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DJS MOCK TEST
ARBITRATION AND CONCILIATION ACT
KARAN SANGWAN
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KARAN SANGWAN

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KARAN SANGWAN
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एि सपना जाद से हिीित नह ं बन सिता,

इसमें पसीना, ददद , संिल्प और िड़ी मेहनत लगती है ,
पसीने िी स्याह से जो ललखते हैं इरादें िो,
उसिे मुक्िद्दर िे सफ़ेद पन्ने िभी िोरे नह ं होते…!!
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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 2 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.
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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 2 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.

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).

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

The definition of 'Arbitral Tribunal' under the Arbitration and Conciliation Act,
1996 means
(a) sole arbitrator or a panel of arbitrators
(b) sole arbitrator only
(c) panel of arbitrators only
(d) presiding officer.

The definition of 'Arbitral Tribunal' under the Arbitration and Conciliation Act,
1996 means
(a) sole arbitrator or a panel of arbitrators
(b) sole arbitrator only
(c) panel of arbitrators only
(d) presiding officer.

Which is incorrect statement:
(a) Arbitration agreement is a kind of contract
(b) Parties to the arbitration must be legal persons
(c) Arbitration agreement recognises verbal agreement
(d) both (b) and (c) are incorrect.

(a) Arbitration agreement is a kind of contract
(b) Parties to the arbitration must be legal persons
(c) Arbitration agreement recognises verbal agreement
(d) both (b) and (c) are incorrect.

Once an application under section 8 Arbitration and Conciliation Act for referring
the parties to arbitration is allowed, the proceedings in which the application was
made are liable to be
(a) stayed
(b) adjourned sine die
(c) dismissed as not maintainable
(d) either (a) or (b).

Once an application under section 8 Arbitration and Conciliation Act for referring
the parties to arbitration is allowed, the proceedings in which the application was
made are liable to be
(a) stayed
(b) adjourned sine die
(c) dismissed as not maintainable
(d) either (a) or (b).

The court has a jurisdiction to entertain an application for interim measures:
(a) either before arbitral proceeding or after making of the arbitral award
(b) before the arbitral award is enforced
(c) can exercise power Suo motu
(d) both (a) and (b).

The court has a jurisdiction to entertain an application for interim measures:
(a) either before arbitral proceeding or after making of the arbitral award
(b) before the arbitral award is enforced
(c) can exercise power Suo motu

In an arbitration by three arbitrators where the parties fail to agree upon
appointment of arbitrators, under section 11, Arbitration and Conciliation Act,
1996
(a) each party shall appoint one, and the two appointed arbitrators shall appoint
the third arbitrator
(b) the claimant shall appoint two arbitrators and the disputant shall appoint one
(c) the disputant shall appoint two arbitrators and the claimant shall appoint one
(d) all the three, to be appointed by the Court.

In an arbitration by three arbitrators where the parties fail to agree upon
appointment of arbitrators, under section 11, Arbitration and Conciliation Act,
1996
(a) each party shall appoint one, and the two appointed arbitrators shall appoint
the third arbitrator
(b) the claimant shall appoint two arbitrators and the disputant shall appoint one
(c) the disputant shall appoint two arbitrators and the claimant shall appoint one
(d) all the three, to be appointed by the Court.

Where there is a challenge to arbitrator under any procedure agreed upon by the
parties, the Arbitral Tribunal shall
(a) send the matter to the court
(b) appoint any other arbitrator at its own discretion
(c) not continue the arbitral proceedings
(d) continue the arbitral proceedings and shall decide on the challenge.

Where there is a challenge to arbitrator under any procedure agreed upon by the
parties, the Arbitral Tribunal shall
(a) send the matter to the court
(b) appoint any other arbitrator at its own discretion
(c) not continue the arbitral proceedings
(d) continue the arbitral proceedings and shall decide on the challenge.

The expression 'costs' under section 31 means reasonable costs relating to:
(a) fees and expenses of the arbitrators
(b) administration fees of the institution supervising the arbitration
(c) only (a)

The expression 'costs' under section 31 means reasonable costs relating to:
(a) fees and expenses of the arbitrators
(b) administration fees of the institution supervising the arbitration
(c) only (a)

An application for setting aside an arbitral award must be made by the party after
receiving the award within:
(a) three months
(b) thirty days
(c) ninety days
(d) forty days

An application for setting aside an arbitral award must be made by the party after
receiving the award within:
(a) three months
(b) thirty days
(c) ninety days
(d) forty days

(a) an award of an arbitral tribunal can be set aside partly.
(b) the arbitral tribunal may by terminate the arbitral proceedings order
(c) an arbitral award shall be made in writing and shall be signed by the members
of the arbitral tribunal
(d) none of the above.

(a) an award of an arbitral tribunal can be set aside partly.
(b) the arbitral tribunal may by terminate the arbitral proceedings order
(c) an arbitral award shall be made in writing and shall be signed by the members
of the arbitral tribunal

Which of the following is incorrect statement:
(a) The New York Convention shall apply to the arbitral awards made in state
where their recognition and enforcement is sought
(b) The New York Convention shall apply to arbitral awards not considered as
"domestic awards' where their recognition and enforcement is sought
(c) both (a) and (b)

(a) The New York Convention shall apply to the arbitral awards made in state
where their recognition and enforcement is sought
(b) The New York Convention shall apply to arbitral awards not considered as
"domestic awards' where their recognition and enforcement is sought

Part 1 of the Act deals with:
(a) Domestic Arbitration
(b) New York Convention awards
(c) UNCITRAL

Part 1 of the Act deals with:
(b) New York Convention awards
(c) UNCITRAL

Section 64, which provides for the procedure for the appointment of the
conciliator is enacted on the basis of:
(a) Article 2 of UNCITRAL Conciliation Rules
(b) Article 4 of UNCITRAL Conciliation Rules
(c) Article 3 of UNCITRAL Conciliation Rules

Section 64, which provides for the procedure for the appointment of the
conciliator is enacted on the basis of:
(a) Article 2 of UNCITRAL Conciliation Rules
(b) Article 4 of UNCITRAL Conciliation Rules
(c) Article 3 of UNCITRAL Conciliation Rules

The 'Principle of Confidentiality is laid down under:
(a) section 76
(b) section 73
(c) section 75
(d) section 74.

The 'Principle of Confidentiality is laid down under:
(a) section 76
(b) section 73
(c) section 75
(d) section 74.

Bar of non-registration Firm under ate section 69 of Partnership Act, does not
affect maintainability of petition under
(a) section 5 of Arbitration and Conciliation Act
(b) section 9 of Arbitration and Conciliation Act
(c) section 10 of Arbitration and Conciliation Act
(d) section 16 of Arbitration and Conciliation Act.

Bar of non-registration Firm under ate section 69 of Partnership Act, does not
affect maintainability of petition under
(a) section 5 of Arbitration and Conciliation Act
(b) section 9 of Arbitration and Conciliation Act
(c) section 10 of Arbitration and Conciliation Act
(d) section 16 of Arbitration and Conciliation Act.

An arbitration agreement must relate to:
(a) Present dispute.
(b) Past disputes.
(c) Present or future disputes.
(d) All of the above.

An arbitration agreement must relate to:
(a) Present dispute.
(b) Past disputes.
(c) Present or future disputes.
(d) All of the above.

In the absence of an agreement between the parties, the arbitration proceedings
are said to have commenced on
(a) the date On which the first party dispatches a notice of request the second
party for referring the dispute to arbitration
(b) the date on which a request to refer the dispute to arbitration is received by
the second party
(c) when one of the parties submit the claim petition before the arbitrator
(d) none of these

In the absence of an agreement between the parties, the arbitration proceedings
are said to have commenced on
(a) the date On which the first party dispatches a notice of request the second
party for referring the dispute to arbitration
(b) the date on which a request to refer the dispute to arbitration is received by
the second party
(c) when one of the parties submit the claim petition before the arbitrator
(d) none of these

An arbitrator has greater flexibility than judge in terms of procedure and rules of
evidence. The statement is
(a) True
(b) False
(c) Partly correct
(d) None of the above

An arbitrator has greater flexibility than judge in terms of procedure and rules of
evidence. The statement is
(a) True
(b) False
(c) Partly correct
(d) None of the above

Before the enactment of Arbitration and Conciliation Act, 1996 which Act has been
applicable in India for arbitration procedure
(a) The Arbitration Act, 1940
(b) The Code of Civil Procedure, 1908
(c) The General Clauses Act, 1897

Before the enactment of Arbitration and Conciliation Act, 1996 which Act has been
applicable in India for arbitration procedure
(a) The Arbitration Act, 1940
(b) The Code of Civil Procedure, 1908
(c) The General Clauses Act, 1897

For the purpose of section 5 of the Arbitration and Conciliation Act, 1996, which
among the following statements are true:
(a) No Judicial authority shall intervene except where so provided in the Act
(b) Judicial authority shall intervene
(c) Judicial authority shall intervene if Chief justice of India intends so
(d) None of these

For the purpose of section 5 of the Arbitration and Conciliation Act, 1996, which
among the following statements are true:
(a) No Judicial authority shall intervene except where so provided in the Act
(b) Judicial authority shall intervene
(c) Judicial authority shall intervene if Chief justice of India intends so
(d) None of these

After the settlement agreement is reached between the parties to conciliation:
(a) the conciliator makes an award stating the reasons thereof
(b) the conciliator shall authenticate the settlement agreement and furnish a copy
thereof
(c) the conciliator shall refer the matter to the tribunal
(d) none of the above

After the settlement agreement is reached between the parties to conciliation:
(a) the conciliator makes an award stating the reasons thereof
(b) the conciliator shall authenticate the settlement agreement and furnish a copy
thereof
(c) the conciliator shall refer the matter to the tribunal
(d) none of the above

Conciliation law is adopted on the pattern of.
(a) ICADR Rules, 1996
(b) Arbitration (Protocol and Convention) Act, 1937
(c) UNCITRAL Rules, 1980

Conciliation law is adopted on the pattern of.
(a) ICADR Rules, 1996
(b) Arbitration (Protocol and Convention) Act, 1937
(c) UNCITRAL Rules, 1980

Section 53 has limited application because:
(a) it applies to the jurisdiction of different parties to the New York Convention
(b) it applies to the jurisdiction of different parties to the Geneva Convention
(c) it applies to the jurisdiction of domestic land

Section 53 has limited application because:
(a) it applies to the jurisdiction of different parties to the New York Convention
(b) it applies to the jurisdiction of different parties to the Geneva Convention
(c) it applies to the jurisdiction of domestic land

(a) Revision application is not maintainable against appellate order,
(b) the Orders of arbitral tribunals are appealable
(c) any right to appeal to the Supreme Court is not prohibited

(a) Revision application is not maintainable against appellate order,
(b) the Orders of arbitral tribunals are appealable
(c) any right to appeal to the Supreme Court is not prohibited

Section 34 of 1996 Act is analogous to:
(a) section 30 of 1940 Act
(b) section 28 of 1940 Act
(c) section 32 of 1940 Act

Section 34 of 1996 Act is analogous to:
(a) section 30 of 1940 Act

The power of appointment of arbitrator in exercise of power under section 11(6)
of 1996 Act by the Chief Justice or his designate is:
(a) a judicial order
(b) an administrative order
(c) an interim order
(a) none of the above.

The power of appointment of arbitrator in exercise of power under section 11(6)
of 1996 Act by the Chief Justice or his designate is:
(a) a judicial order
(b) an administrative order
(c) an interim order
(a) none of the above.

The 'Presiding Arbitrator' is appointed by:
(a) parties to the arbitration agreement
(b) the appointed arbitrator by each party
(c) the Court

The 'Presiding Arbitrator' is appointed by:
(a) parties to the arbitration agreement
(b) the appointed arbitrator by each party
(c) the Court

Under section 7, Arbitration and Conciliation Act, 1996, an arbitration agreement
(a) shall be in writing
(b) may be oral
(c) either in writing or oral
(d) neither in writing nor oral.

Under section 7, Arbitration and Conciliation Act, 1996, an arbitration agreement
(a) shall be in writing
(b) may be oral
(c) either in writing or oral
(d) neither in writing nor oral.

A party shall be precluded from raising the question of jurisdiction of arbitral
tribunal
(a) where he has appointed the arbitrator
(b) where he has participated in the appointment of the arbitrator
(d) neither (a) nor (b).

A party shall be precluded from raising the question of jurisdiction of arbitral
tribunal
(a) where he has appointed the arbitrator
(b) where he has participated in the appointment of the arbitrator

Statutory arbitration is:
(a) imposed on the parties by operation of law
(b) a compulsory arbitration
(c) where consent of the parties not necessary
(d) all of the above

Statutory arbitration is:
(a) imposed on the parties by operation of law
(b) a compulsory arbitration
(c) where consent of the parties not necessary

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.

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.

To invoke international commercial arbitration it is necessary that at least one of
the parties is:
(a) a body corporate which is incorporated in any country other than India
(b) Government of a foreign country
(c) an individual who is a national of, or habitually resident in any country other
than India.
(d) all of the above,

To invoke international commercial arbitration it is necessary that at least one of
the parties is:
(a) a body corporate which is incorporated in any country other than India
(b) Government of a foreign country
(c) an individual who is a national of, or habitually resident in any country other
than India.

The arbitral tribunal may arrange for administrative assistance by a suitable
(a) institution
(b) person
(c) either institution or person

The arbitral tribunal may arrange for administrative assistance by a suitable
(a) institution
(b) person
(c) either institution or person

The word 'arbitration' in 1996 Act connotes the same meaning as contained in:
(a) Article 2(d) of Model Law of UNCITRAL
(b) Article 2(b) of Model Law of UNCITRAL
(c) Article 2(a) of Model Law of UNCITRAL
(d) none of above.

The word 'arbitration' in 1996 Act connotes the same meaning as contained in:
(a) Article 2(d) of Model Law of UNCITRAL
(b) Article 2(b) of Model Law of UNCITRAL
(c) Article 2(a) of Model Law of UNCITRAL
(d) none of above.

Section 9 of 1996 Act is identical to:
(a) section 41(b) of 1940 Act

Section 9 of 1996 Act is identical to:
(a) section 41(b) of 1940 Act

The party applying for the enforcement of a foreign award shall, produce before
the court
(a) original award copy thereof authenticated by law of the country
(b) original agreement for arbitration or duly certified copy thereof
(c) such evidence as may be necessary to prove that the award is a foreign award
(d) all of the above.

The party applying for the enforcement of a foreign award shall, produce before
the court
(a) original award copy thereof authenticated by law of the country
(b) original agreement for arbitration or duly certified copy thereof
(c) such evidence as may be necessary to prove that the award is a foreign award

Section 38 deals with:
(a) unpaid costs of arbitration
(b) fixation of the costs of an arbitration

Section 38 deals with:
(a) unpaid costs of arbitration
(b) fixation of the costs of an arbitration

Part Ill of the Act, shows the importance of:
(a) voluntary conciliation
(b) involuntary conciliation
(c) directive conciliation

Part Ill of the Act, shows the importance of:
(a) voluntary conciliation
(b) involuntary conciliation
(c) directive conciliation

The provisions for the appointment of the conciliator is laid down under:
(a) section 64
(b) section 67
(c) section 62
(d) section 61.

The provisions for the appointment of the conciliator is laid down under:
(a) section 64
(b) section 67
(c) section 62
(d) section 61.

A written arbitration agreement is authentic if it is contained in:
(a) a document signed by the parties
(b) an exchange of letters, telex, telegrams of other means of telecommunication
which provide a record of the agreement
(c) an exchange of statements of claim and defence in which the existence of the
agreement is alleged by one party and not denied by the other
(d) All the options are correct.

A written arbitration agreement is authentic if it is contained in:
(a) a document signed by the parties
(b) an exchange of letters, telex, telegrams of other means of telecommunication
which provide a record of the agreement
(c) an exchange of statements of claim and defence in which the existence of the
agreement is alleged by one party and not denied by the other
(d) All the options are correct.

Inability of counsel to appear due to illness before arbitrator is a ground covered
(a) under section 30 of Arbitration Act, 1940
(b) under section 34(2) of Arbitration and Conciliation Act, 1996
(c) under section 30 of the Limitation Act, 1963
(d) under section 31 of Arbitration and Conciliation Act. 1996.

Inability of counsel to appear due to illness before arbitrator is a ground covered
(a) under section 30 of Arbitration Act, 1940
(b) under section 34(2) of Arbitration and Conciliation Act, 1996
(c) under section 30 of the Limitation Act, 1963
(d) under section 31 of Arbitration and Conciliation Act. 1996.

Under which section of the Arbitration and Conciliation Act, 1996, Time limit for
arbitral award is given
(a) Section 28A
(b) Section 29A
(c) Section 34A
(d) Section 30A.

Under which section of the Arbitration and Conciliation Act, 1996, Time limit for
arbitral award is given
(a) Section 28A
(b) Section 29A
(c) Section 34A
(d) Section 30A.

Private arbitration is also known as
(b) Integral Arbitration
(c) Fast track Arbitration
(d) Consensual Arbitration

Private arbitration is also known as
(b) Integral Arbitration
(c) Fast track Arbitration
(d) Consensual Arbitration

The mandate of an arbitrator shall terminate if:
(a) he becomes de jure or de facto unable to perform his functions or for other
reasons fails to act without undue delay
(b) he withdraws from his office or the parties agree to the termination of his
mandate
(c) both (a) and (b) are correct
(d) only (b) is correct.

The mandate of an arbitrator shall terminate if:
(a) he becomes de jure or de facto unable to perform his functions or for other
reasons fails to act without undue delay
(b) he withdraws from his office or the parties agree to the termination of his
mandate
(c) both (a) and (b) are correct
(d) only (b) is correct.

The conciliation proceedings shall be terminated:
(a) by signing of the settlement agreement by the parties, on the date of
agreement
(b) by written declaration of the parties and the conciliator to terminate the
conciliation proceedings on the date of declaration
(c) by written declaration of the parties addressed to the concillator to the effect
that conciliation proceedings are terminated, on the date of declaration

The conciliation proceedings shall be terminated:
(a) by signing of the settlement agreement by the parties, on the date of
agreement
(b) by written declaration of the parties and the conciliator to terminate the
conciliation proceedings on the date of declaration
(c) by written declaration of the parties addressed to the concillator to the effect
that conciliation proceedings are terminated, on the date of declaration

Section 48 lays down the provision for.
(a) foreign award
(b) power of judicial authority to refer parties to arbitration
(c) binding effect of foreign award
(d) conditions for enforcement of foreign awards.

Section 48 lays down the provision for.
(a) foreign award
(b) power of judicial authority to refer parties to arbitration
(c) binding effect of foreign award
(d) conditions for enforcement of foreign awards.

Under section 34, misconduct in proceeding means:
(a) proceeding ex parte without sufficient cause
(b) improper rejection of evidence
(d) only (a).

Under section 34, misconduct in proceeding means:
(a) proceeding ex parte without sufficient cause
(b) improper rejection of evidence
(d) only (a).

When the mandate of an arbitrator terminate
(a) no other arbitrator shall be appointed
(b) a substituted arbitrator shall be appointed
(c) the matter shall be sent to the court
(d) the dispute shall remain undecided by the Arbitrators.

When the mandate of an arbitrator terminate
(a) no other arbitrator shall be appointed
(b) a substituted arbitrator shall be appointed
(c) the matter shall be sent to the court
(d) the dispute shall remain undecided by the Arbitrators.

Which is the incorrect statement:
The High Court before appointing an arbitrator, shall have due regard to-
(a) qualifications required of the arbitrators by the agreement of the parties
(b) nationality of the arbitrator
(c) other consideration which are likely to secure the appointment of an impartial
arbitrator.
(d) None of the above.

Which is the incorrect statement:
The High Court before appointing an arbitrator, shall have due regard to-
(a) qualifications required of the arbitrators by the agreement of the parties
(b) nationality of the arbitrator
(c) other consideration which are likely to secure the appointment of an impartial
arbitrator.
(d) None of the above.

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