Arbitration and Competition Law

Description: This quiz will test your knowledge on the topic of Arbitration and Competition Law.
Number of Questions: 15
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What is the primary objective of the Arbitration and Conciliation Act, 1996?

  1. To promote alternative dispute resolution mechanisms.

  2. To regulate the conduct of arbitral proceedings.

  3. To enforce arbitral awards.

  4. All of the above.


Correct Option: D
Explanation:

The Arbitration and Conciliation Act, 1996 seeks to promote alternative dispute resolution mechanisms, regulate the conduct of arbitral proceedings, and enforce arbitral awards.

Which of the following is not a ground for setting aside an arbitral award under the Arbitration and Conciliation Act, 1996?

  1. Corruption or fraud.

  2. Serious irregularity in the conduct of the proceedings.

  3. Failure to give reasons for the award.

  4. All of the above.


Correct Option: C
Explanation:

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

What is the time limit for filing a petition for setting aside an arbitral award under the Arbitration and Conciliation Act, 1996?

  1. 30 days.

  2. 60 days.

  3. 90 days.

  4. 120 days.


Correct Option: A
Explanation:

A petition for setting aside an arbitral award must be filed within 30 days from the date of receipt of the award by the party seeking to set it aside.

Which of the following is not a type of arbitration under the Arbitration and Conciliation Act, 1996?

  1. Domestic arbitration.

  2. International arbitration.

  3. Ad hoc arbitration.

  4. Institutional arbitration.


Correct Option: C
Explanation:

Ad hoc arbitration is not a type of arbitration under the Arbitration and Conciliation Act, 1996. Ad hoc arbitration is a form of arbitration where the parties appoint their own arbitrators and determine the rules of procedure for the arbitration.

What is the role of the Competition Commission of India (CCI) in relation to arbitration?

  1. To investigate and adjudicate cases of anti-competitive agreements and practices.

  2. To promote competition in the Indian market.

  3. To regulate the conduct of arbitral proceedings.

  4. All of the above.


Correct Option: A
Explanation:

The Competition Commission of India (CCI) is responsible for investigating and adjudicating cases of anti-competitive agreements and practices in the Indian market. The CCI does not have a direct role in regulating the conduct of arbitral proceedings.

Can the CCI intervene in an ongoing arbitration proceeding?

  1. Yes, if it is satisfied that the arbitration proceeding is being conducted in a manner that is prejudicial to the interests of competition.

  2. No, the CCI cannot intervene in an ongoing arbitration proceeding.

  3. Only if the parties to the arbitration proceeding consent to the CCI's intervention.

  4. None of the above.


Correct Option: A
Explanation:

The CCI can intervene in an ongoing arbitration proceeding if it is satisfied that the arbitration proceeding is being conducted in a manner that is prejudicial to the interests of competition. The CCI may also intervene if it is of the opinion that the arbitral award is likely to have an adverse effect on competition.

What is the Competition Act, 2002?

  1. An act to promote competition in the Indian market.

  2. An act to regulate the conduct of arbitral proceedings.

  3. An act to enforce arbitral awards.

  4. None of the above.


Correct Option: A
Explanation:

The Competition Act, 2002 is an act of the Parliament of India that seeks to promote competition in the Indian market by prohibiting anti-competitive agreements and practices.

Which of the following is not a prohibited agreement under the Competition Act, 2002?

  1. Cartels.

  2. Bid rigging.

  3. Exclusive dealing agreements.

  4. Resale price maintenance agreements.


Correct Option: C
Explanation:

Exclusive dealing agreements are not prohibited under the Competition Act, 2002. However, exclusive dealing agreements may be considered anti-competitive if they are found to have an adverse effect on competition.

What is the penalty for engaging in anti-competitive agreements or practices under the Competition Act, 2002?

  1. A fine of up to 10% of the turnover of the enterprise.

  2. Imprisonment for up to 3 years.

  3. Both a fine and imprisonment.

  4. None of the above.


Correct Option: C
Explanation:

The penalty for engaging in anti-competitive agreements or practices under the Competition Act, 2002 is a fine of up to 10% of the turnover of the enterprise and/or imprisonment for up to 3 years.

Can the CCI grant leniency to enterprises that cooperate with its investigations?

  1. Yes, the CCI can grant leniency to enterprises that cooperate with its investigations.

  2. No, the CCI cannot grant leniency to enterprises that cooperate with its investigations.

  3. Only if the enterprise is a first-time offender.

  4. None of the above.


Correct Option: A
Explanation:

The CCI can grant leniency to enterprises that cooperate with its investigations. The leniency program is designed to encourage enterprises to come forward and provide information about anti-competitive agreements or practices in exchange for immunity from prosecution.

What is the role of the National Company Law Appellate Tribunal (NCLAT) in relation to competition law?

  1. To hear appeals from the orders of the CCI.

  2. To review the decisions of the CCI.

  3. To enforce the orders of the CCI.

  4. All of the above.


Correct Option: D
Explanation:

The National Company Law Appellate Tribunal (NCLAT) hears appeals from the orders of the CCI, reviews the decisions of the CCI, and enforces the orders of the CCI.

Can the NCLAT stay the operation of an order of the CCI?

  1. Yes, the NCLAT can stay the operation of an order of the CCI.

  2. No, the NCLAT cannot stay the operation of an order of the CCI.

  3. Only if the enterprise affected by the order files an appeal with the NCLAT.

  4. None of the above.


Correct Option: A
Explanation:

The NCLAT can stay the operation of an order of the CCI if it is satisfied that the order is likely to cause irreparable injury to the enterprise affected by the order.

What is the time limit for filing an appeal with the NCLAT against an order of the CCI?

  1. 30 days.

  2. 60 days.

  3. 90 days.

  4. 120 days.


Correct Option: B
Explanation:

An appeal against an order of the CCI must be filed with the NCLAT within 60 days from the date of receipt of the order by the enterprise affected by the order.

Can the Supreme Court of India review the decisions of the NCLAT?

  1. Yes, the Supreme Court of India can review the decisions of the NCLAT.

  2. No, the Supreme Court of India cannot review the decisions of the NCLAT.

  3. Only if the decision of the NCLAT is in conflict with a decision of the Supreme Court.

  4. None of the above.


Correct Option: A
Explanation:

The Supreme Court of India can review the decisions of the NCLAT through a special leave petition.

What is the role of the Director General (DG) in the context of competition law?

  1. To investigate cases of anti-competitive agreements and practices.

  2. To adjudicate cases of anti-competitive agreements and practices.

  3. To promote competition in the Indian market.

  4. All of the above.


Correct Option: A
Explanation:

The Director General (DG) is responsible for investigating cases of anti-competitive agreements and practices under the Competition Act, 2002.

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