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Arbitration and Public Policy

Description: This quiz is designed to assess your understanding of the concept of Arbitration and Public Policy in the context of Indian Law.
Number of Questions: 15
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Tags: arbitration public policy indian law
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What is the primary objective of the Arbitration and Conciliation Act, 1996?

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

  2. To regulate the conduct of arbitration proceedings.

  3. To enforce arbitration awards.

  4. All of the above.

Show answer
Correct Option: D
Explanation:

The Arbitration and Conciliation Act, 1996 seeks to achieve all of these objectives by providing a comprehensive framework for arbitration in India.

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

  1. The award was obtained by fraud or corruption.

  2. The award is in conflict with the public policy of India.

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

  4. The award is excessive or inadequate.

Show answer
Correct Option: D
Explanation:

Excessive or inadequate awards are not grounds for setting aside an arbitration award under the Arbitration and Conciliation Act, 1996.

What is the principle of public policy in the context of arbitration?

  1. Arbitration awards should not be contrary to the fundamental principles of justice and morality.

  2. Arbitration awards should not be contrary to the laws of India.

  3. Arbitration awards should not be contrary to the public interest.

  4. All of the above.

Show answer
Correct Option: D
Explanation:

The principle of public policy in the context of arbitration encompasses all of these aspects.

Which of the following is an example of a public policy that may be invoked to set aside an arbitration award?

  1. A policy against discrimination.

  2. A policy against environmental pollution.

  3. A policy against monopolies.

  4. All of the above.

Show answer
Correct Option: D
Explanation:

All of these policies are examples of public policies that may be invoked to set aside an arbitration award.

In India, which court has the jurisdiction to hear petitions for setting aside arbitration awards?

  1. The Supreme Court of India.

  2. The High Courts.

  3. The District Courts.

  4. Any of the above.

Show answer
Correct Option: D
Explanation:

Under the Arbitration and Conciliation Act, 1996, petitions for setting aside arbitration awards can be filed in the Supreme Court, the High Courts, or the District Courts, depending on the value of the subject matter of the dispute.

What is the time limit for filing a petition for setting aside an arbitration award?

  1. 30 days from the date of receipt of the award.

  2. 60 days from the date of receipt of the award.

  3. 90 days from the date of receipt of the award.

  4. 120 days from the date of receipt of the award.

Show answer
Correct Option: C
Explanation:

Under the Arbitration and Conciliation Act, 1996, a petition for setting aside an arbitration award must be filed within 90 days from the date of receipt of the award.

What is the effect of setting aside an arbitration award?

  1. The award becomes null and void.

  2. The parties are restored to their original positions.

  3. The dispute is referred back to arbitration.

  4. All of the above.

Show answer
Correct Option: D
Explanation:

Setting aside an arbitration award has all of these effects.

Can a party challenge an arbitration award on the ground that it is contrary to public policy even if the award has not been set aside?

  1. Yes.

  2. No.

  3. It depends on the circumstances.

  4. None of the above.

Show answer
Correct Option: A
Explanation:

A party can challenge an arbitration award on the ground that it is contrary to public policy even if the award has not been set aside. This is because public policy is a fundamental principle of law that cannot be waived by the parties.

What are the consequences of challenging an arbitration award on the ground that it is contrary to public policy?

  1. The award may be set aside.

  2. The award may be modified.

  3. The award may be enforced.

  4. None of the above.

Show answer
Correct Option: A
Explanation:

If a court finds that an arbitration award is contrary to public policy, it may set aside the award.

Can parties agree to exclude the application of public policy to their arbitration agreement?

  1. Yes.

  2. No.

  3. It depends on the circumstances.

  4. None of the above.

Show answer
Correct Option: B
Explanation:

Parties cannot agree to exclude the application of public policy to their arbitration agreement. This is because public policy is a fundamental principle of law that cannot be waived by the parties.

What is the role of the courts in reviewing arbitration awards for public policy violations?

  1. The courts have a limited role in reviewing arbitration awards for public policy violations.

  2. The courts have a broad role in reviewing arbitration awards for public policy violations.

  3. The courts have no role in reviewing arbitration awards for public policy violations.

  4. None of the above.

Show answer
Correct Option: A
Explanation:

The courts have a limited role in reviewing arbitration awards for public policy violations. This is because arbitration is a private process and the courts are reluctant to interfere with the decisions of arbitrators.

What factors do courts consider when reviewing arbitration awards for public policy violations?

  1. The nature of the public policy at issue.

  2. The clarity of the public policy.

  3. The importance of the public policy.

  4. All of the above.

Show answer
Correct Option: D
Explanation:

Courts consider all of these factors when reviewing arbitration awards for public policy violations.

Can a court modify an arbitration award on the ground that it is contrary to public policy?

  1. Yes.

  2. No.

  3. It depends on the circumstances.

  4. None of the above.

Show answer
Correct Option: B
Explanation:

A court cannot modify an arbitration award on the ground that it is contrary to public policy. This is because arbitration is a private process and the courts are reluctant to interfere with the decisions of arbitrators.

What is the relationship between arbitration and public policy in India?

  1. Arbitration is a creature of public policy.

  2. Public policy is a creature of arbitration.

  3. Arbitration and public policy are independent of each other.

  4. None of the above.

Show answer
Correct Option: A
Explanation:

Arbitration is a creature of public policy because it is a method of resolving disputes that is recognized and supported by the law.

How does public policy affect the enforcement of arbitration awards in India?

  1. Public policy can be used to set aside arbitration awards.

  2. Public policy can be used to modify arbitration awards.

  3. Public policy can be used to enforce arbitration awards.

  4. All of the above.

Show answer
Correct Option: D
Explanation:

Public policy can be used to set aside, modify, or enforce arbitration awards in India.

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