Part 5 -Q41-50 | Alternate Dispute Resolution | All India Bar Exam Question Answer Series (AIBE)

Описание: Question 41. On what grounds an arbitrarily award cannot be struck down by the court?
(a) on proving by the party making the application that any party to the dispute was incapacitated
(b) that the award is not valid
(c) the party making the application was not informed of the appointment of the arbitrator or of the proceedings
(d) the Court finds that the subject matter of the dispute is liable to be settled by arbitration under the law for the time being in force.
Ans- (d) the Court finds that the subject matter of the dispute is liable to be settled by arbitration under the law for the time being in force.

Question 42. Which section of the Arbitration and Conciliation Act, 1996 states that the arbitration award shall be final and binding on the parties and persons claiming under the right derived from them?
(a) section 30
(b) section 35
(c) section 42
(d) section 25
Answer- (b) Section 35

Question 43. How will the award be enforced as per section 36?
(A) like an award under the Arbitration and Conciliation Act
(b) like the enforcement of a contract under the Indian Contract Act
(c) like a decree of a court under the Code of Civil Procedure
(d) like a decision of the court.
Answer- (c) like a decree of a court under the Code of Civil Procedure

Question 44. According to Section 37, Arbitration and Conciliation Act, 1996, there will be no second appeal against the order of the Arbitration Tribunal, but this provision will not affect the right to appeal in which of the following courts?
(a) High Court
(b) Supreme Court
(d) District Civil Court.
(c) Administrative Tribunal
Answer- (b) Supreme Court

Question 45. Section 61, Arbitration and Conciliation Act deals with the enforcement and extension of the provisions relating to conciliation. To which of the following proceedings the provisions relating to 'conciliation' do not apply?
(a) disputes arising out of contractual legal relationship
(b) a dispute arising out of a legal relation which is not contractual
(c) where certain disputes cannot be presented for conciliation by virtue of law
(d) where certain disputes can be brought up for conciliation by virtue of law.
Ans- (c) Where certain disputes cannot be presented for conciliation by virtue of law

Question 46. Point out the true statement regarding initiation of conciliation proceedings
(a) written invitation by one party to the other party for conciliation
(b) acceptance by the other party
(c) Failure to respond to acceptance within 30 days will be treated as rejection
(d) All of the above are true.
Answer- (D) All of the above are true.

Question 47. What is the maximum number of conciliators that can be appointed by the parties?
(a) 3
(c) 2
(b) 5.
(d) No number is prescribed.
Answer-(a) 3

Question 48. How will the conciliators be appointed in the proceedings involving three conciliators?
(A) each party may appoint a conciliator and the conciliator selected thereupon shall appoint a third conciliator
(b) each party may appoint a conciliator and the parties shall by agreement appoint a third conciliator
(c) each party may appoint a conciliator and an independent person shall choose a third conciliator
(d) All of the above are correct.
Answer- (b) Each party may appoint a conciliator and the parties shall by agreement appoint a third conciliator

Question 49. By which enactments will the conciliator be bound

(A) Code of Civil Procedure, 1908
(b) Evidence Act, 1872
(c) neither (a) nor (b)
(d) All of the above.
Answer- (c) Neither (a) nor (b)

Question 50. The role of conciliator is given in which paragraph of Arbitration and Hearing Act 1996?
(a) section 65
(b) section 66
(c) section 67
(d) section 68
Answer- (c) Section 67

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