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

Q51. An arbitration agreement:

(A) Shall be in writing
(B) May be in writing or Oral
(C) Can be implied from the conduct of the parties
(D) None of the above

Answer: Shall be in writing

Q52. An arbitral award may be set aside on proof that;

1. a party was under some incapacity.

2. the arbitration agreement was not valid.

3. the party was unable to present his case as he was not duly served.

4. the award dealt with the partial fact forming submission before the arbitration.

Select the correct answer using the given below:

(A) 2 and 4 only
(B) 1, 2 and 3 only
(C) 1 and 3 only
(D) 1, 2, 3 and 4

Answer: 1, 2 and 3 only

Q53. The ‘Principle of Co-operation’ is laid down under:

(A) Section 71
(B) Section 70
(C) Section 69
(D) None of the above

Answer: Section 71

Q54. Which is incorrect statement:

(A) Court’ means principal Civil Court of original jurisdiction in a district
(B) Court’ also includes any court of a grade inferior to principal Civil Court or any Small Causes Court
(C) ‘Court’ also includes High Court in exercise of its ordinary original civil jurisdiction
(D) None of the above

Answer: Court’ also includes any court of a grade inferior to principal Civil Court or any Small Causes Court

Q55. A non signatory to the arbitration agreement can be made party to arbitration proceedings

(A) Always
(B) Never
(C) Under some circumstances/grounds
(D) Only on the applicationof such non signatory

Answer: Under some circumstances/grounds

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Q56. Which is the incorrect statement:

The High Court before appointing an arbitrator, shall have due regard to-

(A) Qualifications required of the arbitrators by the agreement of the parties
(B) Nationality of the arbitrator
(C) Other considerations which are likely to secure the appointment of an impartial arbitrator
(D) None of the above

Answer: Nationality of the arbitrator

Q57. Scope and object of section 8 of the Arbitration and Conciliation Act, 1996

(A) The same as that of section 34 of the Arbitration Act, 1940
(B) Different from that of section 34 of the Arbitration Act, 1940
(C) Same or different from that of section 34 of the Arbitration Act, 1940, depending on the facts and circumstances of the case
(D) Either (A) or (C)

Answer: Different from that of section 34 of the Arbitration Act, 1940

Q58. Every Award of a Lok Adalat is deemed to be

(A) Order of district collector
(B) Order of Income Tax Commissioner
(C) Decree of a civil court
(D) (A) and (B)

Answer: Decree of a civil court

Q59. An Arbitration Agreement between the parties:

(A) Must be in the form of a separate Agreement
(B) Must be in the form of an arbitration clause in the contract
(C) Maybe in the form of arbitration clause in a contract or in form of a separate agreement
(D) None of the above

Answer: Maybe in the form of arbitration clause in a contract or in form of a separate agreement

Q60. In which of the following cases it was held by the Supreme Court that Part I of the Arbitration and Conciliation Act, 1996 would have no application to International commercial arbitrations held outside India and therefore such awards would only be subject to the jurisdiction of Indian courts when the same are sought to be enforced in India in accordance with Part II of the said Act ?

(A) Bharat Aluminium Company etc. v. Kaiser Aluminium Technical Service Inc. etc. (Balco), 2012 (9) SCC 552
(B) Bhatia International v. Bulk Trading SA and Anr., 2002 (4) SCC 105
(C) Sachin Gupta and Anr. v. K. S. Forge Metal Pvt. Ltd., (2013) 10 SCC 540
(D) Kanpur Jal Sansthan and Anr. v. Bapu Construction, 2014 (1) SCALE 207

Answer: Bharat Aluminium Company etc. v. Kaiser Aluminium Technical Service Inc. etc. (Balco), 2012 (9) SCC 552