Arbitration and Conciliation

Arbitration and Conciliation Act, 1996
Preliminary Questions
1. The Arbitration and Conciliation Act of 1996 provides:
a) Domestic Arbitration c) State Arbitration
b) International Arbitration d) Both (a) and (b)
2. In which Section of Arbitration and Conciliation Act of 1996 arbitration is

defined:
a) Section 2(1)(b) c) Section 2(1)(a)
b) Section 2(1)(c) d) None of the above
3. As per the Arbitration and Conciliation Act of 1996 arbitration agreement

shall be in:
a) Oral c) Both oral and writing
b) Writing d) No form
4. In which Section of Arbitration and Conciliation Act of 1996, the Act leaves
the number of Arbitrator to be appointed on the free will of the parties to the
arbitration agreement but puts a restriction that shall not be an even number:
a) Section 10(3) c) Section 10(1)
b) Section 10(2) d) None of the above
5. An arbitral award becomes enforceable when:

a) The time for making an application for settling aside the arbitral award has
expired and no such application has been made.
b) An application for settling aside the arbitral award has been refused
c) Either (a) or (b)
d) Neither (a) or (b)
6. The arbitral tribunal shall not be bound by:
a) Code of Civil Procedure Code, 1908
b) Indian Evidence Act, 1872
c) Both (a) and (b)
d) None of the above
7. The expression “current rate of interest” shall have the same meaning as
assigned to it under:
a) Section 2(b) of the Interest Act, 1978
b) Section 2(a) of the Interest Act, 1978
c) Section 2(d) of the Interest Act, 1978
d) Section 2(c) of the Interest Act, 1978
8. What is the meaning of “lex loci arbiri”
a) law of the place where suit is to take place
b) law of the place where arbitration is to take place
c) Both of (a) and (b)
9. In which of the following cases it was held that by virtue of section 36, it
was impermissible to pass an Order directing the losing party to deposit any
part of the award into Court:
a) National Aluminum CO. Ltd. V. Pressteel & Fabrications
b) Bharat Rasiklal v. Gautam Rasiklal, 2012
c) Both (a) and (b)
10.Which is the incorrect statement?
a) Arbitration agreement is a kind of contract
b) Parties to the arbitration must be legal person
c) Arbitration agreement recognize verbal agreement
d) Both (b) and (c) are incorrect
11.What are the conditions for commencement of conciliation proceedings?
a) The party to initiating conciliation shall send to the party a written
invitation to conciliate briefly identifying the subject of the dispute.
b) The party initiating conciliation should receive a reply within thirty days
from the date on which he sends the invitation to other party.
c) Acceptance writing the invitation to conciliate by the other party, if the
other party rejects the invitation, there will be no conciliation
proceedings
d) All the options are correct.
12.The purpose of the arbitration is to provide quick redressal to by private
arbitration.
a) Family disputes
b) Service disputes
c) Commercial disputes
d) Political disputes
13. When the conciliator receives factual information concerning the dispute
from a party
a) He shall disclose the substance of that information to the other party.
b) He shall not disclose the substance of that information to the other party.
c) He shall or shall not disclose the substance of that information to the
other party, depends upon his discretion.
14.An arbitration agreement providing for arbitration of four arbitrators is,
under the Arbitration and Conciliation Act of 1996 to be construed as an
agreement for arbitration by:
a) Sole arbitrator
b) Five arbitrators
c) Three arbitrators
d) Four arbitrators
15. Who can appoint the arbitrator pursuant to an Arbitration Agreement of
reference of disputes to a sole arbitrator:
a) The parties to the Arbitration Agreement or the person/ body if any
mentioned in the Arbitration Agreement.
b) Court or any person or institution designated by such court.
c) Chief Justice of the High Court as the case may be.
d) Both (a) and (b)
16. An Arbitral award pursuant to an Arbitration Agreement dated 1 st
November, 2015 can be set aside under:
a) Section 13 of the Arbitration and Conciliation Act.
b) Section 20 of the Arbitration Act.
c) Section 34 of the Arbitration and Conciliation Act.
d) Section 15 & 30 of the Arbitration Act.
17. Which of the following is an essential not an essential condition for an
arbitration agreement as per Section 7 of the Arbitration and Conciliation
Act, 1996?
a) The agreement must be registered.
b) The agreement must be submit to arbitration all or certain disputes which
may arise in respect of a defined relationship whether contractual or not.
c) The arbitration agreement must be in writing.
d) None of the above.
18. If the award is made within a period of from the date the arbitral tribunal
enters upon the reference, the arbitral tribunal shall be entitled to receive
such amount of additional fees as the parties may agree:
a) Six Months
b) Twelve Months
c) Three Months
d) Nine Months
19. Part II of the Arbitration and Conciliation, 1996 relates to:
a) Enforcement of domestic awards
b) Enforcement of certain foreign awards
c) Appel against the order setting aside or refusing to set aside an arbitral
award under section 34
d) None of these
20. The mandate of an arbitrator shall:
a) be terminated by the death of any party by whom he was appointed.
b) be terminated by the death of the counter party.
c) not be terminated by the death of any party by whom he was
appointed.
d) None of the above.
MAINS QUESTIONS
1. The court cannot make a roving and sifting investigation of the record and
proceedings before the arbitrator and constitute itself a regular court of
appeals from the award. Discuss.
2. Is the arbitration proceeding governed by the code of civil procedure?

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Arbitration and Conciliation Act, 1996

2. In which Section of Arbitration and Conciliation Act of 1996 arbitration is

3. As per the Arbitration and Conciliation Act of 1996 arbitration agreement

5. An arbitral award becomes enforceable when:

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