Arbitration Tribunal

Description: This quiz covers the topic of Arbitration Tribunal under the Arbitration and Conciliation Act, 1996.
Number of Questions: 14
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Who appoints the arbitrators in an arbitration proceeding under the Arbitration and Conciliation Act, 1996?

  1. The Supreme Court of India

  2. The High Court of the state where the arbitration is to be held

  3. The Arbitration Tribunal

  4. The parties to the arbitration agreement


Correct Option: D
Explanation:

Under the Arbitration and Conciliation Act, 1996, the parties to the arbitration agreement are responsible for appointing the arbitrators.

What is the maximum number of arbitrators that can be appointed in an arbitration proceeding under the Arbitration and Conciliation Act, 1996?

  1. One

  2. Two

  3. Three

  4. Four


Correct Option: C
Explanation:

According to the Arbitration and Conciliation Act, 1996, the maximum number of arbitrators that can be appointed in an arbitration proceeding is three.

What are the qualifications required for an arbitrator under the Arbitration and Conciliation Act, 1996?

  1. Must be a legal practitioner

  2. Must have experience in the subject matter of the dispute

  3. Must be independent and impartial

  4. All of the above


Correct Option: D
Explanation:

Under the Arbitration and Conciliation Act, 1996, an arbitrator must be a legal practitioner, have experience in the subject matter of the dispute, and be independent and impartial.

What is the role of the Arbitration Tribunal in an arbitration proceeding?

  1. To hear and determine the dispute between the parties

  2. To make a binding award on the parties

  3. To enforce the award made by the Tribunal

  4. All of the above


Correct Option: D
Explanation:

The Arbitration Tribunal is responsible for hearing and determining the dispute between the parties, making a binding award on the parties, and enforcing the award made by the Tribunal.

What is the time limit for the Arbitration Tribunal to make its award under the Arbitration and Conciliation Act, 1996?

  1. 12 months from the date of commencement of the arbitration

  2. 18 months from the date of commencement of the arbitration

  3. 24 months from the date of commencement of the arbitration

  4. 36 months from the date of commencement of the arbitration


Correct Option: A
Explanation:

Under the Arbitration and Conciliation Act, 1996, the Arbitration Tribunal is required to make its award within 12 months from the date of commencement of the arbitration.

What are the grounds for challenging an arbitration award under the Arbitration and Conciliation Act, 1996?

  1. The award was obtained by fraud or corruption

  2. The award is in violation of public policy

  3. The award is based on a mistake of law or fact

  4. All of the above


Correct Option: D
Explanation:

Under the Arbitration and Conciliation Act, 1996, an arbitration award can be challenged on the grounds of fraud or corruption, violation of public policy, or mistake of law or fact.

What is the procedure for challenging an arbitration award under the Arbitration and Conciliation Act, 1996?

  1. File a petition in the High Court within 30 days from the date of receipt of the award

  2. File a petition in the Supreme Court within 60 days from the date of receipt of the award

  3. File a petition in the District Court within 90 days from the date of receipt of the award

  4. None of the above


Correct Option: A
Explanation:

Under the Arbitration and Conciliation Act, 1996, a party can challenge an arbitration award by filing a petition in the High Court within 30 days from the date of receipt of the award.

What is the effect of an arbitration award under the Arbitration and Conciliation Act, 1996?

  1. It is final and binding on the parties

  2. It can be enforced by the courts

  3. It can be set aside by the courts on certain grounds

  4. All of the above


Correct Option: D
Explanation:

Under the Arbitration and Conciliation Act, 1996, an arbitration award is final and binding on the parties, can be enforced by the courts, and can be set aside by the courts on certain grounds.

What is the role of the Supreme Court in arbitration proceedings under the Arbitration and Conciliation Act, 1996?

  1. To hear appeals from the High Court's decisions on arbitration matters

  2. To grant special leave to appeal from the High Court's decisions on arbitration matters

  3. To review arbitration awards on its own motion

  4. All of the above


Correct Option: D
Explanation:

Under the Arbitration and Conciliation Act, 1996, the Supreme Court has the power to hear appeals from the High Court's decisions on arbitration matters, grant special leave to appeal from the High Court's decisions on arbitration matters, and review arbitration awards on its own motion.

What are the advantages of arbitration over litigation?

  1. It is faster and less expensive

  2. It is more confidential

  3. It is more flexible and allows the parties to choose their own arbitrators

  4. All of the above


Correct Option: D
Explanation:

Arbitration offers several advantages over litigation, including speed, cost-effectiveness, confidentiality, and flexibility.

What are the disadvantages of arbitration?

  1. It is less formal and may not provide the same level of due process as litigation

  2. The parties may not have the right to appeal an arbitration award

  3. Arbitration awards may not be enforceable in all jurisdictions

  4. All of the above


Correct Option: D
Explanation:

Arbitration also has some disadvantages, such as the lack of formality, the limited right to appeal, and the potential for unenforceability in certain jurisdictions.

What are some of the recent developments in arbitration law in India?

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

  2. The Supreme Court's decision in the Ssangyong Engineering & Construction Co. Ltd. v. National Highways Authority of India case

  3. The establishment of the Arbitration and Conciliation Centre of India (ACCI)

  4. All of the above


Correct Option: D
Explanation:

Recent developments in arbitration law in India include the Arbitration and Conciliation (Amendment) Act, 2015, the Supreme Court's decision in the Ssangyong Engineering & Construction Co. Ltd. v. National Highways Authority of India case, and the establishment of the Arbitration and Conciliation Centre of India (ACCI).

What are the challenges facing arbitration in India?

  1. The lack of awareness about arbitration among the general public

  2. The high cost of arbitration

  3. The lack of qualified arbitrators

  4. All of the above


Correct Option: D
Explanation:

Arbitration in India faces several challenges, including the lack of awareness about arbitration among the general public, the high cost of arbitration, and the lack of qualified arbitrators.

What are the future prospects of arbitration in India?

  1. Arbitration is expected to become more popular in India as a means of resolving disputes

  2. The government is taking steps to promote arbitration

  3. The judiciary is becoming more supportive of arbitration

  4. All of the above


Correct Option: D
Explanation:

The future prospects of arbitration in India are positive, with the expectation of increased popularity, government support, and judicial support.

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