CUET Legal Studies MCQs Arbitration Tribunal Adjunction and Alternative Dispute Resolution

Question. Stages of negotiations-
a) Bargaining
b) Preparation
c) All of the above
d) Opening

Answer : C

Question. Which among the following is the main objective of the Arbitration Act, 1996?
a) To comprehensively cover international commercial arbitration
b) To ensure that arbitral tribunal within the limits of court’s jurisdiction
c) To minimize the supervisory role of courts in the arbitral process
d) None of the above

Answer : C

Question. In the Arbitration and Conciliation Act, 1996, Conciliation is covered in
a) Part 3 of the Act
b) Part 1 of the Act
c) Part 2 of the Act
d) Part 4 of the Act

Answer : A

Question. The number of conciliators, unless otherwise agreed by the parties, shall _____________
a) Three
b) One
c) Be even
d) Not be even

Answer : C

Question. Lok adalat introduced in-
a) 1984
b) None of the above
c) 1986
d) 1982

Answer : D

Question. Which of the following matters cannot be referred to ADR
a) Criminal Case
b) Customer complaints
c) Civil Cases
d) Cases of tradfe disputes criminal cases

Answer : A

Question. Which of the following are essential ingredients of a valid arbitration agreement
a) There must be an agreement between the parties
b) It must be in orally
c) None of the above
d) There is no meed of agreement between the parties

Answer : A

Question. While drafting a contract_________.
a) it would be a bad idea to include a mediation clause as it would delay the resolution of the dispute
b) it would be a good idea to include a mediation clause so that the dispute could be resolved quickly
c) it is not necessary to include a mediation clause
d) there is no such thing called as a mediation clause there is only a mediation settlement agreement

Answer : B

Question. Part I of the Arbitration and Conciliation Act, 1996 applies where:
a) the place of arbitration is in India
b) the place of arbitration is outside India, but is in Asia
c) the place of arbitration is outside India, but is in Europe
d) the place of arbitration is anywhere in the world

Answer : A

Question. ____________ of the Arbitration and Conciliation Act, 1996 deals with the jurisdiction of arbitral
a) Chapter IV
b) Chapter V
c) Chapter III
d) Chapter VI

Answer : B

Question. An arbitral award shall be enforced in the same manner as if it were a decree of:
a) local authority
b) the court
c) the tribunal
d) Both (B) and (C)

Answer : C

Question. A dispute resolution method where a person facilitates parties to exchange information, ideas and possible alternative solutions:
a) arbitration
b) negotiation
c) mediation
d) litigation

Answer : C

Question. Section of the 34 the arbitration and conciliation act 1996 deals with __________?
a) Appointment of arbitrators
b) Interim measures ordered b the arbitral tribunal
c) Termination of proceedings
d) Application for setting aside an arbitral award

Answer : D

Question. What are need of ADR
a) Time saving management
b) All of the above
c) Amicable and economicl settlement of disputes
d) Speedy Disposal of dispute

Answer : B

Question. The 'Procurator system' is still running in which of the following countries:
a) New Zealand
b) Russia
c) Sweden
d) India

Answer : B

Question. The number of conciliators, unless otherwise agreed by the parties, shall _________.
a) not be even
b) be even
c) one
d) three

Answer : B

Question. A mediator should not have which of the following qualities?
a) Prejudiced
b) Flexible
c) Permissive
d) Imaginitive

Answer : A

Question. The Legal Services Authorities Act, came into force on ___________?
a) 19th November 1987
b) 10th October 1996
c) 19th November 1995
d) 1st Janaury 1999

Answer : C

Question. Which was the first Commonwealth country in the world to adopt the Ombudsman system?
a) New Zealand
b) India
c) United Kingdon
d) Sweden

Answer : A

Question. Which of the following in the correct statement:
a) an arbitral award can be inferred with if it is contrary to the substantive provisions of the Act or against the terms of the contract
b) an arbitral award can be set aside if the arbitral tribunal has not followed the mandatory procedure prescribed under the Act
c) an arbitral award can be set aside if it is contrary to fundamental policy of Indian law, or the interest of India, or justice or morality
d) All of the above

Answer : D

Question. Authorities under the Industrial Disputes Act,1947-
a) Conciliation officer
b) Both a and b
c) Boards of conciliation
d) None of the above

Answer : B

Question. In a case relating to arbitration, the arbitral award was remitted under section 16 of the Arbitration Act, 1940. The date of award was 1st June, 1992. The Arbitration and Conciliation Act came into force on 22 August, 1996. The validity of award can be challenged under the:
a) Limitation Act, 1963
b) General Clauses Act, 1897
c) Arbitration Act, 1940
d) Arbitration and Conciliation Act, 1996 only

Answer : C

Question. An arbitral award made under Part l of the Arbitration and Conciliation Act, 1996 shall be considered as a:
a) domestic award
b) foreign award
c) general award
d) international award

Answer : A

Question. Which of the following model law was used by the Indian Arbitration and Conciliation Act, 1996?
a) Constitution of India
b) Guidelines of Supreme Court of India
c) European Commercial Arbitration Procedure
d) UNCITRAL, 1985.

Answer : D

Question. In the matters governed by Part I of the Arbitration and Conciliation Act, 1996:
a) a judicial authority can intervene generally
b) a judicial authority shall not intervene under any circumstances
c) a judicial authority cannot intervene except where so provided in this Part
d) either (A) or (C)

Answer : C

Question. Arbitral proceedings commence:
a) on the date on which a request for a dispute to be referred to arbitration is received by the respondent
b) on the date when the respondent gives consent to the appointment of the arbitrator c) on the date when the arbitrator issues notice of the parties
d) on the date when the statement of claim and written submission of defence is made

Answer : A

Question. The power of court to refer parties for arbitration would and must necessarily include, imply and inhere in it:
a) the power and jurisdiction to advise the parties
b) the power and jurisdiction to review the award
c) the power and jurisdiction to appoint the arbitrator
d) the power and jurisdiction to call for another arbitrator.

Answer : C

Question. The provisions of 1996 Act have to be interpreted being uninfluenced by principles underlying under 1940 Act. This observation was laid down in:
a) M.M.T. c) Ltd) vs Sterlite Industries (India) Ltd, AIR 1997 SC 605
b) Sundamm Finace Ltd) vs N.E.P.c) India Ltd), AIR 1999 SC 565.
c) Olympus Super Structures Pvt. Ltd) vs Meemz Vijay Khetan, AIR 1999 SC 2102.
d) Orma Impex Pvt. Ltd) vs Nissuri Arb) Pte. Ltd), AIR 1999 SC 2871.

Answer : B

Question. Which one of the following committees recommended the establishment of the institutions of Lokpal and Lokayukta
a) Administrative Reforms Commission
b) Appleby Committee
c) Gorwala Committee
d) Ashok Mehta Committee

Answer : A

Question. Award of lok adalat is –
a) Final
b) All of the above
c) Not binding on the Parties
d) Final and binding on the parties

Answer : D

Question. Which section of the arbitration and conciliation act 1996 deal with the Arbitration agreement?
a) Section 4
b) Section 5
c) Section 12
d) Section 7

Answer : D

Question. At present, institutions for the redressal of citizen's grievances in India include:
a) Administrative Tribunals and the Lokpal
b) Supreme Court and the Lokpal
c) Lokpal and the Lokayukta
d) Lokayukta and the Supreme Court

Answer : D

Question. ADR stands for__________
a) Alternative Dispute Resolution
b) Automated discovery Response
c) Alternate Dispute Resolution
d) Automated Dispute Resolution

Answer : A

Question. A dispute resolution method where a person facilitates parties to exchange information, ideas and possible alternative solutions
a) Arbitration
b) Negotiation
c) Litigation
d) Mediation

Answer : D

Question. In the matters governed by Part I of the Arbitration and Conciliation Act, 1996:
a) a judicial authority can intervene generally
b) a judicial authority shall not intervene under any circumstances
c) a judicial authority cannot intervene except where so provided in this Part
d) either (A) or (C)

Answer : C

Question. The validity of an arbitration agreement does not depend on the number of arbitrators specified therein, as the Act does not suggest the requirement of the number of arbitrators for an arbitration agreement’: this was laid down in:
a) Orma Impex Pvt. Ltd) vs Nissuri Arb) Pte Ltd), AIR 1999 SC 2871
b) Olympus Super Structures Pvt. Ltd) vs Meena Vijay Khetan, AIR 1999 SC 2102
c) M.M.T.c) Ltd) vs Sterlite Industris (India) Ltd), AIR 1997 SC 605
d) None of the above

Answer : C

Question. An arbitral award:
a) must be connected with the subject-matter of the dispute arbitrated
b) must be founded on principle of trust
c) Both (A) and (B) are correct
d) Only (A) is correct

Answer : D

Question. An arbitral award becomes enforceable when:
a) the time for making an application for setting aside the arbitral award has expired and no such application has been made
b) an application for setting aside the arbitral award has been refused
c) either (A) or (B)
d) neither (A) nor (B)

Answer : C

Question. An arbitral award:
a) has to be in writing but need not be signed
b) has to be in writing and signed by the members of the arbitral tribunal
c) may be oral
d) either (A) or (B) or (C)

Answer : B

Question. An arbitrator:
a) is chosen and paid by the disputant
b) acts in accordance with privately chosen procedure so far as that is not repugnant to public policy
c) Only (A) is correct
d) Both (A) and (B) are correct.

Answer : D

Question. An arbitral award:
a) must state the reasons upon which it is based
b) must state the reasons upon which it is based only when the parties have agreed for the same
c) need not state the reason upon which it is based
d) may state or may not state the reasons upon which it is based as per discretion of the members of the arbitral tribunal

Answer : A

Question. Mediation is not ________.
a) recognised by legislation in India
b) recognised as an alternate dispute resolution mechanism for all disputes in India
c) recognised as an alternate dispute resolution mechanism for certain kinds of disputes approved by legislation
d) not an alternative dispute resolution mechanism
Answer : C

Question. A sum directed to be paid by an arbitral award shall carry interest:
a) @ 6% per annum from the date of the award till the date of payment
b) @ 12% per annum from the date of the award till the date of payment
c) 18% per annum from the date of the award till the date of payment
d) 24 % per annum from the date of the award till the date of payment

Answer : C

Question. In the Arbitration & Conciliation Act, 1996, Conciliation is covered in:
a) Part 1 of the Act
b) Part 2 of the Act
c) Part 3 of the Act
d) Part 4 of the Act

Answer : C

Question. Finality to arbitral awards within meaning of section 35 of the Arbitration and Conciliation Act, 1996 shall:
a) not be binding on parties
b) be binding on government authority
c) be binding on first party only
d) be binding on the parties and person claiming under them respectively

Answer : D

Question. Conciliation proceeding come to an end when ______.
a) it appears to the conciliator that there exists the possibility of a settlement
b) the conciliator formulates the terms of a settlement
c) the parties along with the conciliator draw up a plan for settlement
d) the settlement agreement signed by the parties comes into existence

Answer : D

Question. After the arbitral award is made, each party shall be delivered:
a) the original award
b) a signed copy of the award
c) a photocopy of the award
d) an unsigned copy of the award

Answer : B

Question. Which of the following matters cannot be referred to ADR?
a) customer complaints
b) civil cases
c) criminal cases
d) cases of trade disputes

Answer : C

Question. In __________, a neutral third party assists the disputing parties in reaching a settlement of their dispute.
a) Arbitration
b) Mediation
c) Negotiation
d) Infiltration

Answer : B

Question. ADR stands for _______.
a) Automated Discovery Response
b) Alternate Dispute Resolution
c) Alternative Dispute Resolution
d) Automated Dispute Resolution

Answer : B