ADR Laws in India

Description: ADR Laws in India Quiz
Number of Questions: 17
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Tags: adr arbitration conciliation mediation negotiation
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Which Act governs arbitration in India?

  1. The Arbitration and Conciliation Act, 1996

  2. The Indian Arbitration Act, 1940

  3. The Arbitration and Conciliation (Amendment) Act, 2015

  4. The Arbitration and Conciliation (Amendment) Act, 2019


Correct Option: A
Explanation:

The Arbitration and Conciliation Act, 1996 is the primary legislation governing arbitration in India. It provides a framework for the conduct of arbitration proceedings and the enforcement of arbitral awards.

What is the objective of the Arbitration and Conciliation Act, 1996?

  1. To promote and facilitate arbitration as a means of resolving disputes

  2. To provide a uniform law for arbitration in India

  3. To make arbitration more accessible and affordable

  4. All of the above


Correct Option: D
Explanation:

The Arbitration and Conciliation Act, 1996 aims to promote and facilitate arbitration as a means of resolving disputes, provide a uniform law for arbitration in India, and make arbitration more accessible and affordable.

What are the main features of the Arbitration and Conciliation Act, 1996?

  1. It provides for the appointment of arbitrators

  2. It sets out the procedure for conducting arbitration proceedings

  3. It provides for the enforcement of arbitral awards

  4. All of the above


Correct Option: D
Explanation:

The Arbitration and Conciliation Act, 1996 provides for the appointment of arbitrators, sets out the procedure for conducting arbitration proceedings, and provides for the enforcement of arbitral awards.

Who can initiate arbitration proceedings under the Arbitration and Conciliation Act, 1996?

  1. Any person who is a party to an arbitration agreement

  2. Any person who has a claim against another person

  3. Any person who is aggrieved by an arbitral award

  4. None of the above


Correct Option: A
Explanation:

Under the Arbitration and Conciliation Act, 1996, only a person who is a party to an arbitration agreement can initiate arbitration proceedings.

What is the time limit for initiating arbitration proceedings under the Arbitration and Conciliation Act, 1996?

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

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

  3. 12 years from the date of the cause of action

  4. There is no time limit


Correct Option: A
Explanation:

The time limit for initiating arbitration proceedings under the Arbitration and Conciliation Act, 1996 is 3 years from the date of the cause of action.

What is the procedure for appointing arbitrators under the Arbitration and Conciliation Act, 1996?

  1. The parties can agree on the appointment of arbitrators

  2. The court can appoint arbitrators if the parties cannot agree

  3. The Arbitration Council of India can appoint arbitrators

  4. All of the above


Correct Option: D
Explanation:

Under the Arbitration and Conciliation Act, 1996, the parties can agree on the appointment of arbitrators, the court can appoint arbitrators if the parties cannot agree, and the Arbitration Council of India can appoint arbitrators.

What are the powers of an arbitrator under the Arbitration and Conciliation Act, 1996?

  1. To summon witnesses

  2. To compel the production of documents

  3. To administer oaths

  4. All of the above


Correct Option: D
Explanation:

Under the Arbitration and Conciliation Act, 1996, an arbitrator has the power to summon witnesses, compel the production of documents, and administer oaths.

What is the procedure for conducting arbitration proceedings under the Arbitration and Conciliation Act, 1996?

  1. The parties must file their claims and defenses in writing

  2. The arbitrator must hold a hearing to hear the evidence of the parties

  3. The arbitrator must issue an award within a specified time period

  4. All of the above


Correct Option: D
Explanation:

Under the Arbitration and Conciliation Act, 1996, the parties must file their claims and defenses in writing, the arbitrator must hold a hearing to hear the evidence of the parties, and the arbitrator must issue an award within a specified time period.

What is an arbitral award?

  1. A decision made by an arbitrator in an arbitration proceeding

  2. A contract between the parties to an arbitration agreement

  3. A court order enforcing an arbitral award

  4. None of the above


Correct Option: A
Explanation:

An arbitral award is a decision made by an arbitrator in an arbitration proceeding.

What are the effects of an arbitral award?

  1. It is binding on the parties to the arbitration agreement

  2. It can be enforced by a court of law

  3. It can be appealed to a higher court

  4. All of the above


Correct Option: D
Explanation:

An arbitral award is binding on the parties to the arbitration agreement, it can be enforced by a court of law, and it can be appealed to a higher court.

What are the grounds for setting aside an arbitral award under the Arbitration and Conciliation Act, 1996?

  1. Corruption or fraud on the part of the arbitrator

  2. Serious irregularity in the conduct of the arbitration proceedings

  3. The award is in conflict with public policy

  4. All of the above


Correct Option: D
Explanation:

Under the Arbitration and Conciliation Act, 1996, an arbitral award can be set aside on the grounds of corruption or fraud on the part of the arbitrator, serious irregularity in the conduct of the arbitration proceedings, or if the award is in conflict with public policy.

What is conciliation?

  1. A process in which a neutral third party helps the parties to a dispute reach an agreement

  2. A process in which a neutral third party makes a decision that is binding on the parties to a dispute

  3. A process in which the parties to a dispute agree to submit their dispute to a court of law

  4. None of the above


Correct Option: A
Explanation:

Conciliation is a process in which a neutral third party helps the parties to a dispute reach an agreement.

What are the benefits of conciliation?

  1. It is less adversarial than litigation

  2. It is more cost-effective than litigation

  3. It is more likely to preserve the relationship between the parties

  4. All of the above


Correct Option: D
Explanation:

Conciliation is less adversarial than litigation, it is more cost-effective than litigation, and it is more likely to preserve the relationship between the parties.

What is mediation?

  1. A process in which a neutral third party helps the parties to a dispute reach an agreement

  2. A process in which a neutral third party makes a decision that is binding on the parties to a dispute

  3. A process in which the parties to a dispute agree to submit their dispute to a court of law

  4. None of the above


Correct Option: A
Explanation:

Mediation is a process in which a neutral third party helps the parties to a dispute reach an agreement.

What are the benefits of mediation?

  1. It is less adversarial than litigation

  2. It is more cost-effective than litigation

  3. It is more likely to preserve the relationship between the parties

  4. All of the above


Correct Option: D
Explanation:

Mediation is less adversarial than litigation, it is more cost-effective than litigation, and it is more likely to preserve the relationship between the parties.

What is negotiation?

  1. A process in which two or more parties try to reach an agreement through direct communication

  2. A process in which a neutral third party helps the parties to a dispute reach an agreement

  3. A process in which a neutral third party makes a decision that is binding on the parties to a dispute

  4. None of the above


Correct Option: A
Explanation:

Negotiation is a process in which two or more parties try to reach an agreement through direct communication.

What are the benefits of negotiation?

  1. It is less adversarial than litigation

  2. It is more cost-effective than litigation

  3. It is more likely to preserve the relationship between the parties

  4. All of the above


Correct Option: D
Explanation:

Negotiation is less adversarial than litigation, it is more cost-effective than litigation, and it is more likely to preserve the relationship between the parties.

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