Arbitration

Description: This quiz covers the topic of Arbitration, a form of alternative dispute resolution that involves the use of a neutral third party to resolve disputes.
Number of Questions: 15
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Tags: arbitration alternative dispute resolution indian law
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What is the primary purpose of arbitration?

  1. To resolve disputes through negotiation

  2. To provide a legal framework for dispute resolution

  3. To facilitate the resolution of disputes outside of the court system

  4. To impose a binding decision on the parties involved in a dispute


Correct Option: C
Explanation:

Arbitration is a process in which a neutral third party, known as an arbitrator, is appointed to resolve a dispute between two or more parties without resorting to litigation.

Which of the following is a key characteristic of arbitration?

  1. The arbitrator is appointed by the parties involved in the dispute

  2. The arbitration process is confidential

  3. The arbitrator's decision is final and binding on the parties

  4. All of the above


Correct Option: D
Explanation:

Arbitration is characterized by the appointment of an arbitrator by the parties, the confidentiality of the process, and the final and binding nature of the arbitrator's decision.

What is the role of an arbitrator in the arbitration process?

  1. To act as a mediator between the parties

  2. To determine the facts of the case and apply the law

  3. To facilitate negotiations between the parties

  4. Both b and c


Correct Option: D
Explanation:

The arbitrator's role is to determine the facts of the case, apply the law, and facilitate negotiations between the parties to reach a mutually acceptable resolution.

What are the main advantages of arbitration over litigation?

  1. Arbitration is less formal and less expensive than litigation

  2. Arbitration is confidential, unlike litigation

  3. Arbitration is typically faster than litigation

  4. All of the above


Correct Option: D
Explanation:

Arbitration offers several advantages over litigation, including lower costs, confidentiality, and a faster resolution process.

Under which Indian law is arbitration governed?

  1. The Arbitration and Conciliation Act, 1996

  2. The Indian Contract Act, 1872

  3. The Civil Procedure Code, 1908

  4. None of the above


Correct Option: A
Explanation:

Arbitration in India is governed by the Arbitration and Conciliation Act, 1996, which provides a comprehensive framework for the conduct of arbitration proceedings.

What is the time limit for filing an arbitration petition under the Arbitration and Conciliation Act, 1996?

  1. 3 months from the date of the cause of action

  2. 6 months from the date of the cause of action

  3. 1 year from the date of the cause of action

  4. 2 years from the date of the cause of action


Correct Option: A
Explanation:

As per Section 20 of the Arbitration and Conciliation Act, 1996, an arbitration petition must be filed within 3 months from the date of the cause of action.

What is the role of the court in arbitration proceedings?

  1. The court appoints the arbitrator

  2. The court supervises the arbitration proceedings

  3. The court enforces the arbitral award

  4. All of the above


Correct Option: D
Explanation:

The court plays a limited role in arbitration proceedings, primarily involving the appointment of the arbitrator, supervising the proceedings, and enforcing the arbitral award.

What is the effect of an arbitral award?

  1. It is final and binding on the parties

  2. It can be appealed in a court of law

  3. It is subject to review by the court

  4. None of the above


Correct Option: A
Explanation:

An arbitral award is final and binding on the parties involved in the dispute, unless it is set aside by a court on limited grounds specified in the Arbitration and Conciliation Act, 1996.

What are the grounds for setting aside an arbitral award?

  1. Fraud or corruption in the arbitral proceedings

  2. Serious irregularity in the conduct of the arbitration proceedings

  3. Failure to give proper notice of the arbitration proceedings to a party

  4. All of the above


Correct Option: D
Explanation:

An arbitral award can be set aside by a court on grounds of fraud or corruption, serious irregularity in the conduct of the proceedings, or failure to give proper notice to a party.

What is the process for enforcing an arbitral award?

  1. The award is filed in court and becomes a judgment of the court

  2. The award is directly enforceable against the parties' assets

  3. The award is enforced through a separate legal action

  4. None of the above


Correct Option: A
Explanation:

To enforce an arbitral award, it must be filed in court, where it becomes a judgment of the court and can be enforced as such.

What are the advantages of arbitration in international commercial disputes?

  1. Arbitration is less formal and less expensive than litigation

  2. Arbitration is confidential, unlike litigation

  3. Arbitration is typically faster than litigation

  4. Arbitration allows the parties to choose the arbitrator and the rules of procedure


Correct Option:
Explanation:

Arbitration offers several advantages in international commercial disputes, including lower costs, confidentiality, a faster resolution process, and the ability to choose the arbitrator and the rules of procedure.

Which international convention governs arbitration in international commercial disputes?

  1. The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards

  2. The Geneva Convention on International Arbitration

  3. The Hague Convention on the Choice of Court Agreements

  4. None of the above


Correct Option: A
Explanation:

The New York Convention is the primary international convention governing the recognition and enforcement of foreign arbitral awards.

What is the purpose of the New York Convention?

  1. To promote the enforcement of arbitral awards across different countries

  2. To establish a uniform set of rules for international arbitration

  3. To facilitate the resolution of international commercial disputes

  4. All of the above


Correct Option: D
Explanation:

The New York Convention aims to promote the enforcement of arbitral awards across different countries, establish a uniform set of rules for international arbitration, and facilitate the resolution of international commercial disputes.

Which countries are party to the New York Convention?

  1. Over 160 countries worldwide

  2. Only developed countries

  3. Only developing countries

  4. None of the above


Correct Option: A
Explanation:

The New York Convention has been adopted by over 160 countries worldwide, making it one of the most widely accepted international conventions.

What are the key provisions of the New York Convention?

  1. It requires contracting states to recognize and enforce arbitral awards made in other contracting states

  2. It sets out grounds for refusing to recognize or enforce an arbitral award

  3. It provides a procedure for the recognition and enforcement of arbitral awards

  4. All of the above


Correct Option: D
Explanation:

The New York Convention contains key provisions that require contracting states to recognize and enforce arbitral awards made in other contracting states, set out grounds for refusing to recognize or enforce an award, and provide a procedure for the recognition and enforcement of arbitral awards.

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