ADR MCQ 1 to 40
The pendency of any arbitral proceeding is not a precondition in exercise of power by the court. The court may grant interim relief before or during arbitral proceedings, or any time after making the arbitral award, before it is enforced. It was held in the case of
Om Prakash Vs. State of Uttar Pradesh
Global Co-generation Power Ltd Vs. Shri Hirenyakeshi Sahkari Karkhana
MCD Vs. Pradeep Oil Mills Pvt. Ltd.
Jamnadas Namdarian Vs. S B Jindal
An arbitration agreement specifying even number of arbitrators cannot be the sole ground to render arbitration agreement invalid - this was laid down in the case of
Grid Corporation of Orissa Ltd., Vs. Indian Charge Chrome
KK Modi Vs. KN Modi
MMTC Ltd. Vs. Sterlite Industries (India) Ltd
Sundaram Finance Ltd. Vs. NEPC India Ltd
The contract which contained the Arbitration Agreement was invalid. Will the Arbitration Agreement be invalidated by this mere fact as well?
Yes, as it is a part of the agreement to which consent is given
No, as it is not part of the agreement, as Arbitration Agreement shall be made and agreed to separately
No, as there is ‗Doctrine of Separability‘ which allows both Contracts to perform independently
Yes, as it cannot be considered a separate part
Which of these is a condition for which compulsory arbitration is imposed on the disputing parties?
When an industrial dispute is apprehended/
Disputing parties fail to arrive at a settlement by a voluntary method
The issue of the dispute should be mentioned in the arbitration agreement
When the commercial dispute is apprehended
In a case relating to arbitration, the arbitral award was remitted under 'Section 16' of the Arbitration Act, 1940. The date of award was 1 June, 1992. The Arbitration and Conciliation Act came into force on 22 August, 1996. The validity of the award can be challenged under the
Limitation Act, 1963
General Clauses Act, 1897
Arbitration Act, 1940
Arbitration and Conciliation Act, 1996
Ad-hoc arbitration can be sought
When parties incorporate arbitration clause as a part of the agreement
When a dispute between parties could not be settled through mediation or conciliation
When the parties agree to submit to arbitration ‗all or any‘ differences which have arisen or may arise
When a party chooses to only refer to arbitration
The term 'fairness‘ embodies
The concept of justice
The concept of equality
The concept of being unbiased
The concept of trueness
At what time is an Additional Award made
After Settlement Award but before expiry of 30 days thereof
After Interim Award but before Final Award
After Final Award but before expiry 30 days thereof
After Interim Award but before expiry of 30 days thereof
In which case the court observed irregularities in procedure, acquiesced is without the demur, would preclude a party both from challenging the appointment of the arbitrator and challenging the award at a later stage when it finds that the award is not convenient for it
Rolland Vs. Cassidy
Indrajit Singh Vs. Mirza Jaliluddin Baig
Srinivas Pai Vs. HV Pai
JK Jain Vs. DDA
The provisions of 'Section 8' of the ―Arbitration and Conciliation Act, 1996‖ are
Pre-emptory
Directory
Discretionary
Optional
The delay in making an application for setting aside the arbitral award under 'Section 34'
Cannot be condoned
Can be condoned for a maximum period of 30 days
Can be condoned for a maximum period of 60 days
Can be condoned for a maximum period of 90 days
In which case it was said that the question whether the party be referred to arbitration can rise only at the first instance of an opponent or defendant
Kalpana Kothari Vs. Sudha Yadav
Ardy International (P) Ltd., Vs. Inspiration Clothes and U
Waverly Jute Mills Co. Ltd. Vs. Raymon and Co.
Yogi Agrawal Vs. Inspiration Clothes and u
In which case it was observed that where the parties have agreed to refer dispute to arbitration, the court should as far as possible, give an opportunity to resolve disputes through arbitration rather than judicial adjudication
State of Punjab Vs. Geeta Iron and Brass Works
Adhunik Steel Ltd., Vs. Orissa Manganese and Mineral (P) Ltd.
P Anand Gajapathi Vs. Raju
Cassidy Vs. Mathew
The arbitrator in case of international commercial arbitration is appointed by
High Courts themselves
Attorney General of India
Chief Justice of India
Judge of the Supreme Court
Arbitral proceedings commences
On the date on which a Request for a dispute to be referred to arbitration is received by the respondent
On the date when the respondent gives consent to the appointment of the arbitrator
On the date when the arbitrator issued notice to the parties
On the date when the statement of claim and written submission of difference is made
The definition of ‗Arbitral Tribunal‘ under the ―Arbitration and Conciliation Act, 1996‖ means
Sole arbitrator, or a panel of arbitrators
Sole arbitrator only
Panel of arbitrators only
Presiding officer
__________ has criticised compulsory arbitration on four main grounds./
Alexander Frey
V.V. Giri
Mahatma Gandhi
American Labour Movement
Arbitration Clause‘ Arbitration Agreement makes the following disputes available to Arbitration
Disputes arising after making the Agreement
Disputes arisen before making the Agreement
Disputes arising in International Commercial Arbitration
Disputes arising for values less than 10% of turnover
Mr Abhay and Mr Survnan had appointed an arbitrator Mr Solanki for their present dispute. Mr. Abhay submitted statement of claim. What would be the position, if Mr Suvarna fails to submit statement of defence to the arbitrator
The Arbitration process ceases
The Arbitration process may be adjourned
May pass ex parte order
Give further time limit
The defendant defending his claim and counter claim did not appear on one particular date the arbitrator proceeded ex parte, the defaulting party was not given an opportunity to explain the reasons of his absence. On what ground can you set aside the exparte award
The party was under some incapacity
Arbitraton Agreement not valid
Acted against principle of Natural Justice
Arbitrator was bias
ADR stands for_____
Automated Discovery Response
Alternate Dispute Resolution
Exact Dispute Resolution
Automated Dispute Resolution
Mediation is not____
Recognized by legislation in India
Recognized as an alternate dispute resolution mechanism for all disputes in India
Recognized as an alternate dispute resolution mechanism for certain kinds of disputes approved by legislation
Not an alternative dispute resolution mechanism
Conciliation proceeding come to an end when_____
It appears to the conciliator that there exists the possibility of a settlement
The conciliator formulates the terms of a settlement
The parties along with the conciliator draw up a plan for settlement
The settlement agreement signed by the parties comes into existence
In ____________, a neutral third party assists the disputing parties in reaching a settlement of their dispute.
Arbitration
Mediation
Negotiation
Infiltration
The number of conciliators, unless otherwise agreed by the parties, shall _____
Not be even
Be even
One
Three
Which of the following matters cannot be referred to ADR?
Customer complaints
Civil cases
Criminal cases
Cases of trade disputes
A mediator should not have which of the following qualities ?
Prejudiced
Flexible
Permissive
Imaginative
A dispute resolution method where a person facilitates parties to exchange information, ideas and possible alternative solutions
Arbitration
Negotiation
Mediation
Itigation
In the Arbitration & Conciliation Act, 1996, Conciliation is covered in -------------.
Part 1 of the Act
Part 2 of the Act
Part 3 of the Act
Part 4 of the Act
Which of the following model law was used by the Indian Arbitration and conciliation Act 1996?
Constitution of India
Guidelines of Supreme Court of India
European Commercial Arbitration Procedure
UNCITRAL, 1985
Which of the following is not a type of conciliation-
Voluntary
Contractual
Compulsory
Local
Lok adalat introduced in -----------.
1982
1984
1986
1983
Award of Lok adalat is –
Final
Not binding on the parties
Final and binding on the parties
Unreasonable
The Legal Services Authorities Act, came into force on_____?
10 October 1996
19 November 1987
19 November 1995
1 January 1999.
Which section of the arbitration and conciliation act 1996 deal with the Arbitration agreement?
Section 5
Section 14
Section 12
Section 7
The term ―'International Commercial Arbitration' is defined under---
Section 2 (f)
Section 2 (b)
Section 2 (c)
Section 2 (d)
Recourse to a Court against an Arbitral Award may be made only if----------
Party to the dispute is not happy with the award
Even number of arbitrators were appointed by the parties
A party was unable to present his case
The party is not satisfied with the award passed
In case of three arbitrators, the ‗third arbitrator‘ shall act as------
An umpire
A Presiding Arbitrator
Sole arbitrator
Assistant Arbitrator
After the arbitral award is made, each party shall be delivered-----
The original award
A signed copy of the award
A photocopy of the award
An unsigned copy of the award
ADR is known for ---------------------
Peaceful settlement of dispute
Complications
Proper
Right
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