100 MULTIPLE-CHOICE QUESTIONS WITH ANSWERS RELATED TO LAW OF ARBITRATION AND CONCILIATION
Which of the following is a primary objective of the Arbitration and Conciliation Act?
A) Mandating litigation over arbitration
B) Encouraging alternative dispute resolution
C) Discouraging settlements
D) None of the above
Answer: B) Encouraging alternative dispute resolution
Who can appoint an arbitrator under the Arbitration and Conciliation Act?
A) Only the court
B) Only one party in dispute
C) Both parties to the dispute by mutual consent
D) Arbitrators are self-appointed
Answer: C) Both parties to the dispute by mutual consent
The seat of arbitration determines:
A) The nationality of the arbitrator
B) The procedural law governing the arbitration
C) The language of the arbitration proceedings
D) The subject matter of the dispute
Answer: B) The procedural law governing the arbitration
What grounds can an arbitral award be challenged on?
A) Disagreement between parties
B) The arbitrator’s personal opinions
C) Violation of public policy or procedural irregularities
D) Failure to reach a unanimous decision
Answer: C) Violation of public policy or procedural irregularities
What principle empowers arbitrators to decide on their own jurisdiction?
A) Autonomy of the arbitration agreement
B) Separability of the arbitration clause
C) Kompetenz-kompetenz
D) Judicial intervention
Answer: C) Kompetenz-kompetenz
What distinguishes arbitration from conciliation?
A) Arbitration involves a neutral party making a binding decision, while conciliation involves voluntary settlement facilitation.
B) Conciliation involves a judge’s intervention, while arbitration doesn’t.
C) Arbitration is a more time-consuming process than conciliation.
D) Conciliation is a legally binding process, while arbitration is not.
Answer: A) Arbitration involves a neutral party making a binding decision, while conciliation involves voluntary settlement facilitation.
Which entity governs the Arbitration and Conciliation Act in India?
A) Ministry of Justice
B) Supreme Court of India
C) Law Commission of India
D) Parliament
Answer: D) Parliament
What is the maximum number of arbitrators that can be appointed according to the Arbitration and Conciliation Act?
A) Three
B) Five
C) Seven
D) There is no specified limit
Answer: D) There is no specified limit
Which of the following is NOT a characteristic of a valid arbitration agreement?
A) It must be in writing
B) It must be signed by both parties
C) It must include an exact resolution for the dispute
D) It must deal with a present or future dispute
Answer: C) It must include an exact resolution for the dispute
In which year was the Arbitration and Conciliation Act enacted in India?
A) 1991
B) 1996
C) 2000
D) 2005
Answer: B) 1996
Under the Arbitration and Conciliation Act, who has the power to grant interim measures?
A) Only the arbitrator
B) Only the court
C) Both the arbitrator and the court
D) Only the government
Answer: C) Both the arbitrator and the court
What does the term “ad hoc arbitration” refer to?
A) Arbitration conducted by an administrative body
B) Arbitration conducted without institutional rules
C) Arbitration conducted only in domestic disputes
D) Arbitration conducted by the government
Answer: B) Arbitration conducted without institutional rules
What is the significance of the New York Convention in the context of arbitration?
A) It governs international trade laws
B) It sets guidelines for domestic arbitration
C) It facilitates the recognition and enforcement of arbitral awards internationally
D) It is related to conciliation proceedings
Answer: C) It facilitates the recognition and enforcement of arbitral awards internationally
In case of a conflict between the Arbitration and Conciliation Act and any other law, which law prevails?
A) Arbitration and Conciliation Act
B) Other law
C) The law of the country where arbitration is conducted
D) The law chosen by the arbitrators
Answer: A) Arbitration and Conciliation Act
Which section of the Arbitration and Conciliation Act deals with the enforcement of foreign awards in India?
A) Section 44
B) Section 48
C) Section 54
D) Section 62
Answer: B) Section 48
What is the time limit to challenge an arbitral award in India under the Arbitration and Conciliation Act?
A) 30 days
B) 60 days
C) 90 days
D) 120 days
Answer: C) 90 days
Which of the following is NOT a ground for setting aside an arbitral award under the Arbitration and Conciliation Act?
A) Lack of jurisdiction
B) Incorrect decision by the arbitrator
C) Procedural irregularity
D) Contrary to public policy
Answer: B) Incorrect decision by the arbitrator
Who can challenge the appointment of an arbitrator under the Arbitration and Conciliation Act?
A) Any party to the arbitration agreement
B) Only the respondent in the dispute
C) Only the petitioner in the dispute
D) Only the court
Answer: A) Any party to the arbitration agreement
In India, which court has jurisdiction over matters related to arbitration and conciliation under the Arbitration and Conciliation Act?
A) High Court
B) District Court
C) Supreme Court
D) Arbitration Tribunal
Answer: C) Supreme Court
What does the term “arbitrable dispute” mean?
A) A dispute that can only be settled through arbitration
B) A dispute that cannot be settled through arbitration
C) A dispute that involves a third party
D) A dispute that can be settled through arbitration as per law
Answer: D) A dispute that can be settled through arbitration as per law
What role does the UNCITRAL Model Law play in arbitration?
A) It sets guidelines for domestic arbitration
B) It harmonizes international arbitration laws
C) It focuses on conciliation procedures
D) It defines the qualifications for arbitrators
Answer: B) It harmonizes international arbitration laws
Under the Arbitration and Conciliation Act, what is the time limit for rendering an arbitral award?
A) 6 months
B) 9 months
C) 12 months
D) 18 months
Answer: C) 12 months
Which section of the Arbitration and Conciliation Act deals with the appointment of arbitrators in case of failure of appointment procedure?
A) Section 11
B) Section 15
C) Section 29A
D) Section 34
Answer: A) Section 11
What is the term used for a situation where an arbitrator is unable to perform their functions under the Arbitration and Conciliation Act?
A) Disqualification
B) Incapacity
C) Recusal
D) Incompatibility
Answer: B) Incapacity
Which of the following statements is correct regarding the competence of the Arbitration and Conciliation Act in India?
A) It applies only to commercial disputes
B) It applies to both domestic and international disputes
C) It applies only to disputes between companies and individuals
D) It applies to criminal disputes
Answer: B) It applies to both domestic and international disputes
What is the principle of “party autonomy” in arbitration?
A) Parties have the freedom to choose the arbitrator’s nationality
B) Parties have the freedom to decide the applicable law and procedure
C) Parties have the freedom to ignore the arbitration agreement
D) Parties have the freedom to delay the arbitration proceedings
Answer: B) Parties have the freedom to decide the applicable law and procedure
In the context of arbitration, what does the term “ex aequo et bono” mean?
A) Based on the terms of the contract
B) Based on the law of equity
C) Based on mutual consent
D) Based on fairness and good conscience
Answer: D) Based on fairness and good conscience
Which of the following is NOT an advantage of arbitration over litigation?
A) Confidentiality
B) Speedy resolution
C) Lack of enforceability
D) Flexibility in procedure
Answer: C) Lack of enforceability
What is the primary role of the International Centre for Alternative Dispute Resolution (ICADR)?
A) Promoting mediation in international disputes
B) Providing training and research in alternative dispute resolution
C) Resolving disputes between countries
D) Publishing guidelines for arbitration
Answer: B) Providing training and research in alternative dispute resolution
Which section of the Arbitration and Conciliation Act governs the definition and form of an arbitration agreement?
A) Section 7
B) Section 10
C) Section 17
D) Section 21
Answer: A) Section 7
What is the term for an agreement to submit disputes to arbitration after the dispute has arisen?
A) Pre-dispute arbitration clause
B) Post-dispute arbitration clause
C) Bilateral arbitration agreement
D) Unilateral arbitration agreement
Answer: B) Post-dispute arbitration clause
Which authority has the power to issue interim measures in arbitration under the Arbitration and Conciliation Act?
A) Arbitration Tribunal
B) High Court
C) Supreme Court
D) Only the government
Answer: A) Arbitration Tribunal
What is the doctrine that prevents parties from re-litigating matters already settled by arbitration called?
A) Res judicata
B) Forum non conveniens
C) Stare decisis
D) Laches
Answer: A) Res judicata
Under the Arbitration and Conciliation Act, what is the time limit for making an application for setting aside an arbitral award?
A) 60 days
B) 90 days
C) 120 days
D) 180 days
Answer: B) 90 days
Which section of the Arbitration and Conciliation Act deals with the confidentiality of arbitral proceedings?
A) Section 28
B) Section 32
C) Section 44
D) Section 58
Answer: B) Section 32
What is the term used to describe the process where parties in dispute request a third party to assist in the resolution of their dispute without rendering a decision?
A) Arbitration
B) Mediation
C) Adjudication
D) Conciliation
Answer: D) Conciliation
Which of the following is NOT a requirement for an arbitration agreement to be valid under the Arbitration and Conciliation Act?
A) It must be in writing
B) It must be signed by both parties
C) It must be notarized
D) It must contain the subject matter of the dispute
Answer: C) It must be notarized
What is the term for the decision made by an arbitrator at the end of an arbitration process?
A) Judgment
B) Verdict
C) Award
D) Ruling
Answer: C) Award
Which section of the Arbitration and Conciliation Act empowers the tribunal to order the enforcement of interim measures?
A) Section 17
B) Section 28
C) Section 17(2)
D) Section 37
Answer: C) Section 17(2)
What is the term used for an agreement to refer a present dispute to arbitration?
A) Pre-dispute arbitration clause
B) Post-dispute arbitration clause
C) Bilateral arbitration agreement
D) Unilateral arbitration agreement
Answer: A) Pre-dispute arbitration clause
In arbitration, what is the role of an amicus curiae?
A) An expert witness appointed by the court
B) A neutral third party appointed by both parties
C) A friend of the court who provides expertise or advice
D) A mediator facilitating communication between parties
Answer: C) A friend of the court who provides expertise or advice
Under the Arbitration and Conciliation Act, who bears the burden of proof in arbitration proceedings?
A) Only the claimant
B) Only the respondent
C) Both parties equally
D) As per the discretion of the arbitrator
Answer: C) Both parties equally
Which section of the Arbitration and Conciliation Act deals with the grounds for challenging an arbitrator’s impartiality?
A) Section 13
B) Section 22
C) Section 30
D) Section 51
Answer: A) Section 13
What is the term used for a situation where an arbitrator resigns or is removed during the arbitration process?
A) Substitution
B) Abatement
C) Vacancy
D) Recusal
Answer: C) Vacancy
Which section of the Arbitration and Conciliation Act defines the power of an arbitrator to grant interim measures?
A) Section 9
B) Section 17
C) Section 29
D) Section 37
Answer: B) Section 17
What is the term used for an arbitration conducted by an institution that administers the arbitration process?
A) Institutional arbitration
B) Ad hoc arbitration
C) Uncodified arbitration
D) Non-institutional arbitration
Answer: A) Institutional arbitration
Under the Arbitration and Conciliation Act, what is the time limit for submitting statements of claim and defense in arbitration?
A) 30 days
B) 60 days
C) 90 days
D) 120 days
Answer: C) 90 days
Which section of the Arbitration and Conciliation Act deals with the recognition and enforcement of foreign awards?
A) Section 45
B) Section 49
C) Section 53
D) Section 61
Answer: A) Section 45
In arbitration, what does the term “seat” refer to?
A) The physical location where the arbitration hearings are held
B) The decision of the arbitrator
C) The language used during the arbitration process
D) The authority of the arbitrator
Answer: A) The physical location where the arbitration hearings are held
Which section of the Arbitration and Conciliation Act empowers the tribunal to award interest on the principal amount in dispute?
A) Section 31
B) Section 34
C) Section 37
D) Section 31A
Answer: D) Section 31A
What is the term used for an agreement that limits the time within which a party can make a claim?
A) Limitation clause
B) Arbitration clause
C) Time-bar clause
D) Exclusion clause
Answer: C) Time-bar clause
Under the Arbitration and Conciliation Act, which entity has the power to determine the jurisdiction of the arbitral tribunal?
A) High Court
B) Supreme Court
C) Arbitral Tribunal
D) Law Commission of India
Answer: C) Arbitral Tribunal
Which section of the Arbitration and Conciliation Act deals with the assistance of the court in taking evidence in arbitration proceedings?
A) Section 19
B) Section 24
C) Section 27
D) Section 32
Answer: C) Section 27
What is the term used for a written record of the arbitral proceedings?
A) Minutes of the meeting
B) Arbitration report
C) Statement of claim
D) Award
Answer: A) Minutes of the meeting
Under the Arbitration and Conciliation Act, who has the power to appoint a substitute arbitrator if an arbitrator withdraws from the proceedings?
A) High Court
B) Supreme Court
C) Arbitration Tribunal
D) The withdrawing arbitrator
Answer: A) High Court
What is the term used for a situation where the parties mutually agree to terminate the arbitration proceedings?
A) Abandonment
B) Termination
C) Settlement
D) Discontinuation
Answer: C) Settlement
Which section of the Arbitration and Conciliation Act deals with the extension of the time limit for making an arbitral award?
A) Section 28
B) Section 32
C) Section 34
D) Section 38
Answer: D) Section 38
Under the Arbitration and Conciliation Act, what is the time limit for an arbitral tribunal to render a final award after completion of the hearings?
A) 6 months
B) 9 months
C) 12 months
D) 18 months
Answer: C) 12 months
What is the term used for an agreement between parties to submit their disputes to an expert who renders an opinion on the issue?
A) Mediation
B) Adjudication
C) Expert determination
D) Conciliation
Answer: C) Expert determination
Under the Arbitration and Conciliation Act, which entity has the power to grant interim measures before the commencement of arbitration proceedings?
A) High Court
B) Supreme Court
C) Arbitration Tribunal
D) Law Commission of India
Answer: A) High Court
What is the term used for the authority of an arbitrator to decide the scope of their own jurisdiction?
A) Kompetenz-kompetenz
B) Jurisdictional prerogative
C) Arbitral sovereignty
D) Tribunal autonomy
Answer: A) Kompetenz-kompetenz
Under the Arbitration and Conciliation Act, which section deals with the termination of the arbitral proceedings?
A) Section 30
B) Section 33
C) Section 38
D) Section 41
Answer: B) Section 33
What is the term used for the principle where an arbitrator applies legal rules and principles to the dispute?
A) Ex aequo et bono
B) Lex fori
C) Lex mercatoria
D) Lex arbitri
Answer: D) Lex arbitri
Under the Arbitration and Conciliation Act, who bears the costs of arbitration?
A) Only the claimant
B) Only the respondent
C) Both parties equally
D) As per the discretion of the arbitrator
Answer: C) Both parties equally
Which section of the Arbitration and Conciliation Act deals with the language of the arbitration proceedings?
A) Section 26
B) Section 30
C) Section 33
D) Section 40
Answer: A) Section 26
What is the term used for the situation where an arbitrator has a personal interest in the outcome of the arbitration?
A) Partiality
B) Bias
C) Conflict of interest
D) Impartiality
Answer: C) Conflict of interest
Under the Arbitration and Conciliation Act, who has the power to determine the procedure to be followed in the arbitration proceedings?
A) Arbitration Tribunal
B) High Court
C) Supreme Court
D) Government-appointed arbitrator
Answer: A) Arbitration Tribunal
What is the term used for an agreement where the parties agree to settle their disputes through arbitration after a dispute has arisen?
A) Pre-dispute arbitration clause
B) Post-dispute arbitration clause
C) Bilateral arbitration agreement
D) Unilateral arbitration agreement
Answer: B) Post-dispute arbitration clause
Under the Arbitration and Conciliation Act, who has the power to make orders for the appearance of witnesses or the production of documents?
A) Arbitration Tribunal
B) High Court
C) Supreme Court
D) Government-appointed arbitrator
Answer: A) Arbitration Tribunal
What is the term used for an agreement between parties to resolve their disputes through an expert’s determination, whose decision is binding?
A) Expert determination
B) Mediation
C) Conciliation
D) Adjudication
Answer: A) Expert determination
Under the Arbitration and Conciliation Act, what is the time limit for making an application for setting aside an arbitral award?
A) 60 days
B) 90 days
C) 120 days
D) 180 days
Answer: B) 90 days
Which section of the Arbitration and Conciliation Act deals with the form and content of the arbitral award?
A) Section 31
B) Section 34
C) Section 38
D) Section 41
Answer: A) Section 31
