Most important Mcqs of Arbitration and Conciliation Act, 1996 – Indian Judiciary

Q-Which of the following model law was used by the Indian Arbitration and conciliation Act 1996?
(a)-Constitution of India
(b)-Guidelines of Supreme Court of India
(c)-European Commercial Arbitration Procedure
(d)-UNCITRAL, 1985.

UNCITRAL, 1985.
United Nations Commission on International Trade Law (UNCITRAL) has adopted the UNCITRAL Model Law on International Commercial Arbitration in 1985; AND WHEREAS the General Assembly of the United Nations has recommended that all countries give due consideration to the said Model Law, in view of the desirability of uniformity of the law of arbitral procedures and the specific needs of international commercial arbitration practice.

The purpose of Arbitration Act is to provide quick redressal to __________by private arbitration.
(a) family disputes
(b)service disputes
(c)commercial disputes
(d)political disputes

Ans – commercial disputes

Q-arbitral tribunal means
(a) a sole arbitrator
(b) a panel of arbitrators
(c)A and b
(d)None of the above.
Ans-Arbitral tribunal means a sole arbitrator a panel of arbitrators.
Q-Arbitral proceedings commence
(a)on the date on which a request for a dispute to be referred to arbitration is received by the respondent
(b)on the date when the respondent gives consent to the appointment of the arbitrator
(c)on the date when the arbitrator issues notice of the parties
(d)on the date when the statement of claim and written submission of defence is made.

Commencement of arbitral proceedings.—Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent.

Q-arbitration agreement” means

(a)An agreement by the parties to submit to arbitration all disputes.
(b)Certain disputes which have arisen or which may arise between parties.
(c)They can be contractual or not.
(d)All of the above.

Section 7 arbitration agreement” means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not.

Q- 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
Ans-six months
Q-On what grounds the award may be challenged before the Court:
(a)Invalidity of the arbitration agreement
(b)Party applying was not given proper notice of the appointment of the arbitrator or of the arbitral proceedings or was otherwise unable to present his case
(c)Incapacity of a party
(d)All the options are correct.

Correct Option: D

Q-Correction and interpretation of award can be made __________from the receipt of the arbitral award:
(a)Within 30 days
(b)Within 60 days
(c)Within 15 days
(d)Within 45 days
Ans-Within 30 days
Q-A plea questioning the jurisdiction of the arbitral tribunal
(a) must be raised before or at the time of submission of statement of defence
(b) may be raised after the submission of the statement of defence
(c) can be raised at any time before the conclusion of arbitral proceedings
(d) can be raised at any time before the making of arbitral award
Ans-must be raised before or at the time of submission of statement of defence.