Arbitration and Family Law

Description: This quiz covers the topic of Arbitration and Family Law in India.
Number of Questions: 15
Created by:
Tags: arbitration family law indian law
Attempted 0/15 Correct 0 Score 0

What is the primary legislation governing arbitration in India?

  1. The Arbitration and Conciliation Act, 1996

  2. The Indian Contract Act, 1872

  3. The Civil Procedure Code, 1908

  4. The Indian Penal Code, 1860


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 arbitration awards.

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 arbitrator exceeded his or her jurisdiction


Correct Option: C
Explanation:

A mistake of law is not a ground for setting aside an arbitration award under the Arbitration and Conciliation Act, 1996. However, an award may be set aside if it is based on a mistake of fact.

In family law matters, arbitration is generally allowed for which of the following disputes?

  1. Divorce

  2. Child custody

  3. Property division

  4. All of the above


Correct Option: D
Explanation:

In family law matters, arbitration is generally allowed for disputes relating to divorce, child custody, property division, and other related matters.

What are the benefits of arbitration in family law disputes?

  1. It is less adversarial than litigation

  2. It is more confidential than litigation

  3. It is generally faster and less expensive than litigation

  4. All of the above


Correct Option: D
Explanation:

Arbitration in family law disputes offers several benefits, including its less adversarial nature, confidentiality, and the potential for a faster and less expensive resolution compared to litigation.

What are some of the challenges associated with arbitration in family law disputes?

  1. The lack of a right to appeal an arbitration award

  2. The potential for bias or partiality on the part of the arbitrator

  3. The difficulty in enforcing an arbitration award if one party refuses to comply

  4. All of the above


Correct Option: D
Explanation:

Arbitration in family law disputes can present certain challenges, such as the lack of a right to appeal an arbitration award, the potential for bias or partiality on the part of the arbitrator, and the difficulty in enforcing an arbitration award if one party refuses to comply.

In India, is it mandatory to mediate family disputes before filing for arbitration?

  1. Yes

  2. No

  3. It depends on the specific circumstances of the case

  4. It is not clear from the law


Correct Option: C
Explanation:

In India, the requirement for mediation before arbitration in family disputes depends on the specific circumstances of the case and the discretion of the court or arbitration tribunal.

What is the role of the court in arbitration proceedings in family law disputes?

  1. The court appoints the arbitrator

  2. The court supervises the arbitration proceedings

  3. The court enforces the arbitration award

  4. All of the above


Correct Option: D
Explanation:

The court plays a role in arbitration proceedings in family law disputes by appointing the arbitrator, supervising the arbitration proceedings, and enforcing the arbitration award.

What are some of the factors that courts consider when deciding whether to enforce an arbitration award in a family law dispute?

  1. Whether the arbitration agreement was valid and binding

  2. Whether the arbitration proceedings were conducted fairly and impartially

  3. Whether the arbitration award is in conflict with public policy

  4. All of the above


Correct Option: D
Explanation:

Courts consider various factors when deciding whether to enforce an arbitration award in a family law dispute, including the validity and binding nature of the arbitration agreement, the fairness and impartiality of the arbitration proceedings, and whether the arbitration award is in conflict with public policy.

Can a party to an arbitration agreement in a family law dispute challenge the enforceability of the agreement?

  1. Yes

  2. No

  3. It depends on the specific circumstances of the case

  4. It is not clear from the law


Correct Option: A
Explanation:

A party to an arbitration agreement in a family law dispute can challenge the enforceability of the agreement on various grounds, such as fraud, duress, or incapacity.

What are some of the ethical considerations that arbitrators should keep in mind when handling family law disputes?

  1. Maintaining impartiality and neutrality

  2. Protecting the privacy of the parties involved

  3. Avoiding conflicts of interest

  4. All of the above


Correct Option: D
Explanation:

Arbitrators handling family law disputes should adhere to ethical considerations such as maintaining impartiality and neutrality, protecting the privacy of the parties involved, and avoiding conflicts of interest.

In India, is it possible to challenge an arbitration award in a family law dispute on the ground of public policy?

  1. Yes

  2. No

  3. It depends on the specific circumstances of the case

  4. It is not clear from the law


Correct Option: A
Explanation:

In India, a party can challenge an arbitration award in a family law dispute on the ground of public policy if the award is found to be contrary to fundamental principles of justice or morality.

What is the time limit for challenging an arbitration award in a family law dispute in India?

  1. 30 days

  2. 60 days

  3. 90 days

  4. 120 days


Correct Option: C
Explanation:

In India, a party has 90 days from the date of receipt of the arbitration award to challenge it in court.

Can a party to an arbitration agreement in a family law dispute waive their right to challenge the enforceability of the agreement?

  1. Yes

  2. No

  3. It depends on the specific circumstances of the case

  4. It is not clear from the law


Correct Option: A
Explanation:

Parties to an arbitration agreement in a family law dispute can waive their right to challenge the enforceability of the agreement, but such waiver must be made voluntarily and with full knowledge of the consequences.

What are some of the remedies available to a party who successfully challenges the enforceability of an arbitration award in a family law dispute?

  1. Setting aside the arbitration award

  2. Damages

  3. Injunction

  4. All of the above


Correct Option: D
Explanation:

If a party successfully challenges the enforceability of an arbitration award in a family law dispute, they may be entitled to remedies such as setting aside the arbitration award, damages, or an injunction.

In India, is it possible to appeal an arbitration award in a family law dispute?

  1. Yes

  2. No

  3. It depends on the specific circumstances of the case

  4. It is not clear from the law


Correct Option: B
Explanation:

In India, arbitration awards in family law disputes are generally final and binding and cannot be appealed.

- Hide questions