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ADR & Arbitration Act

57 questions from 16 papers

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AIBE XIII Q.11 Walkthrough

What is the maximum duration within which fast track arbitration must be completed-

a. 6 Months
b. 12 Months
c. 18 Months
d. 24 Months
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AIBE XIII Q.50 Walkthrough

Which among the following is not an ADR method under Section 89 of CPC, 1908-

a. Mini Trial
b. Judicial settlement through lok adalat
c. Conciliation
d. None of the above
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AIBE XIII Q.51 Walkthrough

What is the maximum number of Conciliators allowed in a Conciliation proceeding:

a. 1
b. 2
c. 5
d. None of the above
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AIBE XIII Q.52 Walkthrough

What is the status of a settlement agreement in Conciliation proceeding:

a. Non-binding
b. Same as a settlement award
c. Unlike a settlement award
d. None of the above
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AIBE XIV Q.26 Walkthrough

In which of the following cases, the Supreme Court held that an International Commercial Arbitration is one which has its juridical or legal seat of arbitration outside India:

a. Bhatia International v. Buk Trading S.A. (2002) 4 SCC 105.
b. Bharat Aluminium Company v. Kaiser Aluminium Technical Services Inc., (2012) 9 SCC 552.
c. Booz Allen and Hamilton Inc. v. SBI Home Finance Limited, (2011) 5 SCC 532.
d. Vimal Kishore Shah v. Jayesh Dinesh Shah, (2016) 8 SCC 788.
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AIBE XIV Q.34 Walkthrough

Which one is a Foreign Award-

a. An award in a arbitration where at least one party is non-Indian
b. An award passed in a foreign seated arbitration
c. An award passed in a arbitration where both the parties are non-Indian
d. None of the above
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AIBE XIV Q.74 Walkthrough

BATNA Stands for:

a. Bilateral agreement to negotiation and arbitration
b. Best alternative to a negotiated agreement
c. Bilateral Trade negotiated agreement
d. None of the above
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AIBE XIV Q.75 Walkthrough

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

a. Interim measures by the court
b. Discretionary powers of the court
c. Both (a) & (b)
d. None of the above
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AIBE XV Q.12 Walkthrough

According to Section 7(4) of the Arbitration and Conciliation Act, an arbitration agreement is in writing if it is contained in-

a. a document signed by the parties;
b. an exchange of letters, telex, telegrams or other means of telecommunication which provide a record of the agreement;
c. an exchange of statements of claim and defence in which the existence of the agreement is alleged by one party and not denied by the other;
d. All of the above
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AIBE XV Q.13 Walkthrough

Waiver of right to object deviance from arbitration agreement is mentioned under of the Arbitration and ———— Conciliation Act-

a. Section 7
b. Section 4
c. Section 20
d. Section 22
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AIBE XV Q.33 Walkthrough

The Arbitration Act, 1996 repeals:

a. The Arbitration Act, 1940
b. The Arbitration (Protocol and Convention) Act, 1937
c. the Foreign Awards (Recognition and Enforcement) Act, 1961.
d. All of the above
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AIBE XVI Q.3 Walkthrough

An arbitration proceeding is a:

a. Judicial proceeding
b. Quasi-judicial proceeding
c. Administrative proceeding
d. None of the above
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AIBE XVI Q.4 Walkthrough

What is ad hoc arbitration?

a. It is a proceeding administered by the parties themselves, with rules created solely, for that specific case
b. Parties make their own arrangement with respect to all aspects of the arbitration, including the laws and rules
c. The seal of arbitration, the language, and the scope and issues to be resolved by means of arbitration.
d. (A) (b) (c)
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AIBE XVI Q.37 Walkthrough

Reference to the Arbitration is provided in which section of the Arbitration and Conciliation Act, 1996-

a. Section 7
b. Section 8
c. Section 9
d. Section 10
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AIBE XVI Q.54 Walkthrough

The Section of the Arbitration and Conciliation Act, dealing with the time of commencement of arbitral proceeding is-

a. Section 20
b. Section 21
c. Section 22
d. None of the above
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AIBE XVII Q.48 Walkthrough

Which of the following Section deals with ”Arbitration Agreement” in Arbitration and Conciliation Act, 1996?

a. Section 6
b. Section 7
c. Section 8
d. Section 9
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AIBE XVII Q.49 Walkthrough

Under what circumstances the arbitral proceedings can be terminated? 1. Final Arbitral award 2. Interim award 3. Where the arbitral tribunal issues an order for the termination

a. 1 and 3
b. 1 and 2
c. 2 and 3
d. 1, 2 and 3
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AIBE XVII Q.50 Walkthrough

Under Section 29 of The Arbitration And Conciliation Act, 1996 arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal ___

a. shall be made by all members
b. shall be made by 2/3 majority of its members
c. shall be made by the chief arbitrator
d. shall be made by majority of its members
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AIBE XVIII Q.71 Walkthrough

Which of the following is not a recognized alternate dispute resolution mechanism under the Code of Civil Procedure, 1908?

a. Arbitration
b. Conciliation
c. Lok Adalat
d. Negotiation
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AIBE XVIII Q.72 Walkthrough

Which of the following is incorrect statement with respect to Lok Adalat?

a. No court fee is required in Lok Adalat
b. Lok Adalat can deal with all civil & criminal matters
c. Award of Lok Adalat is a deemed decree
d. No appeal against the award of Lok Adalat is allowed
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AIBE XVIII Q.73 Walkthrough

Which of the following is incorrect with respect to arbitration agreement as per the Arbitration and Conciliation Act, 1996?

a. Arbitration agreement may be written as well as oral
b. Arbitration agreement may be in the form of a separate agreement
c. Arbitration agreement may be in the form of an arbitration clause in a contract
d. Arbitration agreement may be for all or certain disputes
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AIBE XVIII Q.74 Walkthrough

In which circumstances may an arbitrator not be challenged as per the Arbitration and Conciliation Act, 1996?

a. When justifiable doubt about independence arises
b. When justifiable doubt about impartiality arises
c. When he possesses the qualifications agreed by the party
d. When he becomes ineligible per the seventh schedule
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AIBE XIX Q.47 Walkthrough

Which of the following is a characteristic of mediation?

a. Mediator imposes binding decision
b. Neutral third party facilitates negotiation
c. Mediator acts as judge
d. Always court-ordered
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AIBE XIX Q.48 Walkthrough

A dispute arises between ABC Ltd. and XYZ Pvt. Ltd. regarding arbitration. Parties fail to agree on arbitrator. Which provision of Arbitration and Conciliation Act, 1996 applies?

a. Court appoints arbitrator under Section 11
b. Parties must mutually select an arbitrator
c. Arbitrator must be appointed by ICA
d. Appointment issue resolved by conciliation
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AIBE XIX Q.49 Walkthrough

Which of the following is not an advantage of ADR?

a. Faster than litigation
b. More confidentiality
c. Always results in binding decision
d. Less expensive than court cases
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AIBE XIX Q.50 Walkthrough

Kiran wins arbitral award; Meera refuses to pay citing irregularities. Kiran seeks court enforcement. Which ACA 1996 section applies?

a. Section 34 – challenge award
b. Section 36 – automatic enforcement unless set aside
c. Section 9 – interim relief
d. Section 11 – appointment of arbitrator
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AIBE IV Q.43 Walkthrough

The Indian Council of Arbitration was established in;

a. 1956
b. 1976
c. 1965
d. 1996
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AIBE IV Q.44 Walkthrough

Lex Arbitri means

a. Arbitral Tribunal sitting in India can abide by the Singapore Law.
b. Just Law
c. Arbitrary Law
d. None of these
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AIBE IV Q.45 Walkthrough

In India the Arbitration & Conciliation Act was enacted in

a. 1992
b. 1993
c. 1994
d. 1996
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AIBE IV Q.85 Walkthrough

Consumer Protection Act, 1986 is predominantly based on UN General Assembly resolution with due negotiations in the:

a. UNCITRAL
b. UNCTAD
c. UN ECOSOU
d. None of the above
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AIBE VI Q.13 Walkthrough

A teacher is not a workman falling under the category of Workman under Industrial Disputes Act, 1947. This was upheld in which case

a. Miss A. Sundarambal v. Government of Goa, Daman and Diu
b. Ahmedabad Pvt. Primary Teachers Association v. Administrative Officer
c. University of Delhi v. Ramnath
d. Secretary, Madras Gymkhana Club Employees’ Union v. Management of the Gymkhana.
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AIBE VI Q.17 Walkthrough

It was held by the Supreme Court of India that Preamble was not a part of the Constitution in the case of _____and this has been overruled in the case of _____

a. In re Berubari Union; Keshavananda Bharati v. State of Kerala
b. A.K. Gopalan v. State of Madras; Maneka Gandhi v. Union of India
c. Ajay Hasia v. Khalid Mujib; Som Prakash v. Union of India
d. l.C. Golaknath v. State of Punjab; Shankar Prasad v. Union of India
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AIBE VI Q.57 Walkthrough

Which provision of Hindu Marriage Act, 1955 deals with conciliation

a. Section 23
b. Section 23(2)
c. Section 23(3)
d. Section 22
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AIBE VI Q.69 Walkthrough

_______ is the process whereby interested parties resolve disputes, agree upon courses of action, bargain for individual or collective advantage, and/or attempt to craft outcomes which serve their mutual interests.

a. Expert determination
b. Arbitration
c. Conciliation
d. Negotiation
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AIBE VII Q.77 Walkthrough

In which case the Supreme Court held that Part I of the Arbitration and Conciliation Act would equally apply to international commercial arbitration held outside India, unless any or all provisions have been excluded by agreement between the parties.

a. Bhatia International v. Bulk Trading S.A.
b. United India Ins. Co. Ltd. v. Associated Transport Corporation Ltd.
c. Hakam Singh v. Gammon (India) Ltd.
d. Ajmera Brothers v. Suraj Naresh Kumar Jain
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AIBE VII Q.78 Walkthrough

Establishment of Permanent Lok Adalats is envisaged under section ______of the Legal Services Authority Act, 1987

a. 22B
b. 22A
c. 22(1)
d. 22
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AIBE VIII Q.18 Walkthrough

In State of Kamataka v. Union of India, AIR 1978 SC 68, Appointment of a commission by the Union Government under Section 3(1) of the Commission of Inquiry Act (60 of 1952) to look into the charges of corruption etc. against the Chief Minister and other Ministers of a state was challenged. It was held,

a. Arbitrary under Article 14
b. Violates federal principle
c. Jurisdiction of the Court is ousted and hence violates the Basic Structure of the Constitution
d. Federal Structure is not jeopardized
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AIBE VIII Q.19 Walkthrough

Equality is a dynamic concept with many aspects and dimensions and it cannot be “cribbed, cabined and confined” within traditional and doctrinaire limits. From a positivistic point of view, equality is antithetic to arbitrariness. In fact equality and arbitrariness are sworn enemies. This was stated in the case of-

a. Jespar & Slong v. State of Meghalaya, AIR 2004SC 3533
b. Vajravelu Mudiliar v. Special Dy Collector, AIR 1965 SC 1017
c. E.P . Royappa v. State of T.N., AIR 1974 SC555
d. In Punjab Communication Ltd. v. Union of India, 1999 (4) SCC 727
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AIBE VIII Q.47 Walkthrough

Supreme Court in _________held that irrespective of where the ‘central management and control is exercised’ by a company, companies incorporated in India, cannot choose foreign law as the governing law of their arbitration.

a. TDM Infrastructure (P) Ltd. v. UE Development India (P) Ltd.
b. Corned Chemicals Ltd. v. CN. Ramchand
c. Shreejee Traco (I) Pvt. Ltd. v. Paperline International Inc.
d. Bhatia International v. Bulk Trading
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AIBE IX Q.1 Walkthrough

The conciliation proceedings:

a. can be used as evidence in any judicial proceedings.
b. can be used as evidence only in arbitral proceedings.
c. can be used as evidence only on the discretion of the judge or arbitrator.
d. cannot be used as evidence in any judicial or arbitral proceedings
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AIBE IX Q.30 Walkthrough

The present Arbitration and Conciliation Act of 1996 is based on:

a. Constitution of India
b. Supreme Court of India guidelines
c. European Commercial Arbitration Procedure
d. UNCITRAL
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AIBE IX Q.33 Walkthrough

The provisions of the Arbitration and conciliation Act, 1996 have to be interpreted being uninfluenced by the principles underlying the 1940 Act. This observation was laid down in:

a. M.M.T.C. Ltd. v. Sterlise Industries (India) Ltd.
b. Sunderam Finance Ltd. v. N.E.P .C. Ltd.
c. Olympus Superstructures Pvt. Ltd. v. Meera Vijay
d. Orma Impex Pvt. Ltd. v. Nissari Pvt. Ltd.
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AIBE IX Q.88 Walkthrough

Which is an incorrect statement?

a. An Arbitral award is a contract
b. An Arbitral award must be in writing and signed
c. An Arbitral award included an interim award.
d. None of the above.
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AIBE X Q.1 Walkthrough

The objective of the EU Directive on mediation is:

a. Reducing back logs of cases at the courts in the member states
b. Dividing the cases between all dispute resolution methods
c. Economical reasons in times of crisis, thus ensuring that mediators will have a proper income
d. Ensuring better access to alternative dispute resolution in cross border commercial conflicts
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AIBE X Q.22 Walkthrough

In most EU member countries, which of the following is the most visible form of ADR?

a. Mediation
b. Arbitration
c. Litigation
d. Conciliation
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AIBE X Q.46 Walkthrough

Part III of Arbitration and Conciliation Act, 1996 formalizes:

a. Process of Conciliation
b. Process of Arbitration
c. Enforcement of Foreign Awards under New York and Geneva Conventions
d. All the above
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AIBE X Q.74 Walkthrough

In the Government of India Act, 1935, which subjects are included in the concurrent list?

a. Marriage
b. Divorce & Arbitration
c. Criminal Law & Procedure
d. All of the above
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AIBE XI Q.3 Walkthrough

The language which is to be used in the arbitral proceedings is decided by:

a. The Tribunal
b. Parties to decide by mutual understanding
c. The petitioner
d. The Defendant
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AIBE XI Q.4 Walkthrough

The Arbitral proceedings shall stand terminated:

a. On making of the final award
b. By an order of the arbitral tribunal
c. When the parties to the dispute agree to terminate proceedings
d. All of the above
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AIBE XI Q.6 Walkthrough

The Arbitration and Conciliation Act, 1996, Section 18-27 states:

a. The Conducting of Arbitral Proceedings
b. Receipt and Written Communications
c. Extent of judicial intervention
d. Awarding final decision
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AIBE XI Q.91 Walkthrough

Under the Evidence Act, ‘Court’ includes

a. All Judges
b. All Magistrates
c. All Arbitrators
d. (a) and (b)
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AIBE XII Q.7 Walkthrough

Which of the following is an innovative form of Alternative Dispute Resolution Mechanism:

a. Bar Council of India
b. Election Commission
c. Comptroller and Auditor General
d. Lok Adalat
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AIBE XII Q.30 Walkthrough

The Indian Legal system has evolved a new technique of Alternate Dispute Resolution which is popularly known as Lok Adalat. It owes its origin to the statutory recognition by passing of:

a. Legal Services Corporation Act, 1974
b. Legal Aid and Advice Act, 1949
c. Legal Services Authorities Act, 1987
d. None
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AIBE XII Q.49 Walkthrough

“Custodial death is perhaps one of the worst crimes in a civilised society governed by the Rule of Law.” In which case Supreme Court made this remark:

a. A.K. Gopalan v. State of Madras
b. M.C. Mehta v. Union of India
c. D.K. Basu v. State of Bengal
d. Vishakha v. State of Rajas than
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AIBE XII Q.72 Walkthrough

Section 22B of Legal Services Authority Act empower the Central and State Authorities to:

a. Abolish Lok Adalat
b. Works of Lok Adalat
c. Powers of Lok Adalat or Permanent Lok Adalat
d. None of the above
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AIBE XII Q.83 Walkthrough

Part III of Arbitration and Conciliation Act, 1996 formalises:

a. Process of Conciliation
b. Process of Arbitration
c. Enforcement of Foreign awards under New York and Geneva Conventions
d. All of the above
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AIBE XX Q.57 Walkthrough

In the absence of an agreement between the parties, the arbitration proceedings are said to have commenced under Section 21 of The Arbitration and Conciliation Act, 1996 :

a. on the date of appointment of arbitrator.
b. on the date the arbitration agreement is signed.
c. on the date the request for reference is received by the respondent.
d. on the date the arbitral tribunal issues notice.
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