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

Q41. An application for setting aside the Arbitral Award is filed under:

(A) Section 32 of the Arbitration and Conciliation Act, 1996
(B) Section 33 of the Arbitration and Conciliation Act, 1996
(C) Section 34 of the Arbitration and Conciliation Act, 1996
(D) Section 37 of the Arbitration and Conciliation Act, 1996

Answer: Section 34 of the Arbitration and Conciliation Act, 1996

Q42. If there is any computation, clerical or typographical errors of a similar nature accruing in the award, then the arbitral tribunal may correct it:

(A) On its own initiative, within 30 days from the date of the arbitral award
(B) At the request of a party, within 30 days from the receipt of such request
(C) Either (A) or (B)
(D) None of the above

Answer: Either (A) or (B)

Q43. A nomination of an arbitrator is made by a person who is himself ineligible to act as an arbitrator under section 12(5) read with the seventh schedule to be Arbitration and Conciliation Act, 1996. In such a case

(A) The nominee cannot act as an arbitrator
(B) Such a nomination would be void ab initio
(C) Both (A) and (B)
(D) Such nomination is valid

Answer: Both (A) and (B)

Q44. Which of the following is incorrect statement:

(A) Like arbitration, conciliation is also another means of setting disputes
(B) Like arbitration, prior agreement in writing is required in conciliation
(C) Like arbitration, third person is chosen by the parties to resolve the disputes
(D) None of the above

Answer: Like arbitration, prior agreement in writing is required in conciliation

Q45. The arbitral tribunal has the jurisdiction to

(A) Award interest on the whole or part of the money
(B) Award interest on the whole of the money only
(C) Award interest on part of the money only
(D) Either (B) or (C)

Answer: Award interest on the whole or part of the money

Q46. An international commercial arbitration is an arbitration where at least one of the parties is

(A) A body corporate incorporated in any country other than India
(B) A body of individuals whose central management and control is exercised in any country other than India
(C) The Government of a foreign country
(D) All these

Answer: All these

Q47. Which among the following statements is/are correct with respect to Arbitral proceedings ?

1. The Arbitral Tribunal can not determine relevance of any evidence

2. The parties are free to agree on the procedure to be followed.

Select the correct answer using the given below:

(A) 1 only
(B) 2 only
(C) Both 1 and 2
(D) Neither 1 or 2

Answer: Both 1 and 2

Q48. Section 53 has limited application because:

(A) It applies to the jurisdiction of different parties to the New York Convention
(B) It applies to the jurisdiction of different parties to the Geneva Convention
(C) It applies to the jurisdiction of domestic land
(D) None of the above

Answer: It applies to the jurisdiction of different parties to the Geneva Convention

Q49. If an award involving the value of one hundred rupees and upwards and concerning immovable property is not registered then:

(A) Also it is admissible as evidence
(B) It will be inadmissible as evidence
(C) None of the above
(D) Admissible as an evidence with the approval of Court

Answer: It will be inadmissible as evidence

Q50. Section 12(3) provides the ground for challenging to the arbitrator when:

(A) He is not independent or impartial
(B) He is a foreign national
(C) He is not qualified as per agreement between the parties
(D) Both (A) and (C)

Answer: Both (A) and (C)