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Arbitration And Conciliation Act Law 100 MCQ With Free Exam SET:-1

Q91. The term “Court” is defined under:

(A) Section 2(a)
(B) Section 2(b)
(C) Section 2(e)
(D) Section 2(d)

Answer: Section 2(e)

Q92. Is the statement of law correct that: “An Arbitrator can decide ex aequo et bono”? Tick the most appropriate answer

(A) Yes, it is always correct
(B) No, it is not correct
(C) Yes, it is correct provided only if the parties have expressly authorized the Arbitrator to do so
(D) Yes, provided the parties either expressly or impliedly authorized the Arbitrator to do so

Answer: Yes, it is correct provided only if the parties have expressly authorized the Arbitrator to do so

Q93. Which Section of the 1996 Arbitration Act permits the parties to engage in conciliation process even while the arbitral proceedings are on ?

(A) Section 30
(B) Section 10
(C) Section 40
(D) Section 20

Answer: Section 30

Q94. Which of the following is a characteristic of an arbitration:

(A) Quickness of decision
(B) Simple procedure
(C) Inexpensive
(D) All of the above

Answer: All of the above

Q95. An Arbitration clause which forms the part of contract shall be treated:

(A) Dependent upon the contract
(B) Independent of the contract
(C) Depends on the agreement between the parties to treat such a clause independent or not
(D) None of the above

Answer: Independent of the contract

Q96. Section 53 talks about the arbitration agreement:

(A) In general
(B) In specific
(C) In simplicitor
(D) None of the above

Answer: In simplicitor

Q97. While considering the grant of interim measures, the Court may see whether:

(A) The applicant has made prima facie case
(B) The balance of convenience is in his favour
(C) He would suffer irreparable injury if such measures are not granted
(D) All of the above

Answer: All of the above

Q98. An Arbitration Agreement dated 1st December, 2018 provides for reference of disputes to four arbitrators with two to be appointed by each of the parties. The Arbitration Agreement:

(A) Is void and non-actionable
(B) Is to be construed as being of reference of disputes to a sole arbitrator
(C) Is to be construed as being of reference of disputes to three arbitrators
(D) Is to be construed as being of reference of disputes to five arbitrators with the fifth arbitrator being nominated by the two arbitrators of each party

Answer: Is to be construed as being of reference of disputes to a sole arbitrator

Q99. 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. Sterlite Industries (India) Ltd.
(B) Sunderam Finance Ltd. v. N.E.P.C. Ltd.
(C) Olympus Super structures Pvt. Ltd. v. Meera Vijay
(D) Orma Impex Pvt. Ltd. v. Nissari Pvt. Ltd.

Answer: Sunderam Finance Ltd. v. N.E.P.C. Ltd.

Q100. Which of the Sections provide for the number of conciliations:

(A) Section 63
(B) Section 64
(C) Section 65
(D) Section 66

Answer: Section 63