ADR Rules in India

Description: This quiz covers the various rules and regulations governing Alternative Dispute Resolution (ADR) in India.
Number of Questions: 15
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Tags: adr adr rules indian law dispute resolution
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Which of the following is not a type of ADR?

  1. Arbitration

  2. Mediation

  3. Conciliation

  4. Litigation


Correct Option: D
Explanation:

Litigation is a formal process of resolving disputes through the courts, while ADR methods are alternative, non-judicial approaches to dispute resolution.

The Arbitration and Conciliation Act, 1996 is the primary legislation governing ADR in India. True or False?

  1. True

  2. False


Correct Option: A
Explanation:

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

Which of the following is not a requirement for a valid arbitration agreement under the Arbitration and Conciliation Act, 1996?

  1. It must be in writing

  2. It must be signed by all parties

  3. It must specify the subject matter of the dispute

  4. It must be notarized


Correct Option: D
Explanation:

Notarization is not a requirement for a valid arbitration agreement under the Arbitration and Conciliation Act, 1996.

In arbitration, the parties can choose to have a sole arbitrator or a panel of arbitrators. True or False?

  1. True

  2. False


Correct Option: A
Explanation:

In arbitration, the parties can choose to have a sole arbitrator or a panel of arbitrators, depending on the complexity of the dispute and the parties' preferences.

The decision of an arbitrator is final and binding on the parties. True or False?

  1. True

  2. False


Correct Option: A
Explanation:

The decision of an arbitrator is final and binding on the parties, subject to limited grounds for challenge under the Arbitration and Conciliation Act, 1996.

Mediation is a process in which a neutral third party helps the parties to reach a mutually acceptable settlement. True or False?

  1. True

  2. False


Correct Option: A
Explanation:

Mediation is a process in which a neutral third party helps the parties to reach a mutually acceptable settlement, without imposing a decision on them.

In mediation, the mediator can make suggestions for resolving the dispute. True or False?

  1. True

  2. False


Correct Option: A
Explanation:

In mediation, the mediator can make suggestions for resolving the dispute, but the parties are not bound to accept these suggestions.

Conciliation is a process in which a neutral third party helps the parties to reach a mutually acceptable settlement, and the settlement is then binding on the parties. True or False?

  1. True

  2. False


Correct Option: A
Explanation:

Conciliation is a process in which a neutral third party helps the parties to reach a mutually acceptable settlement, and the settlement is then binding on the parties.

Which of the following is not a benefit of ADR?

  1. It is less expensive than litigation

  2. It is faster than litigation

  3. It is more adversarial than litigation

  4. It is more flexible than litigation


Correct Option: C
Explanation:

ADR is generally less adversarial than litigation, as it focuses on finding a mutually acceptable solution rather than on winning or losing.

ADR is mandatory for all disputes in India. True or False?

  1. True

  2. False


Correct Option: B
Explanation:

ADR is not mandatory for all disputes in India. Parties are free to choose whether to use ADR or to pursue litigation.

Which of the following is not a type of ADR commonly used in India?

  1. Arbitration

  2. Mediation

  3. Conciliation

  4. Negotiation


Correct Option: D
Explanation:

Negotiation is not a type of ADR, as it is a direct discussion between the parties without the involvement of a neutral third party.

The Arbitration and Conciliation (Amendment) Act, 2015 introduced several changes to the Arbitration and Conciliation Act, 1996. True or False?

  1. True

  2. False


Correct Option: A
Explanation:

The Arbitration and Conciliation (Amendment) Act, 2015 introduced several changes to the Arbitration and Conciliation Act, 1996, including provisions to streamline the arbitration process and to make it more efficient.

Which of the following is not a ground for challenging an arbitration award under the Arbitration and Conciliation Act, 1996?

  1. The award was procured by fraud or corruption

  2. The award is in violation of public policy

  3. The arbitrator was biased or corrupt

  4. The award is not in writing


Correct Option: D
Explanation:

The Arbitration and Conciliation Act, 1996 does not require an arbitration award to be in writing. Therefore, this is not a ground for challenging an arbitration award.

The Supreme Court of India has played a significant role in shaping the law of ADR in India. True or False?

  1. True

  2. False


Correct Option: A
Explanation:

The Supreme Court of India has played a significant role in shaping the law of ADR in India through its various judgments, which have clarified and interpreted the provisions of the Arbitration and Conciliation Act, 1996 and other relevant laws.

ADR is becoming increasingly popular in India as a means of resolving disputes. True or False?

  1. True

  2. False


Correct Option: A
Explanation:

ADR is becoming increasingly popular in India as a means of resolving disputes due to its advantages over litigation, such as its lower cost, faster pace, and greater flexibility.

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