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Arbitration And Conciliation Act, 1996 MCQs SET-5
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1. The deposit fixed under Section 38(1) is intended to cover:
a. Arbitrator salary only
b. Costs referred to in Section 31(8)
c. Court expenses
d. Government charges
2. According to Section 38(1), the deposit represents:
a. Final award amount
b. Advance for expected arbitration costs
c. Penalty for delay
d. Court decree
3. Where both claim and counterclaim exist, the tribunal may:
a. Reject counterclaim
b. Fix separate deposits for claim and counterclaim
c. Combine costs for both
d. Refer dispute to court
4. Under Section 38(2), deposits shall be payable:
a. By claimant only
b. By respondent only
c. In equal shares by both parties
d. By tribunal
5. If one party fails to pay its share of the deposit:
a. Tribunal terminates proceedings automatically
b. Other party may pay that share
c. Court decides payment
d. Arbitration agreement becomes void
6. According to Section 38(2), if the other party also fails to pay the deposit:
a. Tribunal must continue proceedings
b. Tribunal may suspend or terminate proceedings
c. Court must intervene
d. Arbitration agreement becomes invalid
7. Suspension or termination of proceedings under Section 38(2) may occur in respect of:
a. Entire arbitration only
b. Claim only
c. Counterclaim only
d. Claim or counterclaim as the case may be
8. According to Section 38(3), after termination of proceedings the tribunal shall:
a. Retain all deposits
b. Render an accounting of deposits received
c. Transfer deposit to court
d. Pay deposit to government
9. Under Section 38(3), the arbitral tribunal must:
a. Return any unexpended balance of deposit
b. Convert balance into fees
c. Transfer balance to respondent
d. Use balance for tribunal expenses
10. Section 39 of the Arbitration and Conciliation Act, 1996 deals with:
a. Arbitration agreement
b. Lien on arbitral award for unpaid costs
c. Enforcement of arbitral award
d. Appeal against arbitral award
11. According to Section 39(1), the arbitral tribunal shall have a lien on:
a. Arbitration agreement
b. Arbitral award
c. Court decree
d. Arbitration claim
12. The lien under Section 39(1) arises for:
a. Arbitrator appointment
b. Unpaid costs of arbitration
c. Tribunal jurisdiction
d. Arbitration agreement breach
13. The lien on arbitral award under Section 39 is:
a. Absolute
b. Subject to sub-section (2) and arbitration agreement
c. Subject to CPC only
d. Subject to government approval
14. According to Section 39(2), if the tribunal refuses to deliver the award unless costs are paid:
a. Arbitration automatically terminates
b. Court may intervene upon application
c. Tribunal cancels award
d. Parties must renegotiate arbitration
15. Under Section 39(2), the Court may order delivery of the award upon:
a. Payment of tribunal fees directly
b. Payment of demanded costs into Court
c. Filing Section 34 application
d. Government approval
16. After payment into Court under Section 39(2), the Court may:
a. Cancel tribunal fees
b. Decide reasonable costs payable to tribunal
c. Refer dispute to another tribunal
d. Terminate arbitration
17. According to Section 39(2), if excess deposit remains after payment to tribunal:
a. It is retained by Court
b. It is refunded to the applicant
c. It goes to government
d. It goes to arbitrator
18. Under Section 39(3), an application under Section 39(2) may be made by:
a. Arbitrator only
b. Any party
c. Government authority
d. Arbitration council
19. However, such application cannot be made where:
a. Tribunal delays proceedings
b. Fees have been fixed by written agreement between party and tribunal
c. Tribunal resigns
d. Award is interim
20. According to Section 39(3), the arbitral tribunal:
a. Cannot participate in court proceedings
b. May appear and be heard in such application
c. Must resign
d. Must deliver award immediately
21. Under Section 39(4), the Court may decide issues relating to:
a. Tribunal jurisdiction
b. Arbitration agreement validity
c. Costs of arbitration
d. Enforcement of award
22. The Court may exercise power under Section 39(4) when:
a. Tribunal refuses to hear case
b. Award contains no sufficient provision regarding costs
c. Tribunal delays proceedings
d. Arbitration agreement is void
23. Section 40 of the Arbitration and Conciliation Act, 1996 deals with:
a. Enforcement of arbitral award
b. Arbitration agreement not discharged by death of party
c. Appointment of arbitrators
d. Limitation for arbitration
24. According to Section 40(1), an arbitration agreement is:
a. Terminated by death of a party
b. Suspended upon death of a party
c. Not discharged by death of a party
d. Automatically transferred to court
25. Under Section 40(1), the arbitration agreement remains enforceable:
a. Only against surviving party
b. Only against legal representatives
c. By or against the legal representative of the deceased
d. Only against tribunal
26. Section 40(1) provides that the arbitration agreement continues:
a. Only with consent of parties
b. As respects both deceased and other parties
c. Only if tribunal approves
d. Only in commercial arbitration
27. According to Section 40(2), the mandate of an arbitrator:
a. Terminates upon death of appointing party
b. Continues despite death of appointing party
c. Requires court approval to continue
d. Transfers to another arbitrator
28. Section 40(2) ensures that:
a. Arbitrator must resign upon death of party
b. Arbitrator’s mandate survives death of appointing party
c. Tribunal automatically dissolves
d. Arbitration agreement becomes void
29. According to Section 40(3), the section does not affect:
a. Arbitration agreement validity
b. Law under which right of action may be extinguished by death
c. Tribunal jurisdiction
d. Enforcement of award
30. Section 40(3) recognizes that:
a. Arbitration agreement overrides all laws
b. Some rights of action may extinguish upon death under other laws
c. Tribunal decides death-related issues
d. Court automatically continues proceedings
31. Section 41 of the Arbitration and Conciliation Act, 1996 deals with:
a. Death of party to arbitration
b. Insolvency of a party to arbitration
c. Enforcement of arbitral award
d. Appointment of arbitrators
32. According to Section 41(1), if a contract containing an arbitration clause involves an insolvent:
a. Arbitration clause becomes void
b. Arbitration clause becomes unenforceable
c. Arbitration clause remains enforceable if receiver adopts the contract
d. Arbitration agreement automatically terminates
33. Under Section 41(1), the arbitration clause in a contract involving an insolvent becomes enforceable:
a. When tribunal approves
b. When court orders
c. When the receiver adopts the contract
d. When parties agree
34. According to Section 41(1), the arbitration clause is enforceable:
a. Only against the insolvent
b. Only against the receiver
c. By or against the receiver
d. Only by the court
35. Section 41(2) applies where:
a. Insolvency proceedings have already started
b. Person became party to arbitration agreement before insolvency proceedings
c. Tribunal terminated proceedings
d. Award was already enforced
36. Under Section 41(2), when insolvency proceedings are pending and arbitration clause applies:
a. Arbitration agreement automatically ends
b. Court decides dispute directly
c. Party or receiver may apply to judicial authority for arbitration
d. Tribunal loses jurisdiction
37. According to Section 41(2), the application for arbitration may be made by:
a. Arbitrator
b. Court officer
c. Other party or the receiver
d. Government authority
38. The application under Section 41(2) must be made to:
a. Arbitral tribunal
b. Judicial authority having jurisdiction in insolvency proceedings
c. Supreme Court
d. Arbitration council
39. The judicial authority may refer the matter to arbitration if:
a. Tribunal demands it
b. Receiver agrees
c. It considers arbitration appropriate considering all circumstances
d. Government approves
40. According to Section 41(3), the expression “receiver” includes:
a. Arbitrator
b. Liquidator
c. Official Assignee
d. Insolvency judge
41. Section 42 of the Arbitration and Conciliation Act, 1996 deals with:
a. Appointment of arbitrators
b. Jurisdiction of court in arbitration matters
c. Enforcement of arbitral award
d. Correction of arbitral award
42. According to Section 42, once an application regarding an arbitration agreement is made in a Court:
a. Any court may entertain subsequent applications
b. Only that Court shall have jurisdiction over the arbitral proceedings
c. Supreme Court alone has jurisdiction
d. Tribunal decides jurisdiction
43. Section 42 begins with the phrase “Notwithstanding anything contained elsewhere”, which means:
a. CPC overrides the Arbitration Act
b. Section 42 overrides other provisions and laws
c. Arbitration agreement overrides the Act
d. Tribunal jurisdiction overrides courts
44. According to Section 42, the Court where the first application is filed shall have jurisdiction over:
a. Only the first application
b. Only interim applications
c. Arbitral proceedings and all subsequent applications
d. Tribunal proceedings only
45. Under Section 42, subsequent applications arising out of the arbitration agreement shall be made:
a. In any competent court
b. In the Supreme Court
c. In the same Court where the first application was filed
d. Before arbitral tribunal
46. Section 42A of the Arbitration and Conciliation Act, 1996 deals with:
a. Jurisdiction of courts
b. Confidentiality of arbitral proceedings
c. Appointment of arbitrators
d. Enforcement of arbitral awards
47. According to Section 42A, confidentiality must be maintained by:
a. Arbitrator
b. Arbitral institution
c. Parties to the arbitration agreement
d. All of the above
48. Section 42A begins with the phrase “Notwithstanding anything contained in any other law”, which means:
a. CPC prevails over Arbitration Act
b. Section 42A overrides other laws regarding confidentiality
c. Arbitration agreement overrides the Act
d. Tribunal rules override statute
49. Under Section 42A, confidentiality applies to:
a. Arbitration agreement only
b. Arbitral proceedings
c. Arbitration fees
d. Court proceedings
50. According to Section 42A, the obligation of confidentiality applies to:
a. Arbitrator only
b. Parties only
c. Arbitrator, arbitral institution and parties
d. Court only
51. Section 42A requires confidentiality of:
a. Arbitration award only
b. All arbitral proceedings
c. Arbitration agreement only
d. Tribunal appointment
52. Section 42B of the Arbitration and Conciliation Act, 1996 deals with:
a. Jurisdiction of courts
b. Protection of arbitrators for actions taken in good faith
c. Enforcement of arbitral awards
d. Confidentiality of arbitral proceedings
53. According to Section 42B, protection is granted to:
a. Parties to arbitration
b. Courts
c. Arbitrators
d. Arbitration institutions
54. Section 42B provides that no suit or legal proceeding shall lie against the arbitrator for:
a. Any arbitral award
b. Any action done in good faith under the Act
c. Failure to appoint arbitrator
d. Refusal to hear evidence
55. The protection under Section 42B applies to actions:
a. Done negligently
b. Done with mala fide intention
c. Done or intended to be done in good faith
d. Done outside arbitration proceedings
56. According to Section 42B, the protection extends to actions taken under:
a. Arbitration agreement only
b. Arbitration Act only
c. The Act and rules or regulations made thereunder
d. Court procedures only
57. Section 42B prevents:
a. Enforcement of arbitral award
b. Civil suits or legal proceedings against arbitrator for good faith actions
c. Appeals against arbitral award
d. Tribunal jurisdiction challenges
58. Section 43 of the Arbitration and Conciliation Act, 1996 deals with:
a. Jurisdiction of courts
b. Limitation applicable to arbitration proceedings
c. Appointment of arbitrators
d. Enforcement of arbitral awards
59. According to Section 43(1), the Limitation Act, 1963 applies to:
a. Only court proceedings
b. Arbitration proceedings as it applies to court proceedings
c. Only international arbitration
d. Only commercial disputes
60. Section 43(1) establishes that:
a. Arbitration proceedings have no limitation period
b. Limitation Act applies to arbitration proceedings
c. Limitation Act applies only to courts
d. Tribunal decides limitation independently
61. According to Section 43(2), arbitration is deemed to have commenced on:
a. Date of arbitration agreement
b. Date of arbitral tribunal constitution
c. Date referred to in Section 21
d. Date of filing claim
62. Section 21 of the Arbitration Act determines:
a. Appointment of arbitrators
b. Commencement of arbitral proceedings
c. Jurisdiction of tribunal
d. Enforcement of awards
63. Under Section 43(3), where arbitration agreement fixes a time limit to commence arbitration:
a. Court cannot extend the time
b. Tribunal may extend the time
c. Court may extend the time if undue hardship would be caused
d. Government may extend the time
64. According to Section 43(3), extension of time by Court may be granted:
a. Automatically
b. Only if undue hardship would otherwise be caused
c. Only with tribunal approval
d. Only if parties agree
65. The Court may extend time under Section 43(3):
a. Only before expiry of time
b. Only after expiry of time
c. Even after expiry of time fixed by arbitration agreement
d. Only during arbitration proceedings
66. According to Section 43(4), where an arbitral award is set aside by Court:
a. Entire limitation period restarts
b. Arbitration proceedings become void
c. Time between commencement of arbitration and court order shall be excluded
d. Tribunal must restart proceedings
67. The exclusion of time under Section 43(4) applies when computing limitation for:
a. Court proceedings only
b. Commencement of proceedings including arbitration
c. Tribunal appointment
d. Enforcement of award
68. The State of Bihar has amended Section 43 of the Arbitration and Conciliation Act, 1996 by:
a. Adding a new proviso
b. Omitting sub-section (3)
c. Modifying sub-section (1)
d. Replacing sub-section (4)
69. According to the Bihar Amendment, which provision of Section 43 stands omitted?
a. Sub-section (1)
b. Sub-section (2)
c. Sub-section (3)
d. Sub-section (4)
70. The omission of Section 43(3) in Bihar was introduced by:
a. Bihar Act 10 of 2001
b. Bihar Act 20 of 2002
c. Bihar Act 5 of 1999
d. Bihar Act 15 of 2003
71. Section 43(3) of the Arbitration and Conciliation Act originally dealt with:
a. Application of Limitation Act to arbitration
b. Commencement of arbitration proceedings
c. Court’s power to extend time fixed in arbitration agreement to commence arbitration
d. Exclusion of time where award is set aside
72. After the Bihar Amendment, the Court in Bihar:
a. Retains power to extend contractual time limit for arbitration
b. Has no statutory power under Section 43(3) to extend such time
c. Must refer disputes directly to arbitration
d. Must apply Limitation Act strictly without exception
73. The omission of Section 43(3) in Bihar affects which power of the Court?
a. Power to enforce arbitral awards
b. Power to appoint arbitrators
c. Power to extend time fixed in arbitration agreement for commencing arbitration
d. Power to set aside arbitral awards
74. The omitted provision related to court's power to extend time fixed in arbitration agreement.
a. 1 and 2 only
b. 2 and 3 only
c. 1 and 3 only
d. 1, 2 and 3
75. Section 43A of the Arbitration and Conciliation Act, 1996 deals with:
a. Enforcement of arbitral awards
b. Definitions relating to Arbitration Council of India
c. Jurisdiction of courts
d. Limitation for arbitration
76. Section 43A forms part of which Part of the Arbitration and Conciliation Act, 1996?
a. Part I
b. Part IA
c. Part II
d. Part III
77. According to Section 43A(a), the term “Chairperson” refers to:
a. Presiding arbitrator
b. Chairperson of the Arbitration Council of India
c. Chief Justice of India
d. Head of arbitral tribunal
78. The Chairperson referred to in Section 43A is appointed under:
a. Section 11
b. Section 43C(1)(a)
c. Section 43D
d. Section 44
79. According to Section 43A(b), “Council” means:
a. Supreme Court Arbitration Council
b. International Arbitration Council
c. Arbitration Council of India
d. Bar Council of India
80. The Arbitration Council of India is established under:
a. Section 43A
b. Section 43B
c. Section 43C
d. Section 44
81. According to Section 43A(c), “Member” means:
a. Only technical members of tribunal
b. Members of arbitral tribunal
c. Members of the Arbitration Council of India including the Chairperson
d. Members of Supreme Court
82. Section 43B of the Arbitration and Conciliation Act, 1996 deals with:
a. Composition of Arbitration Council of India
b. Establishment of Arbitration Council of India
c. Functions of Arbitration Council of India
d. Removal of members of Council
83. According to Section 43B(1), the Arbitration Council of India is established by:
a. Supreme Court notification
b. Parliament resolution
c. Notification by the Central Government in the Official Gazette
d. Arbitration institutions
84. The Arbitration Council of India is established for the purpose of:
a. Enforcing arbitral awards
b. Performing duties and functions under the Arbitration Act
c. Deciding arbitration disputes
d. Supervising courts
85. According to Section 43B(2), the Arbitration Council of India shall be:
a. A tribunal
b. A government department
c. A body corporate
d. A judicial authority
86. A “body corporate” under Section 43B(2) means the Council has:
a. No legal identity
b. Separate legal personality
c. Only advisory power
d. Temporary existence
87. According to Section 43B(2), the Council shall have:
a. Temporary existence
b. Perpetual succession
c. Limited tenure
d. Judicial authority
88. Section 43B(2) provides that the Council shall have:
a. Personal seal
b. Government seal
c. Common seal
d. Court seal
89. The Arbitration Council of India has the power to:
a. Decide arbitration disputes
b. Acquire, hold and dispose of property
c. Set aside arbitral awards
d. Enforce court decrees
90. According to Section 43B(2), the Council may:
a. Enter into contracts
b. Enforce awards
c. Appoint arbitrators
d. Decide appeals
91. Under Section 43B(2), the Arbitration Council of India may:
a. Sue or be sued in its own name
b. Sue only through Central Government
c. Be sued only in Supreme Court
d. Not be sued
92. According to Section 43B(3), the head office of the Arbitration Council of India shall be located at:
a. Mumbai
b. Delhi
c. Kolkata
d. Chennai
93. Under Section 43B(4), the Council may establish offices at other places:
a. Without approval
b. With prior approval of Central Government
c. With Supreme Court approval
d. With tribunal approval
94. Section 43C of the Arbitration and Conciliation Act, 1996 deals with:
a. Functions of Arbitration Council of India
b. Composition of Arbitration Council of India
c. Appointment of arbitrators
d. Jurisdiction of courts
95. According to Section 43C(1), the Arbitration Council of India consists of:
a. Five members
b. Six members
c. Seven members
d. Nine members
96. The Chairperson of the Arbitration Council of India may be:
a. A sitting district judge only
b. A retired Supreme Court judge or Chief Justice/Judge of High Court or an eminent person with arbitration expertise
c. A practicing advocate
d. A government secretary
97. The Chairperson of the Arbitration Council of India is appointed by:
a. President of India
b. Supreme Court
c. Central Government in consultation with the Chief Justice of India
d. Parliament
98. The member under Section 43C(1)(b) is:
a. Secretary of Law Ministry
b. Eminent arbitration practitioner with experience in institutional arbitration
c. Judge of High Court
d. Chief Executive Officer
99. The member under Section 43C(1)(c) must be:
a. Senior advocate
b. Eminent academician with experience in arbitration and ADR laws
c. Chartered accountant
d. Commercial judge
100. The academician member under Section 43C(1)(c) is appointed by:
a. President of India
b. Central Government in consultation with the Chairperson
c. Chief Justice of India
d. Arbitration tribunal
101. Under Section 43C(1)(d), which official is an ex officio member?
a. Secretary, Department of Legal Affairs
b. Attorney General of India
c. Solicitor General of India
d. Secretary, Home Ministry
102. Under Section 43C(1)(e), which official is an ex officio member?
a. Secretary, Department of Finance
b. Secretary, Department of Expenditure, Ministry of Finance
c. RBI Governor
d. Finance Minister
103. Section 43C(1)(f) provides for:
a. Representative of judiciary
b. Representative of arbitration institution
c. Representative of recognised body of commerce and industry
d. Representative of bar council
104. The representative of commerce and industry under Section 43C(1)(f) is:
a. Permanent member
b. Ex officio member
c. Part-time member
d. Judicial member
105. The Chief Executive Officer of the Arbitration Council of India acts as:
a. Chairperson
b. Member
c. Member-Secretary
d. Registrar
106. The Part-time Member under Section 43C(1)(f) is entitled to:
a. Salary only
b. Travelling and other allowances as prescribed by Central Government
c. Judicial allowances
d. No remuneration
107. Section 43D of the Arbitration and Conciliation Act, 1996 deals with:
a. Composition of the Arbitration Council of India
b. Duties and functions of the Arbitration Council of India
c. Appointment of arbitrators
d. Recognition of arbitral awards
108. Under Section 43D(1), it is the duty of the Council to take measures to:
a. Promote only arbitration
b. Promote arbitration, mediation, conciliation and other ADR mechanisms
c. Promote only mediation and conciliation
d. Regulate courts dealing with arbitration
109. The Council shall take necessary measures to promote and encourage which of the following mechanisms?
a. Arbitration
b. Mediation
c. Conciliation
d. All of the above
110. For promoting ADR mechanisms, the Council shall frame policy and guidelines for:
a. Appointment of judges
b. Establishment, operation and maintenance of uniform professional standards relating to arbitration
c. Regulation of civil courts
d. Appointment of mediators by High Courts
111. The policies and guidelines framed by the Council aim to ensure:
a. Uniform professional standards in arbitration-related matters
b. Control of arbitral awards by the judiciary
c. Central Government supervision of arbitrations
d. Mandatory government arbitration
112. Under Section 43D(2), the Council may frame policies governing:
a. Appointment of arbitrators
b. Grading of arbitral institutions
c. Conduct of civil trials
d. Recognition of foreign courts
113. The Council may recognise professional institutes providing:
a. Judicial training
b. Accreditation of arbitrators
c. Certification of judges
d. Licensing of law firms
114. The Council may review the grading of:
a. Arbitral institutions only
b. Arbitrators only
c. Both arbitral institutions and arbitrators
d. Courts dealing with arbitration
115. The Council may hold training, workshops and courses in the area of arbitration in collaboration with:
a. Law firms
b. Law universities
c. Arbitral institutes
d. All of the above
116. The purpose of training, workshops and courses conducted by the Council is related to:
a. Criminal law training
b. Arbitration
c. Tax law training
d. Constitutional litigation
117. The Council may frame, review and update norms to ensure satisfactory level of:
a. Arbitration and conciliation
b. Civil litigation
c. Criminal trials
d. Administrative adjudication
118. The Council may act as a forum for exchange of views and techniques to:
a. Resolve criminal disputes
b. Create a platform to make India a robust centre for domestic and international arbitration and conciliation
c. Supervise civil courts
d. Appoint arbitrators
119. The Council may make recommendations to the Central Government regarding:
a. Appointment of High Court judges
b. Measures for easy resolution of commercial disputes
c. Criminal justice reforms
d. Election law reforms
120. One of the functions of the Council is to promote:
a. Ad hoc arbitration
b. Institutional arbitration
c. Judicial arbitration
d. Government arbitration
121. Institutional arbitration is promoted by the Council by:
a. Creating special courts
b. Strengthening arbitral institutions
c. Appointing government arbitrators
d. Establishing commercial courts
122. The Council may conduct examination and training on subjects relating to:
a. Civil procedure only
b. Arbitration and conciliation
c. Constitutional law
d. Criminal law
123. After conducting examination and training relating to arbitration and conciliation, the Council may:
a. Issue licences
b. Award certificates
c. Grant judicial appointments
d. Recognise foreign courts
124. The Council is empowered to establish and maintain:
a. A registry of civil suits
b. A depository of arbitral awards made in India
c. A database of judges
d. A registry of commercial contracts
125. The depository maintained by the Council relates to:
a. All judicial decrees
b. Arbitral awards made in India
c. Foreign court judgments
d. Criminal convictions
126. The Council may make recommendations regarding which of the following concerning arbitral institutions?
a. Personnel
b. Training
c. Infrastructure
d. All of the above
127. The Council may perform additional functions:
a. As directed by the Supreme Court
b. As decided by the Central Government
c. As directed by arbitral institutions
d. As decided by High Courts
128. Which of the following statements is incorrect regarding Section 43D?
a. The Council promotes ADR mechanisms
b. The Council may recognise institutes accrediting arbitrators
c. The Council appoints judges to arbitral tribunals
d. The Council may maintain a depository of arbitral awards
129. Under Section 43D, the Council primarily functions to strengthen:
a. Judicial litigation
b. Alternative dispute resolution mechanisms
c. Criminal justice administration
d. Administrative tribunals
130. Section 43E of the Arbitration and Conciliation Act, 1996 deals with:
a. Duties and functions of the Council
b. Vacancies not to invalidate proceedings of Council
c. Composition of the Council
d. Appointment of arbitrators
131. Section 43E provides that acts or proceedings of the Council shall not be invalid merely because of:
a. Procedural irregularity affecting merits
b. Vacancy or defect in constitution of the Council
c. Judicial interference
d. Absence of arbitral award
132. Which of the following does NOT invalidate the acts or proceedings of the Council under Section 43E?
a. Vacancy in the Council
b. Defect in constitution of the Council
c. Minor procedural irregularity not affecting merits
d. All of the above
133. Under Section 43E(a), the proceedings of the Council shall not be invalid merely due to:
a. Vacancy in the Council
b. Defect in the constitution of the Council
c. Both A and B
d. Removal of the Chairperson
134. A defect in the constitution of the Council will:
a. Automatically invalidate proceedings
b. Not invalidate proceedings of the Council
c. Require approval of the Central Government
d. Require rehearing of all matters
135. Under Section 43E(b), which of the following does not invalidate the proceedings of the Council?
a. Defect in appointment of a person acting as Member
b. Removal of arbitrator
c. Decision of arbitral tribunal
d. Appointment of mediator
136. If there is a defect in the appointment of a person acting as Member of the Council, the proceedings shall:
a. Become void
b. Require confirmation by High Court
c. Not be invalid merely for that reason
d. Be suspended automatically
137. Under Section 43E(c), an irregularity in the procedure of the Council will not invalidate proceedings if:
a. It affects the jurisdiction
b. It affects the merits of the case
c. It does not affect the merits of the case
d. It affects the parties' rights
138. Section 43F of the Arbitration and Conciliation Act, 1996 deals with:
a. Removal of Members of the Council
b. Resignation of Members of the Council
c. Appointment of Members of the Council
d. Disqualification of Members
139. Under Section 43F, who may resign from office by notice in writing addressed to the Central Government?
a. Only the Chairperson
b. Only Full-time Members
c. Chairperson, Full-time Member, or Part-time Member
d. Only Part-time Members
140. A resignation under Section 43F must be addressed to:
a. Supreme Court of India
b. Arbitration Council of India
c. Central Government
d. High Court concerned
141. The resignation of the Chairperson or a Member must be submitted:
a. Orally before the Council
b. By notice in writing
c. Through the Supreme Court
d. Through arbitral institutions
142. The resignation notice under Section 43F must be:
a. Signed under his hand
b. Notarized
c. Approved by the Council
d. Filed before the High Court
143. After submitting resignation, the Chairperson or Full-time Member shall continue to hold office:
a. For six months from receipt of notice
b. Until Central Government appoints a successor only
c. Until expiry of three months from the date of receipt of notice or other specified event
d. Until the next meeting of the Council
144. Unless permitted by the Central Government to relinquish earlier, the Chairperson or Full-time Member continues in office for:
a. One month
b. Two months
c. Three months
d. Six months
145. The Chairperson or Full-time Member may relinquish office earlier than three months if:
a. The Council approves it
b. The Central Government permits it
c. The Supreme Court directs it
d. The arbitral institutions approve it
146. The continuation of the Chairperson or Full-time Member after resignation shall last until which of the following occurs first?
a. Expiry of three months from receipt of notice
b. Successor enters office
c. Expiry of term of office
d. Whichever is earlier
147. The proviso to Section 43F applies specifically to:
a. Chairperson and Full-time Member
b. Part-time Member only
c. Chairperson only
d. All Members including Part-time Members
148. Which of the following is NOT mentioned as an event terminating continuation after resignation?
a. Expiry of three months from notice
b. Entry of successor into office
c. Expiry of term of office
d. Decision of arbitral tribunal
149. Which of the following statements is incorrect regarding Section 43F?
a. Members may resign by written notice to the Central Government
b. Chairperson must immediately vacate office upon resignation
c. Chairperson may continue up to three months unless permitted earlier
d. Continuation ends when successor enters office or term expires
150. Section 43G of the Arbitration and Conciliation Act, 1996 deals with:
a. Appointment of Members of the Council
b. Removal of Member
c. Duties of the Council
d. Resignation of Members
151. Under Section 43G, the authority empowered to remove a Member from office is:
a. Supreme Court
b. High Court
c. Central Government
d. Arbitration Council
152. A Member may be removed by the Central Government if he is:
a. A retired judge
b. An undischarged insolvent
c. A practising advocate
d. A government servant
153. A Member of the Council may be removed if during his term of office he engages in:
a. Academic research
b. Paid employment
c. Unpaid advisory work
d. Teaching arbitration
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