ADR in India

Description: This quiz covers various aspects of Alternative Dispute Resolution (ADR) in India, including its benefits, methods, and legal framework.
Number of Questions: 14
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Tags: adr dispute resolution mediation arbitration conciliation
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What is the primary objective of ADR in India?

  1. To resolve disputes quickly and efficiently

  2. To reduce the burden on the judicial system

  3. To promote amicable relationships between parties

  4. All of the above


Correct Option: D
Explanation:

ADR in India aims to resolve disputes swiftly, ease the burden on courts, and foster amicable relationships among parties.

Which of the following is NOT a method of ADR in India?

  1. Mediation

  2. Arbitration

  3. Conciliation

  4. Litigation


Correct Option: D
Explanation:

Litigation is a formal court process, whereas ADR methods are alternative means of resolving disputes outside of the traditional court system.

In ADR, the role of a mediator is to:

  1. Act as a neutral third party

  2. Facilitate communication between parties

  3. Help parties reach a mutually acceptable agreement

  4. All of the above


Correct Option: D
Explanation:

A mediator's role is to remain impartial, enable communication, and assist parties in finding a mutually agreeable resolution.

Arbitration in India is governed by which law?

  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.

What is the time limit for filing an application 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: C
Explanation:

As per Section 34 of the Arbitration and Conciliation Act, 1996, an application to set aside an arbitral award must be filed within 90 days from the date of receipt of the award.

Which of the following is NOT a benefit of ADR in India?

  1. Cost-effectiveness

  2. Time-saving

  3. Confidentiality

  4. Enforceability of settlements


Correct Option: D
Explanation:

While ADR offers many benefits, the enforceability of settlements is not a direct advantage. Settlements reached through ADR are generally binding on the parties involved.

What is the role of a conciliator in ADR?

  1. To act as a neutral third party

  2. To facilitate negotiations between parties

  3. To make a binding decision on the dispute

  4. None of the above


Correct Option: B
Explanation:

A conciliator's role is to help parties negotiate and reach a mutually acceptable settlement, rather than making a binding decision.

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

  1. Mediation

  2. Arbitration

  3. Conciliation

  4. Litigation


Correct Option: D
Explanation:

Litigation is a formal court process, whereas ADR methods are alternative means of resolving disputes outside of the traditional court system.

What is the primary objective of the Arbitration and Conciliation Act, 1996?

  1. To promote arbitration as an effective means of dispute resolution

  2. To provide a framework for the conduct of arbitration proceedings

  3. To enforce arbitral awards

  4. All of the above


Correct Option: D
Explanation:

The Arbitration and Conciliation Act, 1996, aims to promote arbitration, provide a framework for arbitration proceedings, and ensure the enforceability of arbitral awards.

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:

While an arbitration agreement must be in writing, signed by all parties, and specify the subject matter of the dispute, notarization is not a requirement under the Arbitration and Conciliation Act, 1996.

What is the time limit for filing an application for the appointment of an arbitrator under the Arbitration and Conciliation Act, 1996?

  1. 30 days

  2. 60 days

  3. 90 days

  4. 120 days


Correct Option: A
Explanation:

As per Section 11(6) of the Arbitration and Conciliation Act, 1996, an application for the appointment of an arbitrator must be filed within 30 days from the date of receipt of the notice of arbitration.

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

  1. Fraud or corruption by the arbitrator

  2. Serious irregularity in the conduct of the arbitration proceedings

  3. Failure to give a proper hearing to a party

  4. Mistake of law apparent on the face of the award


Correct Option: D
Explanation:

Mistake of law apparent on the face of the award is not a ground for setting aside an arbitral award under the Arbitration and Conciliation Act, 1996.

What is the role of the Supreme Court of India in ADR?

  1. To hear appeals from arbitral awards

  2. To appoint arbitrators in certain cases

  3. To set aside arbitral awards on limited grounds

  4. All of the above


Correct Option: D
Explanation:

The Supreme Court of India plays a crucial role in ADR by hearing appeals from arbitral awards, appointing arbitrators in certain cases, and setting aside arbitral awards on limited grounds.

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

  1. Mediation

  2. Arbitration

  3. Conciliation

  4. Negotiation


Correct Option: D
Explanation:

Negotiation is a direct form of dispute resolution between parties without the involvement of a third party, whereas mediation, arbitration, and conciliation are all forms of ADR involving a neutral third party.

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