs may be ordered:
a. For entire proceedings only
b. From or until a certain date
c. Only after award
d. Only before arbitration
34. Under Section 31A(4)(d), costs may include:
a. Costs incurred before proceedings began
b. Only costs during hearings
c. Only costs after award
d. Only legal fees
35. Section 31A(4)(e) permits costs to be ordered for:
a. Entire arbitration only
b. Particular steps taken in proceedings
c. Court proceedings only
d. Award enforcement only
36. According to Section 31A(4)(f), costs may relate to:
a. Entire proceedings
b. A distinct part of the proceedings
c. Only arbitration filing
d. Only legal arguments
37. Under Section 31A(4)(g), the Court or tribunal may order:
a. Penalty interest
b. Interest on costs from or until a certain date
c. Compound interest automatically
d. Government interest rate
38. According to Section 31A(5), an agreement requiring a party to pay the whole or part of arbitration costs in any event shall be valid only if:
a. Made before arbitration agreement
b. Made before dispute arises
c. Made after the dispute has arisen
d. Approved by court
39. Section 32 of the Arbitration and Conciliation Act, 1996 deals with:
a. Enforcement of arbitral award
b. Termination of arbitral proceedings
c. Appointment of arbitrators
d. Arbitration agreement
40. According to Section 32(1), arbitral proceedings shall be terminated by:
a. Court order only
b. Final arbitral award or an order of the arbitral tribunal
c. Government notification
d. Expiry of arbitration agreement
41. Under Section 32(1), one mode of termination of arbitral proceedings is:
a. Withdrawal of arbitration agreement
b. Final arbitral award
c. Tribunal resignation
d. Court intervention
42. According to Section 32(2), the arbitral tribunal shall issue an order terminating proceedings where:
a. Claimant withdraws claim
b. Parties agree to terminate proceedings
c. Continuation becomes unnecessary or impossible
d. All of the above
43. Under Section 32(2)(a), if the claimant withdraws his claim:
a. Tribunal must terminate proceedings in all cases
b. Tribunal may terminate unless respondent objects with legitimate interest
c. Court decides termination
d. Arbitration agreement becomes void
44. According to Section 32(2)(a), the respondent may object to termination if:
a. He has already paid arbitration costs
b. He has a legitimate interest in obtaining final settlement of the dispute
c. Tribunal has not issued award
d. Arbitration agreement requires award
45. Under Section 32(2)(b), proceedings may terminate when:
a. Tribunal refuses to continue
b. Parties agree to terminate proceedings
c. Court orders termination
d. Arbitrator resigns
46. According to Section 32(2)(c), arbitral proceedings may terminate if:
a. Arbitration agreement expires
b. Continuation of proceedings becomes unnecessary or impossible
c. Tribunal delays proceedings
d. Parties change arbitrator
47. Section 32(3) provides that the mandate of the arbitral tribunal terminates:
a. With appointment of new arbitrator
b. With termination of arbitral proceedings
c. With filing of claim
d. With tribunal constitution
48. The termination of the tribunal’s mandate under Section 32(3) is subject to:
a. Section 29A only
b. Section 33 and Section 34(4)
c. Section 31 only
d. Section 27 only
49. Section 33 of the Arbitration and Conciliation Act, 1996 deals with:
a. Enforcement of arbitral award
b. Correction, interpretation and additional arbitral award
c. Termination of proceedings
d. Appointment of arbitrators
50. According to Section 33(1), a party may request correction of an arbitral award within:
a. 15 days
b. 30 days
c. 45 days
d. 60 days
51. The 30-day period under Section 33(1) is calculated from:
a. Date of arbitration award
b. Receipt of arbitral award
c. Filing of arbitration petition
d. Tribunal constitution
52. Under Section 33(1)(a), a party may request correction of:
a. Computation errors
b. Clerical or typographical errors
c. Similar errors in the award
d. All of the above
53. A request under Section 33(1) must be made:
a. Without notice
b. With notice to the other party
c. Only before the court
d. Only before tribunal chairman
54. According to Section 33(1)(b), interpretation of an award may be requested:
a. In every case
b. Only if parties have agreed
c. Only by tribunal
d. Only by court
55. The interpretation requested under Section 33(1)(b) relates to:
a. Entire award
b. Specific point or part of the award
c. Arbitration agreement
d. Tribunal jurisdiction
56. Under Section 33(2), if the request for correction or interpretation is justified, the tribunal shall act within:
a. 15 days
b. 30 days from receipt of request
c. 45 days
d. 60 days
57. According to Section 33(2), the interpretation given by the tribunal:
a. Replaces the award
b. Forms part of the arbitral award
c. Cancels the award
d. Requires court approval
58. Under Section 33(3), the arbitral tribunal may correct errors:
a. Only upon party request
b. On its own initiative
c. Only through court
d. Only after appeal
59. The tribunal may correct errors on its own initiative within:
a. 15 days from award
b. 30 days from date of award
c. 60 days from award
d. 90 days from award
60. According to Section 33(4), a party may request an additional arbitral award where:
a. Tribunal exceeded jurisdiction
b. Claims presented were omitted from the award
c. Tribunal refused evidence
d. Arbitration agreement invalid
61. A request for an additional arbitral award must be made within:
a. 30 days from receipt of award
b. 45 days from award
c. 60 days from award
d. 90 days from award
62. Under Section 33(5), if the request for additional award is justified, the tribunal shall make the award within:
a. 30 days
b. 45 days
c. 60 days
d. 90 days
63. According to Section 33(6), the arbitral tribunal may:
a. Cancel the award
b. Extend the time for correction or additional award
c. Replace arbitrator
d. Terminate proceedings
64. The extension of time under Section 33(6) applies to:
a. Correction of award
b. Interpretation of award
c. Additional award
d. All of the above
65. Section 33(7) provides that:
a. Section 31 applies to corrections and additional awards
b. Section 29A applies
c. Section 34 applies
d. Section 27 applies
66. According to Section 33(7), the provisions of Section 31 apply to:
a. Only final awards
b. Correction, interpretation and additional awards
c. Tribunal orders
d. Court decrees
67. Section 34 of the Arbitration and Conciliation Act, 1996 deals with:
a. Enforcement of arbitral award
b. Appeal against arbitral award
c. Application for setting aside arbitral award
d. Correction of arbitral award
68. According to Section 34(1), recourse against an arbitral award may be made only by:
a. Filing an appeal
b. Filing a civil suit
c. An application for setting aside the award
d. Filing a review petition
69. An application for setting aside an arbitral award must be made:
a. According to Section 33 only
b. In accordance with sub-sections (2) and (3) of Section 34
c. Only under CPC
d. Under Contract Act
70. Under Section 34(2)(a), an arbitral award may be set aside if:
a. Court disagrees with reasoning
b. Applicant establishes specified grounds based on record of arbitral tribunal
c. Tribunal exceeded time limit
d. Arbitrator fees are excessive
71. According to Section 34(2)(a)(i), an award may be set aside if:
a. Arbitration agreement expired
b. A party was under some incapacity
c. Tribunal exceeded jurisdiction
d. Award was delayed
72. Under Section 34(2)(a)(ii), an arbitral award may be set aside if:
a. Tribunal lacked jurisdiction
b. Arbitration agreement is not valid under applicable law
c. Tribunal exceeded powers
d. Arbitrator resigned
73. If the law governing the arbitration agreement is not specified, validity shall be determined under:
a. CPC
b. Contract Act
c. Law in force at the time
d. Foreign law
74. According to Section 34(2)(a)(iii), an award may be set aside if:
a. Tribunal delayed proceedings
b. Party was not given proper notice or unable to present case
c. Arbitrator refused to hear witnesses
d. Tribunal refused evidence
75. Under Section 34(2)(a)(iv), an award may be set aside where:
a. Tribunal exceeded time limit
b. Award deals with dispute beyond scope of submission to arbitration
c. Tribunal appointed expert witness
d. Tribunal delayed proceedings
76. According to the proviso to Section 34(2)(a)(iv), if separable decisions exist:
a. Entire award must be set aside
b. Only part outside arbitration scope may be set aside
c. Court must rehear case
d. Tribunal must restart proceedings
77. Under Section 34(2)(a)(v), an award may be set aside if:
a. Tribunal delayed proceedings
b. Composition of tribunal or procedure was not in accordance with parties’ agreement
c. Tribunal refused adjournment
d. Tribunal awarded excessive interest
78. However, Section 34(2)(a)(v) does not apply where:
a. Agreement conflicts with mandatory provisions of the Act
b. Tribunal delays proceedings
c. Arbitrator resigns
d. Court disagrees with award
79. Under Section 34(2)(b)(i), the Court may set aside an award if:
a. Arbitration agreement invalid
b. Subject-matter is not capable of settlement by arbitration
c. Tribunal delayed award
d. Arbitrator bias exists
80. According to Section 34(2)(b)(ii), an award may be set aside if:
a. Tribunal exceeded time limit
b. Award conflicts with public policy of India
c. Arbitrator resigned
d. Tribunal granted interim relief
81. Grounds under Section 34(2)(a) must be:
a. Found by court on its own
b. Established by the party making the application
c. Presumed by law
d. Determined by tribunal
82. Grounds under Section 34(2)(b) may be:
a. Established by party only
b. Found by court independently
c. Determined by arbitrator
d. Determined by government
83. Which of the following is NOT a ground under Section 34(2)?
a. Invalid arbitration agreement
b. Lack of proper notice
c. Incorrect interpretation of contract
d. Conflict with public policy of India
84. Explanation 1 to Section 34 clarifies the meaning of:
a. Patent illegality
b. Public policy of India
c. Arbitration agreement
d. Interim award
85. According to Explanation 1, an award is in conflict with public policy of India if:
a. It was induced or affected by fraud or corruption
b. It violates Section 75 or Section 81
c. It contravenes the fundamental policy of Indian law
d. All of the above
86. Under Explanation 1(i), an arbitral award may be set aside if its making was induced by:
a. Mistake of law
b. Fraud or corruption
c. Delay in proceedings
d. Arbitrator resignation
87. Violation of which provisions may render the award contrary to public policy under Explanation 1(i)?
a. Sections 23 and 24
b. Sections 75 and 81
c. Sections 31 and 31A
d. Sections 34 and 36
88. According to Explanation 1(ii), an award conflicts with public policy if it is in contravention of:
a. Procedural law
b. Fundamental policy of Indian law
c. Contract law
d. Civil procedure
89. Under Explanation 1(iii), an award may be set aside if it conflicts with:
a. Basic principles of arbitration
b. Most basic notions of morality or justice
c. Commercial practice
d. Tribunal discretion
90. Explanation 2 clarifies that determining contravention of fundamental policy of Indian law:
a. Requires reappreciation of evidence
b. Requires review on merits
c. Shall not entail review on merits of dispute
d. Requires reconsideration of arbitration agreement
91. According to Section 34(2A), patent illegality is a ground for setting aside an award in:
a. International commercial arbitration
b. Domestic arbitration only
c. All arbitrations
d. Foreign awards
92. Section 34(2A) applies to arbitrations:
a. Arising out of international commercial arbitration
b. Other than international commercial arbitration
c. Only institutional arbitration
d. Foreign seated arbitration
93. Under Section 34(2A), the award may be set aside if:
a. Tribunal exceeded jurisdiction
b. Patent illegality appears on the face of the award
c. Tribunal delayed proceedings
d. Arbitrator resigned
94. According to the proviso to Section 34(2A), an award shall not be set aside merely because:
a. Arbitrator interpreted contract differently
b. Law was erroneously applied
c. Evidence was reappreciated by court
d. All of the above
95. Section 34(3) prescribes the limitation period for filing an application for setting aside an award as:
a. 30 days
b. 60 days
c. 3 months
d. 6 months
96. The limitation period under Section 34(3) begins from:
a. Date of arbitral award
b. Date of arbitration agreement
c. Date of receipt of arbitral award by the party
d. Date of tribunal constitution
97. If a request under Section 33 has been made, the limitation period under Section 34(3) begins from:
a. Date of award
b. Date of tribunal constitution
c. Date when request under Section 33 is disposed of
d. Date of court order
98. According to the proviso to Section 34(3), the Court may extend the limitation period by:
a. 15 days
b. 30 days
c. 60 days
d. 90 days
99. Extension under Section 34(3) proviso may be granted only if:
a. Tribunal agrees
b. Applicant shows sufficient cause
c. Government approves
d. Parties consent
100. After the additional 30 days provided under the proviso to Section 34(3):
a. Court may grant further extension
b. Tribunal may extend time
c. Application cannot be entertained thereafter
d. Government may extend time
101. According to Section 34(4), upon receiving an application under Section 34(1), the Court may:
a. Immediately set aside the award
b. Adjourn the proceedings to allow the arbitral tribunal to eliminate the grounds for setting aside
c. Enforce the award
d. Transfer the matter to another tribunal
102. Under Section 34(4), adjournment of proceedings may occur:
a. Only on court’s own motion
b. Only if requested by a party and considered appropriate by the Court
c. Only if both parties consent
d. Only after final judgment
103. The purpose of adjournment under Section 34(4) is to:
a. Restart arbitration proceedings
b. Give the arbitral tribunal an opportunity to eliminate the grounds for setting aside the award
c. Allow appeal against the award
d. Re-hear the dispute
104. During adjournment under Section 34(4), the arbitral tribunal may:
a. Cancel the arbitration agreement
b. Resume arbitral proceedings or take appropriate action
c. Issue a new arbitration agreement
d. Refer dispute to court
105. Section 34(5) requires that an application under Section 34 shall be filed only after:
a. Court permission
b. Issuing prior notice to the other party
c. Government approval
d. Arbitrator consent
106. According to Section 34(5), the application must be accompanied by:
a. Certified copy of arbitration agreement
b. Tribunal order
c. Affidavit confirming compliance with prior notice requirement
d. Court fee certificate
107. The affidavit under Section 34(5) must endorse:
a. Validity of arbitration agreement
b. Compliance with the requirement of prior notice to the other party
c. Tribunal jurisdiction
d. Government approval
108. Section 34(6) requires that the application under Section 34 shall be disposed of:
a. Within 3 months
b. Within 6 months
c. Within 1 year from service of notice
d. Within 2 years
109. The one-year period under Section 34(6) begins from:
a. Filing of the application
b. Date of arbitral award
c. Date when notice under Section 34(5) is served on the other party
d. Date of tribunal constitution
110. Section 34(6) emphasizes:
a. Mandatory dismissal after one year
b. Expeditious disposal of setting aside applications
c. Government supervision
d. Tribunal control over courts
111. The amendment to Section 34 discussed here applies to:
a. All States of India
b. Union Territories of Jammu & Kashmir and Ladakh
c. Only Jammu & Kashmir
d. Only Ladakh
112. Under the J&K and Ladakh amendment to Section 34, which new provision was inserted after sub-section (2)?
a. Section 34(2B)
b. Section 34(2A)
c. Section 34(3A)
d. Section 34(4A)
113. According to the inserted Section 34(2A), an arbitral award may be set aside if:
a. Tribunal exceeded jurisdiction
b. Award is vitiated by patent illegality appearing on the face of the award
c. Arbitrator resigned
d. Tribunal delayed proceedings
114. The ground of patent illegality under Section 34(2A) applies to:
a. International commercial arbitration only
b. All arbitrations
c. Arbitrations other than international commercial arbitration
d. Foreign awards
115. According to the proviso to Section 34(2A), an arbitral award shall not be set aside merely because:
a. Tribunal made factual findings
b. There was an erroneous application of law
c. Evidence was re-appreciated
d. Both B and C
116. Under the J&K and Ladakh amendment, the limitation period for filing an application under Section 34(3) is:
a. Three months
b. Four months
c. Six months
d. Nine months
117. According to the amended Section 34(3), the limitation period begins from:
a. Date of arbitral award
b. Date of tribunal constitution
c. Date of receipt of arbitral award
d. Date of arbitration agreement
118. Under the proviso to amended Section 34(3), the Court may extend the limitation period by:
a. Thirty days
b. Forty-five days
c. Sixty days
d. Ninety days
119. The extended limitation period under the proviso to Section 34(3) may be granted if:
a. Tribunal permits
b. Applicant shows sufficient cause
c. Government approves
d. Parties agree
120. After the additional sixty days provided under the amended proviso to Section 34(3):
a. Court may grant further extension
b. Tribunal may extend time
c. Application cannot be entertained thereafter
d. Government may extend time
121. The amendment to Section 34 for J&K and Ladakh was introduced through:
a. Arbitration and Conciliation Amendment Act, 2019
b. Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020
c. Commercial Courts Act
d. Civil Procedure Code Amendment
122. Section 35 of the Arbitration and Conciliation Act, 1996 deals with:
a. Enforcement of arbitral award
b. Finality of arbitral award
c. Correction of arbitral award
d. Appeal against arbitral award
123. According to Section 35, an arbitral award shall be:
a. Advisory in nature
b. Final and binding
c. Subject to government approval
d. Only binding on tribunal
124. The finality of an arbitral award under Section 35 is:
a. Absolute in all circumstances
b. Subject to provisions of Part I of the Act
c. Subject to CPC
d. Subject to approval by court
125. Section 35 provides that an arbitral award shall be binding on:
a. Parties only
b. Arbitrators only
c. Parties and persons claiming under them
d. Court only
126. Section 36 of the Arbitration and Conciliation Act, 1996 deals with:
a. Correction of arbitral award
b. Enforcement of arbitral award
c. Appeal against arbitral award
d. Jurisdiction of arbitral tribunal
127. According to Section 36(1), an arbitral award shall be enforced when:
a. Immediately after award is made
b. When time for filing application under Section 34 expires
c. After tribunal approval
d. After court review
128. Under Section 36(1), an arbitral award shall be enforced:
a. As a contract between parties
b. As an order of tribunal
c. In the same manner as a decree of a court
d. As an administrative order
129. Enforcement of an arbitral award under Section 36 is governed by:
a. Indian Contract Act
b. Code of Civil Procedure, 1908
c. Evidence Act
d. Commercial Courts Act
130. According to Section 36(2), filing an application under Section 34:
a. Automatically stays enforcement of award
b. Does not by itself render the award unenforceable
c. Cancels the award
d. Converts award into decree
131. Under Section 36(2), the award becomes unenforceable only if:
a. Section 34 application is filed
b. Tribunal suspends award
c. Court grants a stay order
d. Parties mutually agree
132. A stay of enforcement under Section 36 requires:
a. Filing Section 34 application only
b. Separate application for stay
c. Tribunal approval
d. Government permission
133. According to Section 36(3), the Court may grant stay:
a. Automatically
b. Without reasons
c. Subject to conditions and reasons recorded in writing
d. Only with government approval
134. While granting stay in case of money award, the Court shall have due regard to provisions relating to:
a. Contract enforcement
b. Stay of money decree under CPC
c. Arbitration agreement validity
d. Tribunal jurisdiction
135. Under the proviso to Section 36(3), the Court must consider:
a. Tribunal’s opinion
b. CPC provisions regarding stay of money decrees
c. Government regulations
d. Arbitration institution rules
136. According to the second proviso to Section 36(3), the Court shall grant unconditional stay if:
a. Tribunal delayed proceedings
b. Award is challenged under Section 33
c. Prima facie fraud or corruption is shown in the arbitration agreement or making of award
d. Tribunal exceeded jurisdiction
137. The unconditional stay under the second proviso to Section 36(3) applies when:
a. Parties mutually agree
b. Court finds prima facie fraud or corruption
c. Tribunal requests stay
d. Government intervenes
138. Under the second proviso to Section 36(3), fraud or corruption may relate to:
a. Arbitration agreement
b. Making of the arbitral award
c. Both A and B
d. Tribunal procedure only
139. According to the explanation to Section 36, the proviso relating to fraud or corruption applies:
a. Only to proceedings commenced after 2015 amendment
b. Only to foreign awards
c. To all court cases irrespective of commencement date of proceedings
d. Only to domestic arbitration
140. Section 37 of the Arbitration and Conciliation Act, 1996 deals with:
a. Enforcement of arbitral awards
b. Appealable orders
c. Finality of arbitral awards
d. Correction of arbitral awards
141. According to Section 37(1), an appeal shall lie:
a. From every order of the arbitral tribunal
b. From specified orders only
c. From all court orders
d. From arbitration agreement
142. Section 37 begins with the phrase “Notwithstanding anything contained in any other law”, which means:
a. CPC provisions prevail
b. Arbitration Act overrides other laws regarding appeals
c. Government approval required
d. Arbitration agreement overrides the Act
143. Appeals under Section 37 lie to:
a. The arbitral tribunal
b. Supreme Court directly
c. Court authorised to hear appeals from original decrees of the Court passing the order
d. Arbitration council
144. Under Section 37(1)(a), an appeal lies from an order:
a. Referring parties to arbitration under Section 8
b. Refusing to refer parties to arbitration under Section 8
c. Appointing arbitrator
d. Terminating arbitration
145. According to Section 37(1)(b), an appeal lies from an order:
a. Granting or refusing interim measure under Section 9
b. Refusing to enforce award
c. Appointing arbitrator
d. Granting stay under Section 36
146. Under Section 37(1)(c), an appeal lies from an order:
a. Setting aside arbitral award under Section 34
b. Refusing to set aside arbitral award under Section 34
c. Both A and B
d. None of the above
147. Section 37(2) provides appeal from certain orders of:
a. Court
b. Government
c. Arbitral tribunal
d. Arbitration council
148. According to Section 37(2)(a), an appeal lies from an order of the arbitral tribunal:
a. Rejecting plea of jurisdiction
b. Accepting plea of jurisdiction under Section 16
c. Refusing to appoint arbitrator
d. Granting final award
149. Under Section 37(2)(b), an appeal lies from an order:
a. Granting or refusing interim measures under Section 17
b. Appointing expert witness
c. Granting interim award
d. Refusing adjournment
150. According to Section 37(3), a second appeal from an appellate order:
a. Is permitted
b. Is not permitted
c. Is mandatory
d. Requires tribunal approval
151. Section 37(3) clarifies that prohibition of second appeal:
a. Removes Supreme Court jurisdiction
b. Does not affect right to appeal to the Supreme Court
c. Prevents constitutional remedies
d. Bars judicial review
152. Section 38 of the Arbitration and Conciliation Act, 1996 deals with:
a. Arbitration agreement
b. Deposits for arbitration costs
c. Enforcement of arbitral award
d. Appointment of arbitrators
153. According to Section 38(1), the arbitral tribunal may fix:
a. Court fees
b. Deposit or supplementary deposit as advance for arbitration costs
c. Arbitration agreement value
d. Compensation amount
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