MULTIPLE-CHOICE QUESTIONS WITH ANSWERS RELATED TO LAW OF ARBITRATION AND CONCILIATION: SALIENT FEATURE
Under the Arbitration and Conciliation Act, which institution is responsible for the appointment of arbitrators if the parties fail to agree?
a) High Court
b) Supreme Court
c) Arbitral Tribunal
d) Government
Answer: a) High Court
Which section of the Arbitration and Conciliation Act deals with the procedure for challenging an arbitrator’s independence or impartiality?
a) Section 11
b) Section 12
c) Section 13
d) Section 14
Answer: b) Section 12
What is the term used for the preliminary meeting between the parties and the arbitrator(s) to discuss procedural matters?
a) Preliminary Conference
b) Pre-Hearing Conference
c) Procedural Meeting
d) Preliminary Hearing
Answer: b) Pre-Hearing Conference
Under the Arbitration and Conciliation Act, what is the term used for the written submission of evidence by a party?
a) Witness Statement
b) Affidavit
c) Memorandum
d) Statement of Defense
Answer: a) Witness Statement
Which of the following is NOT a duty of the arbitral tribunal under the Act?
a) To conduct proceedings expeditiously
b) To maintain confidentiality of the proceedings
c) To act as legal advisors to the parties
d) To render a reasoned award
Answer: c) To act as legal advisors to the parties
What is the term used for the document by which parties appoint an arbitrator or arbitrators?
a) Arbitration Agreement
b) Arbitration Clause
c) Arbitration Instrument
d) Arbitration Mandate
Answer: d) Arbitration Mandate
Which section of the Arbitration and Conciliation Act empowers the court to grant interim measures before or during arbitral proceedings?
a) Section 9
b) Section 17
c) Section 26
d) Section 37
Answer: a) Section 9
What is the term used for the situation where parties agree to submit their existing dispute to arbitration after the dispute has arisen?
a) Retroactive Arbitration
b) Prospective Arbitration
c) Antecedent Arbitration
d) Ex Post Facto Arbitration
Answer: c) Antecedent Arbitration
Which of the following is NOT a ground for challenging the enforceability of an arbitral award under the Act?
a) The subject matter of the dispute is not capable of settlement by arbitration
b) The award deals with matters beyond the scope of the arbitration agreement
c) The arbitrator was biased or corrupt
d) The losing party disagrees with the decision
Answer: d) The losing party disagrees with the decision
Under the Arbitration and Conciliation Act, what is the term used for the formal written communication by which a party communicates its claim or defense in arbitral proceedings?
a) Memorandum of Understanding
b) Statement of Claim or Defense
c) Arbitral Notice
d) Notice of Arbitration
Answer: b) Statement of Claim or Defense
Which section of the Act provides for the appointment of substitute arbitrators if the appointed arbitrator becomes unable to perform his or her duties?
a) Section 14
b) Section 15
c) Section 16
d) Section 17
Answer: c) Section 16
What is the term used for the termination of arbitral proceedings by the arbitral tribunal?
a) Conclusion
b) Termination
c) Cessation
d) Discontinuance
Answer: a) Conclusion
Under the Arbitration and Conciliation Act, what is the time limit for filing an application to set aside an arbitral award?
a) 30 days
b) 60 days
c) 90 days
d) 120 days
Answer: c) 90 days
Which section of the Act provides for the powers of the arbitrator to grant interim measures during the arbitral proceedings?
a) Section 17
b) Section 19
c) Section 21
d) Section 23
Answer: a) Section 17
What is the term used for the legal requirement that parties must agree to resolve their disputes through arbitration?
a) Arbitration Compulsion
b) Arbitration Agreement
c) Arbitration Mandate
d) Arbitration Obligation
Answer: b) Arbitration Agreement
Under the Arbitration and Conciliation Act, what is the term used for the statement of claim and counterclaim submitted by the parties in arbitration?
a) Pleading
b) Statement of Case
c) Memorandum of Claim
d) Petition
Answer: a) Pleading
Which section of the Act allows the parties to seek assistance from the court in taking evidence?
a) Section 26
b) Section 28
c) Section 30
d) Section 32
Answer: d) Section 32
What is the term used for the process where parties agree to refer their dispute to arbitration after a dispute has arisen but before any legal action has been taken?
a) Pre-Dispute Arbitration
b) Post-Dispute Arbitration
c) Pre-Litigation Arbitration
d) Pre-Action Arbitration
Answer: b) Post-Dispute Arbitration
Which of the following is NOT a type of arbitral award recognized under the Act?
a) Partial Award
b) Final Award
c) Interim Award
d) Procedural Award
Answer: d) Procedural Award
Under the Arbitration and Conciliation Act, who bears the costs of the arbitration proceedings in the absence of an agreement between the parties?
a) Claimant
b) Respondent
c) Arbitrator
d) Parties jointly
Answer: d) Parties jointly
What is the term used for the process where the arbitrator(s) issue a decision without a full hearing and examination of evidence?
a) Summary Award
b) Expedited Award
c) Interim Award
d) Preliminary Award
Answer: b) Expedited Award
Under the Arbitration and Conciliation Act, which section provides for the grounds for refusing to enforce a foreign arbitral award?
a) Section 48
b) Section 49
c) Section 50
d) Section 51
Answer: a) Section 48
What is the term used for the written agreement by which parties agree to submit future disputes to arbitration?
a) Arbitration Accord
b) Arbitration Clause
c) Arbitration Protocol
d) Arbitration Pact
Answer: b) Arbitration Clause
Under the Arbitration and Conciliation Act, which section provides for the procedure to challenge the jurisdiction of the arbitral tribunal?
a) Section 16
b) Section 17
c) Section 18
d) Section 19
Answer: d) Section 19
What is the term used for the process where parties attempt to resolve their dispute with the assistance of a neutral third party who evaluates their positions and makes a non-binding recommendation?
a) Arbitration
b) Conciliation
c) Mediation
d) Negotiation
Answer: c) Mediation
Under the Arbitration and Conciliation Act, which section deals with the grounds for challenging the appointment of an arbitrator?
a) Section 12
b) Section 13
c) Section 14
d) Section 15
Answer: c) Section 14
What is the term used for the process where parties agree to submit their disputes to a neutral third party for a binding decision?
a) Arbitration
b) Conciliation
c) Mediation
d) Negotiation
Answer: a) Arbitration
Under the Act, what is the term used for the situation where the parties agree to refer their dispute to arbitration without any existing dispute?
a) Retroactive Arbitration
b) Prospective Arbitration
c) Pre-Dispute Arbitration
d) Antecedent Arbitration
Answer: c) Pre-Dispute Arbitration
Which section of the Act provides for the procedure for challenging the appointment of an arbitrator?
a) Section 11
b) Section 12
c) Section 13
d) Section 14
Answer: b) Section 12
Under the Arbitration and Conciliation Act, which section provides for the power of the arbitral tribunal to administer oaths to witnesses?
a) Section 17
b) Section 18
c) Section 19
d) Section 20
Answer: c) Section 19
What is the term used for the process where parties voluntarily agree to resolve their dispute through negotiation with the assistance of a neutral third party?
a) Arbitration
b) Conciliation
c) Mediation
d) Adjudication
Answer: b) Conciliation
Under the Arbitration and Conciliation Act, what is the term used for the statement of claim and defense submitted by the parties in arbitration?
a) Pleading
b) Petition
c) Complaint
d) Memorandum
Answer: a) Pleading
Which section of the Act provides for the powers of the court in relation to arbitral proceedings?
a) Section 26
b) Section 27
c) Section 28
d) Section 29
Answer: b) Section 27
What is the term used for the situation where the parties to a dispute agree to submit their dispute to arbitration after the dispute has arisen?
a) Antecedent Arbitration
b) Retroactive Arbitration
c) Prospective Arbitration
d) Post-Dispute Arbitration
Answer: d) Post-Dispute Arbitration
Under the Arbitration and Conciliation Act, who bears the costs of the arbitration proceedings?
a) Claimant
b) Respondent
c) Arbitrator
d) Parties jointly
Answer: d) Parties jointly
Which section of the Arbitration and Conciliation Act deals with the procedure for challenging an arbitrator’s independence or impartiality?
a) Section 11
b) Section 12
c) Section 13
d) Section 14
Answer: b) Section 12
What is the term used for the legal requirement that parties must agree to resolve their disputes through arbitration?
a) Arbitration Compulsion
b) Arbitration Agreement
c) Arbitration Mandate
d) Arbitration Obligation
Answer: b) Arbitration Agreement
Under the Arbitration and Conciliation Act, what is the term used for the statement of claim and counterclaim submitted by the parties in arbitration?
a) Pleading
b) Statement of Case
c) Memorandum of Claim
d) Petition
Answer: a) Pleading
Which section of the Act allows the parties to seek assistance from the court in taking evidence?
a) Section 26
b) Section 28
c) Section 30
d) Section 32
Answer: d) Section 32
What is the term used for the process where parties agree to refer their dispute to arbitration after a dispute has arisen but before any legal action has been taken?
a) Pre-Dispute Arbitration
b) Post-Dispute Arbitration
c) Pre-Litigation Arbitration
d) Pre-Action Arbitration
Answer: b) Post-Dispute Arbitration
Which of the following is NOT a type of arbitral award recognized under the Act?
a) Partial Award
b) Final Award
c) Interim Award
d) Procedural Award
Answer: d) Procedural Award
Under the Arbitration and Conciliation Act, who bears the costs of the arbitration proceedings in the absence of an agreement between the parties?
a) Claimant
b) Respondent
c) Arbitrator
d) Parties jointly
Answer: d) Parties jointly
What is the term used for the process where the arbitrator(s) issue a decision without a full hearing and examination of evidence?
a) Summary Award
b) Expedited Award
c) Interim Award
d) Preliminary Award
Answer: b) Expedited Award
Under the Arbitration and Conciliation Act, which section provides for the grounds for refusing to enforce a foreign arbitral award?
a) Section 48
b) Section 49
c) Section 50
d) Section 51
Answer: a) Section 48
What is the term used for the written agreement by which parties agree to submit future disputes to arbitration?
a) Arbitration Accord
b) Arbitration Clause
c) Arbitration Protocol
d) Arbitration Pact
Answer: b) Arbitration Clause
Under the Arbitration and Conciliation Act, which section provides for the procedure for challenging the jurisdiction of the arbitral tribunal?
a) Section 16
b) Section 17
c) Section 18
d) Section 19
Answer: d) Section 19
What is the term used for the process where parties agree to submit their disputes to a neutral third party for a binding decision?
a) Arbitration
b) Conciliation
c) Mediation
d) Negotiation
Answer: a) Arbitration
Under the Act, what is the term used for the situation where the parties agree to refer their dispute to arbitration without any existing dispute?
a) Retroactive Arbitration
b) Prospective Arbitration
c) Pre-Dispute Arbitration
d) Antecedent Arbitration
Answer: c) Pre-Dispute Arbitration
Which section of the Act provides for the procedure for challenging the appointment of an arbitrator?
a) Section 11
b) Section 12
c) Section 13
d) Section 14
Answer: b) Section 12
Under the Arbitration and Conciliation Act, which section provides for the power of the arbitral tribunal to administer oaths to witnesses?
a) Section 17
b) Section 18
c) Section 19
d) Section 20
Answer: c) Section 19