Enforcement of ADR Awards

Description: This quiz is designed to test your knowledge about the enforcement of ADR awards in India. It covers various aspects of ADR, including the legal framework, procedures, and challenges.
Number of Questions: 15
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Tags: adr arbitration mediation conciliation enforcement
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Which of the following is not a method of ADR?

  1. Arbitration

  2. Mediation

  3. Conciliation

  4. Litigation


Correct Option: D
Explanation:

Litigation is a process of resolving disputes through the courts, while ADR methods are alternative to litigation.

The Arbitration and Conciliation Act, 1996 governs the enforcement of ADR awards in India. True or False?

  1. True

  2. False


Correct Option: A
Explanation:

The Arbitration and Conciliation Act, 1996 is the primary legislation governing ADR in India, including the enforcement of ADR awards.

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

  1. Fraud or corruption

  2. Error of law

  3. Mistake of fact

  4. Public policy


Correct Option: C
Explanation:

Mistake of fact is not a ground for setting aside an ADR award under the Arbitration and Conciliation Act, 1996.

An ADR award is enforceable in India as a decree of a civil court. True or False?

  1. True

  2. False


Correct Option: A
Explanation:

Under the Arbitration and Conciliation Act, 1996, an ADR award is enforceable in India as a decree of a civil court.

Which of the following is not a method of enforcing an ADR award in India?

  1. Filing a suit for enforcement

  2. Applying to the court for execution of the award

  3. Attaching the assets of the party against whom the award is made

  4. Seizing the property of the party against whom the award is made


Correct Option: D
Explanation:

Seizing the property of the party against whom the award is made is not a method of enforcing an ADR award in India.

The time limit for filing a suit for enforcement of an ADR award in India is:

  1. 3 years

  2. 6 years

  3. 12 years

  4. 21 years


Correct Option: A
Explanation:

The time limit for filing a suit for enforcement of an ADR award in India is 3 years from the date of the award.

Which of the following is not a challenge to the enforcement of an ADR award in India?

  1. Lack of jurisdiction

  2. Fraud or corruption

  3. Public policy

  4. Delay in filing the suit for enforcement


Correct Option: D
Explanation:

Delay in filing the suit for enforcement is not a challenge to the enforcement of an ADR award in India.

The Supreme Court of India has held that ADR awards are binding on the parties even if they are erroneous. True or False?

  1. True

  2. False


Correct Option: A
Explanation:

The Supreme Court of India has held that ADR awards are binding on the parties even if they are erroneous, unless they are set aside by a court.

Which of the following is not a factor that courts consider when determining whether to enforce an ADR award?

  1. The fairness of the ADR process

  2. The expertise of the ADR provider

  3. The enforceability of the ADR award in other jurisdictions

  4. The cost of the ADR process


Correct Option: D
Explanation:

The cost of the ADR process is not a factor that courts consider when determining whether to enforce an ADR award.

The Arbitration and Conciliation (Amendment) Act, 2019 introduced several changes to the enforcement of ADR awards in India. Which of the following is not one of those changes?

  1. Reducing the time limit for filing a suit for enforcement

  2. Allowing for the enforcement of foreign ADR awards

  3. Providing for the appointment of ADR ombudsmen

  4. Increasing the scope of judicial review of ADR awards


Correct Option: D
Explanation:

The Arbitration and Conciliation (Amendment) Act, 2019 did not increase the scope of judicial review of ADR awards.

Which of the following is not a benefit of enforcing ADR awards?

  1. Reduced costs

  2. Faster resolution of disputes

  3. Increased access to justice

  4. Enhanced certainty and predictability


Correct Option: D
Explanation:

Enhanced certainty and predictability is not a benefit of enforcing ADR awards.

The enforcement of ADR awards in India is governed by:

  1. The Arbitration and Conciliation Act, 1996

  2. The Code of Civil Procedure, 1908

  3. The Indian Contract Act, 1872

  4. The Specific Relief Act, 1963


Correct Option: A
Explanation:

The enforcement of ADR awards in India is governed by the Arbitration and Conciliation Act, 1996.

Which of the following is not a ground for refusing to enforce an ADR award under the Arbitration and Conciliation Act, 1996?

  1. The award is contrary to public policy

  2. The award is based on fraud or corruption

  3. The award is in violation of the law

  4. The award is ambiguous or unintelligible


Correct Option: D
Explanation:

Ambiguity or unintelligibility of the award is not a ground for refusing to enforce an ADR award under the Arbitration and Conciliation Act, 1996.

The time limit for challenging an ADR award under the Arbitration and Conciliation Act, 1996 is:

  1. 30 days

  2. 60 days

  3. 90 days

  4. 120 days


Correct Option: C
Explanation:

The time limit for challenging an ADR award under the Arbitration and Conciliation Act, 1996 is 90 days from the date of the award.

Which of the following is not a method of enforcing an ADR award under the Arbitration and Conciliation Act, 1996?

  1. Filing a suit for enforcement

  2. Applying to the court for execution of the award

  3. Attaching the assets of the party against whom the award is made

  4. Seizing the property of the party against whom the award is made


Correct Option: D
Explanation:

Seizing the property of the party against whom the award is made is not a method of enforcing an ADR award under the Arbitration and Conciliation Act, 1996.

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