ALTERNATIVE DISPUTE RESOLUTION

MULTIPLE CHOICE QUESTIONS (WITH ANSWERS)

Q.1 Which of the following ADR process is quasi- judicial?

a) Arbitration

b) Conciliation

c) Mediation

d) Negotiation

Q.2 Which of the following ADR process is non- judicial?

a) Arbitration

b) Conciliation

c) Mediation

d) Mediation and Conciliation

Q.3 What are the similarities in Arbitration and Mediation?

a) Both are non-judicial process.

b) Both are out of court settlement.

c) Both are quasi-judicial process.

d) Both are costly process.

Q.4 When did Legal Services Authority Act come into force?

a) 1987

b) 1994

c) 1995

d) 1997

Q.5 In which year Permanent Lok Adalat is included in Legal Services Authority Act?

a) 2000
b) 2002

c)2004

d) 2009

Q.6 What can be the max. limit of value of property to be referred to Permanent Lok Adalat as
per the Central Government notification of 2015?

a) 25 lakhs

b) 50 lakhs

c) 1 crore

d) 2 crore

Q.7 Which chapter of Legal Services Authority Act mentions about Permanent Lok Adalat?

a) Chapter I

b) Chapter V

c) Chapter VI-A

d) Chapter VII-A

Q.8 Who is not eligible for legal aid?

a) A woman who is from general category and has annual income of Rs. 50 lakh

b) A man who is from general category and has annual income of Rs. 10lakh.

c) A child

d) An industrial workman

Q.9 What is not included in Access to justice?

a) The State must provide an effective adjudicatory mechanism.

b) The mechanism so provided must be reasonably accessible in terms of distance.

c) The process of adjudication must be speedy.

d The litigant's access to the adjudicatory process must be unaffordable.

Q.10 Who is not eligible to be a member of National Legal Services Authority?

(a) the Chief Justice of India.

(b) a serving or retired Judge of the Supreme Court to be nominated by the President.

(c) such number of other members, possessing such experience and qualifications, as may be
prescribed by the Central Government, to be nominated by that Government in consultation with
the Chief Justice of India.

d) a serving or retired Judge of the Supreme Court to be nominated by the President, in

consultation with the Chief Justice of India.

Q.11 Who constitutes Taluk Legal Services Committee?

a) National Legal Services Authority

b) State Legal Services Authority

c) District Legal Services Authority

d) Supreme Court Legal Services Committee

Q.13 What are the similarities in Conciliation and Mediation?

a) Both are judicial process.

b) Both are non- judicial process.

c) Both are quasi-judicial process.

d) Both are costly process.

Q. 14 Which provision of Civil Procedure Code, 1908 exempts an indigent person from paying
requisite court fee in a suit?

a) Order XXX

b) Order XXXII

c) Order XXXIII

d) Order XLIV

Q.15 Which provision of Civil Procedure Code, 1908 exempts an indigent person from paying
requisite court fee, while filing anappeal ?

a) Order XXX

b) Order XXXII
c) Order XXXIII

d) Order XLIV

Q.16 Under which provision of Criminal Procedure Code, 1908 the legal aid to the accused is
provided at the State expense?

a) Section 304

b) Section 303

c) Section 320

d) Section 221

Q. 17 Who gave the statement “Legal aid is an instrument by which the poor can enforce his
right” ?

a) Lord Denning

b) Pollock

c) Justice Krishna Iyer

d) Lord Blackburn

Q.18 UDHR stands for ________

a) Union Declaration of Human Rights

b) Universal Declaration of Human Rights

c) United Nations Declaration of Human Rights

d) Universally Declared Human Rights

Q.19 Which of the following point is mentioned in Article 39A, Constitution of India?

a)  The State shall strive to promote the welfare of the people by securing and protecting as
effectively as it may a social order in which justice, social, economic and political, shall inform
all the institutions of the national life.

b) The State shall make provision for securing just and humane conditions of work.

c) The State shall, in particular, strive to minimize the inequalities in income, and endeavor to
eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also
amongst groups of people residing in different areas or engaged in different vocations.
d) The State shall secure that the operation of the legal system promotes justice, on a basis of
equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or
schemes or in any other way, to ensure that opportunities for securing justice are not denied to
any citizen by reason of economic or other disabilities.

Q.20 Which of the following is the correct statement regarding Medola and Mediation?

a) In both processes, the third party can make the settlement for the parties.

b) In both processes, the third party can not make the settlement for the parties.

c) In Medola, the third party can make the settlement for the parties. But, it cannot be made in
Mediation.

d) In Mediation, the third party can make the settlement for the parties. But, it can not be made in
Medola.

Q.21 Which of the following point is mentioned in Article 38, Constitution of India?

a)  The State shall strive to promote the welfare of the people by securing and protecting as
effectively as it may a social order in which justice, social, economic and political, shall inform
all the institutions of the national life.

b) The State shall make provision for securing just and humane conditions of work.

c) It shall be the obligation of the State to protect every monument or place or object of artistic or
historic interests, declared by or under law made by Parliament to be of national importance,
from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.

d) The State shall secure that the operation of the legal system promotes justice, on a basis of
equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or
schemes or in any other way, to ensure that opportunities for securing justice are not denied to
any citizen by reason of economic or other disabilities.

Q.23 Which of the following is not a Hybrid ADR process?

a) MEDOLA

b) MED-ARB

c) Conciliation

d) Mini trial

Q.22 Which of the following term is not defined in Legal Services Authority Act, 1987?

a) Legal aid
b) Legal services

c) Lok Adalat

d) Court

Q.23 What is the status of award by Lok Adalat?

a) Every award of the Lok Adalat shall be deemed to be a decree of a civil court.

b) Every award of the Lok Adalat shall not be deemed to be a decree of a civil court.

c) Every award of the Lok Adalat may be deemed to be a decree of a civil court.

d) Every award of the Lok Adalat may not be deemed to be a decree of a civil court.

Q.24 Which of the following case provides about the list of cases which can be and cannot
referred to ADR process?

a) Anita Kushwalav.Pushap Sudan

b) K.N.GovindanKutty Menon v. C D Shaji

c)Sheela Barsev. State of Maharashtra

d) Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co Private Ltd.

Q.25 Which provision provides about criteria for giving legal services?

a) Section 10

b) Section 11

c) Section 12

d) Section 13

Q.26 Match the following

1.Anita Kushwalav.Pushap Sudan i.AIR 2016 SC 3506

2. K.N.GovindanKutty Menon v. C D Shaji ii.2010 AIR SCW 4983

3. Sheela Barsev. State of Maharashtra iii. (1987) 3 SCC 50

4. Afcons Infrastructure Ltd. v. Cherian Varkey Const.Co Pvt. Ltd. iv. AIR 2012 SC 719
a) 1-i, 2-ii ,3-iii , 4-iv

b) 1-iv ,2-ii ,3-iii , 4-i

c) 1-i,2-iv ,3-iii , 4-ii

d) 1- ii,2-iii ,3-i , 4-iv

Q.27 Where the record of the case is returned under section 20 (5) to the court, from which stage
shall the court shall proceed?

a) the court shall proceed to deal with such case from the stage which was reached before such
reference under section 20(1).

b)the court shall proceedto deal with such case from the stage which was reached before such
reference under section 20 (2).

c)the court shall not proceed to deal with such case from the stage which was reached before
such reference under section 20 (1).

d) the court shall not proceed to deal with such case from the stage which was reached before
such reference under section 20 (2).

Q.28 Which statement is not correct about Lok Adalat and Permanent Lok Adalat?

a) In Lok Adalat, matters are referred by Court but not in Permanent Lok Adalat.

b) Permanent Lok Adalat covers matters relating to public utility services only, but Lok Adalat
does not.

c)Lok Adalat covers matters relating to public utility services only, but Permanent Lok Adalat
does not.

d) The powers of Lok Adalat and Permanent Lok Adalat are same.

Q.29 Can Lok Adalat pass the award on merits?

a) Yes

b) No

c) Sometimes

Q.30 Who can not organize Lok Adalats?

a) State Authority

b) District Authority
c) Supreme Court Legal Services Committee

d) Local Authority

Q.31 Negotiation is a_______________ procedure

A. Binding procedure

B. Non-binding procedure

C. Prospective binding

D. Retrospective binding

Q.32 Which of the following are the correct advantages of Negotiation?

A. Quick, Economic Process and Privacy.

B. Cheap Process and Might not come to a decision.

C. Privacy and Lack of certainty.

D. Might not come to a decision and its Quick.

Q.33 The mediator is a ____

A. Judge.

B. Advisor.

C. Expert.

D. Facilitator.

Q34 When parties are struck on their position in the negotiation process, they are probably
involved in ______

a) Distributive negotiation
b) Integrative
c) None
d) Both
Q35 When parties are focusing not on their position but on interest in the negotiation process,
they are probably involved in

a) Distributive negotiation
b) Integrative
 c) None
d) Both
Q.36 Types of mediation

A) court annexed

b) Private mediation

c) none

d) both

Q37 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
Q38. A mediator should not have which of the following qualities

a) Prejudiced
b) Flexible
c) Permissive
d) Neutral
Q 39. In ____________, a neutral third party assists the disputing parties in reaching a
settlement of their dispute.

a. Arbitration
b. Mediation
c. Negotiation
d. Infiltration
Q40. 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
d) not an alternative dispute resolution mechanism
Q 41. Bargaining is a common feature of negotiation process

a) true
b) false
c) partly false
 d) none of the above
Q 42 Which provision of CPC provides for mediation?

A. S.89

B) S.90

C) O.X

D) None

Q. 43 Which one is not a negotiation theory?

a) Game, bilateral monopolistic theory, Verbal or non-mathematical theory, Structural theory and
Behavioral theory

b) Game, bilateral monopolistic theory, Verbal or non-mathematical theory

c) Structural theory and Behavioral theory

d) none

Q. 44 Which of the following factors affect International Negotiation?

a) Environmental context: political and legal pluralism like currency fluctuation foreign
government control, international economies, instability and change in government & its policy,
ideology, culture
b) Immediate context: relative bargaining power, level of conflict, relationship between
negotiator, desired outcome
c) both (a) and (b)
d) none

Q.45 Who can be a mediator in court annexed mediation?

a) Retired judge
b) Lawyer
c) both
d) none
Q 46 What is the role of the mediator?
a) Offer a solution to the parties involved in the mediation
b) Act as an impartial third party facilitating discussion without taking a side
c) Investigate the issue being discussed
d) To pronounce the verdict of the jury
Q 47 Is the outcome of mediation legally binding?

A) True
B) False
C) Partly true
D) Partly False

Q 48 What is the sequence / order of Negotiation process?

a) Preparation phase , Presentation or Opening phase , Bargaining phase and Closing or
Agreement phase
b) Preparation / Planning phase , Opening phase Bargaining phase, Presentation of
proposal and Closing or Agreement phase
c) None
Q49 Caucus is a stage in ____________
a) Arbitration
b) Mediation
c) Conciliation
d) Judicial settlement

Q 50 “Mediation is a negotiation carried out with the assistance of a third party”.

A) True
b) false
c) partly true
d) partly false
Q 51 Integrative approach of negotiation based upon
a) Win Win
b) Wine lose
c) Lose lose
d) Lose win
Q 52 The distributive approach is also known as
a) win win
b) ‘win-lose’
c) none

d) both

Q.53 The basis of Negotiation is communication. The ‘communication’ here refers to

a) oral

b) writing

c) direct and indirect

d) all of the above

Q54. MED-ARB is a

A) Advanced form
B) Hybrid form
C) Conventional
D) None
Q55 Which section of the Arbitration and conciliation Act, 1996 provides for mediation?

a) Section 29 A
b) Section 30
c) Section 31
d) Section 29
Q56 Caucus refers to

a) Joint session
b) Private session
c) None
d) Both
Q57 Which is the non-binding form of ADR?

A) Arbitration
B) Mediation
C) Negotiation
D) Both b and c
Q58 Which form of ADR is most suitable for resolving family dispute?

a) Arbitration
b) Mediation
c) Conciliation
d) Lok Adalat
Q59 Which combination is correct?

a) Distributive-fixed pie
b) Integrative -extended pie
c) Distributive -extended pie
d) Both a and b
Q.60 Conventional panchayat system was based upon

a) arbitration

b) mediation

c) conciliation

d)none

61. Which of the following model law was adopted in 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.

62. Which among the following is the main objective of the Arbitration and Conciliation Act,
1996?

a) To comprehensively cover international commercial arbitration.

b) To ensure that arbitral tribunal works within the limits of court’s jurisdiction.

c) To minimize the supervisory role of courts in the arbitral process

d) none of the above

63. 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.

64. 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.

65. Ad-hoc arbitration can be sought:

a) when the parties involved in commercial transaction choose to incorporate arbitration clause
as a part of agreement to refer their future disputes

b) when the arbitration is not administered by an institution.

c) when the parties agree to submit to arbitration ‘all or any’ differences which have arisen or
may arise

d) only (b) and (c).

66. Court under section 2(1)(e), Arbitration and Conciliation Act means

a) Court of Small Causes

b) Principal Civil Court and Civil Court of an inferior grade

c) Principal Civil Court of original jurisdiction

d) all of the above.

67. The arbitral tribunal has the jurisdiction to rule

a) on its own jurisdiction

b) on objections as to the existence of the arbitration agreement

c) on objection as to the validity of the arbitration agreement

d) all of the above.

68. A plea questioning the jurisdiction of the arbitral tribunal

a) must be raised before or at the time of submission of statement of defence

b) may be raised after the submission of the statement of defence

c) can be raised at any time before the conclusion of arbitral proceedings

d) can be raised at any time before the making of arbitral award.

69. The expression ‘Arbitration agreement’ under section 7 of Arbitration and Conciliation Act,
1996 means

a) any agreement which have arisen under the Arbitration Act of 1940.

b) any agreement to submit to arbitration all or certain disputes which have arisen or
which may arise between them in respect of a defined legal relationship, contractual or not.

c) any agreement to submit to arbitration certain disputes of civil nature

d) any agreement to submit to arbitration certain disputes of criminal nature.

70. Reference in a contract to a document containing an arbitration clause

a) does not constitute an arbitration agreement

b) constitutes an arbitration agreement if the contract is in writing and the reference is

such as to make that arbitration clause part of the contract

c) constitutes an arbitration agreement where the contract though oral, the reference is such as to
make that arbitration clause part of the contract

d) either (b) or (c).

71. An application for referring the parties to arbitration under section 8, Arbitration and
Conciliation Act, 1996, must be accompanied by

a) the original arbitration agreement or a photocopy thereof

b) the original arbitration agreement or a duly certified copy thereof

c) a duly certified copy of the arbitration agreement or a photocopy thereof

d) Once an application under section 8 then original arbitration agreement only.

72. Section 9 of 1996 Act deals with:

a) interim measures by the court

b) discretionary powers of the court

c) both (a) and (b)

d) none of the above.

73. While considering the grant of interim measures, the Court may see whether:

a) the applicant has made prima facie case.

b) the balance of convenience is in his favour.

c) he would suffer irreparable injury if such measures are not granted.

d) all of the above.

74. 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).

75. In case of three arbitrators, the ‘third arbitrator’ shall act as:

a) an umpire

b) a Presiding Arbitrator

c) sole arbitrator

d) none of the above.

76. The appointment of arbitrator/arbitrators, can be made:

a) by the parties

b) by designated authority

c) by arbitral institution

d) all of the above

77. The parties to the arbitration agreement shall appoint arbitrator within_______ of the request
received by other party.

a) thirty days

b) sixty days

c) forty days

d) ninety days

78. Under section 10, Arbitration and Conciliation Act, 1996, the parties are free to determine
the number of ' arbitrators, provided that such number

a) does not exceed three

b) does not exceed five

c) does not exceed seven

d) is not an even number

79. Under section 11, Arbitration and Conciliation Act, 1996, a person for being an arbitrator

a) must be an Indian national

b) must be an Indian citizen

c) may be a person of any nationality

d) may be a person of any nationality, except an alien enemy.

80. 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.

81. Section 12 of Arbitration and Conciliation Act, 1996 deals with

a) procedure for arbitration

b) grounds for challange to Arbitrator

c) finality of award

d) none of the above.

82. Section 12(3) provides the ground for challenging to the arbitrator when:

a) he is not independent or impartial

b) he is a foreign national

c) he is not qualified as per agreement between the parties

d) both (a) and (c).

83. The Arbitral Tribunal shall rule

a) at the direction of court

b) on its own discretion

c) at the instruction of parties

d) as per provisions of General Clauses Act, 1897

84. Which is the leading case on the composition of Arbitral Tribunal?

a) P. Anand Gajapati Raju vs P.V.G Raju and others

b) SBP vs Patel Engineering

c) K Srinivas Rao vs D.A Deepa

d) Afcons Infrastructure Ltd. vs Cherian Varkey Construction Co

85. In which of the following case it was held “The scheme of the Act is thus clear. All the
objections to jurisdiction of whatever nature must be taken at the stage of the submission of the
statement of defence, and must be dealt with under section 16 of the Arbitration Act 1996.”

a) MSP Infrastructure Ltd. vs M.P. Road Devl. Corp. Ltd.

b) BCCI vs Kochi Cricket

c) Bharat Aluminium Co vs Kaiser Aluminium Technical Services Inc

d) none of the above

86. Which among the following are the types of Arbitration?

a) Ad-hoc Arbitration
b) Institutional Arbitration

c) Domestic Arbitration

d) All the above

87. Section 13 of Arbitration and Conciliation Act, 1996 lays down:

a) the termination of mandate of arbitrator

b) the procedure for challenging an arbitration

c) powers of arbitral tribunal

d) none of the above.

88. Which among the following is not an essential of Arbitration?

a)Arbitration is a form of alternative dispute resolution

b) where the parties agree to have their disputes decided by the third party, but with all formality
of judicial adjudication

c)is the reference of a dispute or difference between not less than two parties for determination

d) It includes both Civil and criminal matter

89. Statutory arbitration is:

a) imposed on the parties by operation of law

b) a compulsory arbitration

c) where consent of the parties is not necessary

d) all of the above.

90. Which provision of Arbitration and Conciliation Act, 1996 bars the jurisdiction of courts to
interfere or to intervene in arbitration proceedings except to the extent provided in part I.

a) Section 3

b) Section 5

c) Section 7

d) Section 18

91. Which among of the following is an arbitrable matter?

a) Criminal matter

b) Matrimonial matter

c) Commercial matter

d) Guardianship matters

92. Under section 9 of the Act on what matter interim relief can be granted?

a) for appointment of guardian for minor

b) for detention, preservation or inspection of any property

c) interim injunction or appointment of a receiver

d) all of the above

93. What is Kompetenz-kompetenz principle under Arbitration and Conciliation Act, 1996?

a)that arbitrators have jurisdiction to consider and decide the existence and extent of their
own jurisdiction

b) that arbitrators cannot decide matters related to jurisdiction

c) that the court has power to decide jurisdiction issue of an Arbitral tribunal

d) none of the above

94. In which case it was held that the Chief Justice of “the Supreme Court or the High Court or
any designated judge are bound to decide the following things in regard to the judicial power
given under 11)( 6) of the Act 1) it has jurisdiction i.e. party has approached the right court
(ii)there is valid arbitration agreement in terms of section 7 (iii) person before him with request ,
is a party to the arbitration agreement and (iv) there is a dispute which is capable of being
arbitrated”?

a)SBP & Co vs. Patel Engineering Ltd.

b) Reva Electric Car Co vs Green Mobile

c) Konkan Railway Corpn Ltd vs Rani Construction

d) None of the above

95. What are the essentials of an Arbitration agreement under section 7 Arbitration and
Conciliation of Act, 1996?

a) it may be in the form of arbitration clause or a separate agreement

b) it has to be signed by the parties

c) it also includes exchange of statement of claim and defence in which the agreement is alleged

d) all the above

96. Who are free to agree on the place of arbitration at the first instance?

a) The parties
b) The Arbitrators
c) Both of the Above
d) None of the above

97. Failing any agreement referred to in sub-section (1) of Section 20, the place of arbitration
shall be determined by

a) the parties
b) The Chief Justice of India
c) None of the above
d) the arbitral tribunal having regard to the circumstances of the case, including the
convenience of the parties.

98. The parties shall be treated with equality and each party shall be given a full opportunity to
present his case. The principle is stated under:
a)Section 18
b)Section 19
c)Section 20
d)Section 17
99. Where the place of arbitration is situate in India, In an arbitration other than an international
commercial arbitration, the arbitral tribunal shall decide the dispute submitted to arbitration

a) in accordance with the substantive law for the time being in force in India;
b) in accordance with extra-territorial laws
c) both of the above
d) none of the above
100. In case of international commercial arbitration, the arbitral tribunal shall decide the dispute
a) Substantive laws of any country
 b) in accordance with the rules of law designated by the parties as applicable to the
substance of the dispute.
c) both of the above
d) none of the above

101. The arbitral tribunal shall decide the disputes based on the_______ principle/s, only if the
parties have expressly authorized it to do so.
a) ex aequo et bono
b) as amiable compositeur
c) both of the above
d) None of the above

102. Time limit for making of arbitral award is given under

a) Section 29
b) Section 29A
c) Section 28
d) Section 30

103. The award in matters other than international commercial arbitration shall be made by the
arbitral tribunal
a) within a period of twelve months
b) within a period of seven months
c) within a period of eight months
d) within a period of nine months
104. The parties may, by consent, extend the period specified in sub-section (1) of Section 29A
for making award

a) for a further period not exceeding three months.

b) for a further period not exceeding five months.
c) for a further period not exceeding six months.
d) for a further period not exceeding four months.
105. Fast track procedure is provided under

a) Section 29A
b) Section 29B
c) Section 30
d) Section 29
106. In the case of Fast track procedure, the award shall be made

a) within a period of three months from the date the arbitral tribunal enters upon the
reference.
b) within a period of four months from the date the arbitral tribunal enters upon the
reference.
c) within a period of five months from the date the arbitral tribunal enters upon the
reference.
d) within a period of six months from the date the arbitral tribunal enters upon the
reference.
107. An arbitral award shall be

a) Made orally
b) Made in writing and shall be signed by the members of the arbitral tribunal.
c) Both of the above
d) None of the above

108. The arbitral proceedings shall be terminated by the

a) final arbitral award or by an order of the arbitral tribunal

b) speaking orders
c) both of the above
d) none of the Above

109. A party, with notice to the other party, may request the arbitral tribunal to correct any
computation errors, any electrical or typographical errors or any other errors of a similar nature
occurring in the award within the period of

a) 30 Days
 b) 60 Days
c) 45 Days
d) 90 Days

110. If the arbitral tribunal considers the request made by the parties under sub-section (4) of
Section 33 to be justified, it shall make the additional arbitral award _______________

a) within fifteen days from the receipt of such request.

b) within thirty days from the receipt of such request.
c) within sixty days from the receipt of such request.
d) within ninety days from the receipt of such request.

111. Application for setting aside arbitral award is mentioned under __________
a) Section 32
b) Section 33
c) Section 34
d) Section 35

112. An arbitral award may be set aside by the Court only if, the party making the application,
establishes on the basis of the record of the arbitral tribunal that:

a) A party was under some incapacity, or

b) The arbitration agreement is not valid under the law to which the parties have subjected it
or, failing any indication thereon, under the law for the time being in force; or
c) the party making the application was not given proper notice of the appointment of an
arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or
d) All of the above

113. An arbitral award may be set aside by court, if the Court finds that:

a) The subject-matter of the dispute is not capable of settlement by arbitration under the law
for the time being in force, or
b) The arbitral award is in conflict with the public policy of India.
c) Both of the above
 d) None of the above

114. For the avoidance of any doubt, it is clarified that an award is in conflict with the public
policy of India, only if:

a) The making of the award was induced or affected by fraud or corruption or

was in violation of section 75 or 81; or
b) It is in contravention with the fundamental policy of Indian law;
c) It is in conflict with the most basic notions of morality or justice.
d) All of the above

115. An arbitral award arising out of arbitrations other than international commercial
arbitrations, may also be set aside by the Court, if the Court finds that the award is vitiated by
patent illegality appearing on the face of the award.

a) True
b) False
c) Partly True
d) Partly False

116. An application for setting aside:

a) may not be made after two months have elapsed from the date on which the party making
that application had received the arbitral award, or, if a request had been made under
section 33, from the date on which that request had been disposed of by the arbitral
tribunal:

b) may not be made after three months have elapsed from the date on which the party
making that application had received the arbitral award, or, if a request had been
made under section 33, from the date on which that request had been disposed of by
the arbitral tribunal:

c) may not be made after twelve months have elapsed from the date on which the party
making that application had received the arbitral award, or, if a request had been made
under section 33, from the date on which that request had been disposed of by the arbitral
tribunal:

d) may not be made after six months have elapsed from the date on which the party making
that application had received the arbitral award, or, if a request had been made under
 section 33, from the date on which that request had been disposed of by the arbitral
tribunal:

117. An arbitral award

a) shall be final and partly binding on the parties and persons claiming under them
respectively.

b) shall be final and not binding on the parties and persons claiming under them
respectively.

c) shall be final and binding on the parties and persons claiming under them
respectively.

d) None of the above

118. Enforcement of arbitral award is mentioned under

a) Section 35
b) Section 36
c) Section 37
d) Section 38

119. The award shall be enforced in accordance with the provisions of the Code of Civil
Procedure, 1908, in the same manner as if it were a decree of the Court.

a) True
b) False
c) Partly True
d) Partly False

120. Arbitration Council of India is mentioned under Conciliation

a) Part 1 of Arbitration and Conciliation Act, 1996
b) Part 2 of Arbitration and Conciliation Act, 1996
c) Part 3 of Arbitration and Conciliation Act, 1996
d) Part 1A of Arbitration and Conciliation Act, 1996

121. Part 1A of Arbitration and Conciliation Act, 1996 was inserted by

 a) the Arbitration & Conciliation (Amendment) Act, 2015
b) the Arbitration & Conciliation (Amendment) Act, 2018
c) the Arbitration & Conciliation (Amendment) Act, 2019
d) the Arbitration & Conciliation (Amendment) Act, 2017

122. Composition of Arbitration Council of India is mentioned under

a) Section 43A
b) Section 43B
c) Section 43C
d)Section 43D

123. No second appeal shall lie from an order passed in appeal under this section, but nothing in
this section shall affect or taken away any right to appeal to the Supreme Court:
a) True
b) False
c) Partly True
d) Partly False
124. The provision regarding number of conciliators is mentioned under:
a) Section 61
b) Section 63
c) Section 62
d) Section 64
125. Where there is more than one conciliator, they ought, as a general rule, to act

a) Jointly.
b) Independently
c) Both of the above
d) None of the above

126. Conciliation proceedings shall commence when

a) the other party accepts in writing the invitation to conciliate.

b) the other party accepts in orally the invitation to conciliate.
c) the other party partly accepts in writing the invitation to conciliate.
 d) None of the above

127. With regard to the number of conciliators,

a) there shall be only one conciliator

b) there shall be one conciliator unless the parties agree that there shall be two or three
conciliators.
c) there shall be at least two conciliator
d) None of the above

128. The role of conciliator are:

a) The conciliator shall assist the parties in an independent and impartial manner in their
attempt to reach an amicable settlement of their dispute.
b) The conciliator shall be guided by principles of objectivity, fairness and justice, giving
consideration to, among other things, the rights and obligations of the parties, the usages
of the trade concerned and the circumstances surrounding the dispute, including any
previous business practices between the parties.
c) The conciliator may conduct the conciliation proceedings in such a manner as he
considers appropriate, taking into account the circumstances of the case, the wishes the
parties may express, including any request by a party that the conciliator hear oral
statements, and the need for a speedy settlement of the dispute.
d) All of the above

129. Under Section 73, When it appears to the conciliator that there exist elements of a
settlement which may be acceptable to the parties, he shall formulate the terms of a possible
settlement and submit them to the parties for their observations. After receiving the observations
of the parties, the conciliator may reformulate the terms of a possible settlement in the light of
such observations.

a) True
b) False
c) Partly True
d) Partly False
130. The parties shall not rely on or introduce as evidence in arbitral or judicial proceedings,
whether or not such proceedings relate to the dispute that is the subject of the conciliation
proceedings,
a) Views expressed or suggestions made by the other party in respect of a possible
settlement of the dispute;
b) Admissions made by the other party in the course of the conciliation proceedings;
c) Proposals made by the conciliator;
d) All of the above
Q. 131 The expression ‘International Commercial Arbitration’ has been defined in:

a) section 2(1)(e)
b) section 2(1)(g)
c) section 2(1)(f)
d) none of the above.
Q.132 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
Q.133 Which Convention covers major area of the enforcement of foreign award?

a) New York Convention

b) Geneva Convention
c) Stockholm Convention
d) None of the Above
Q.134 Which section of the Arbitration and Conciliation Act, 1996 defines Foreign Award?

a) Section 44
b) Section 45
c) Section 46
d) Section 47
Q.135 Which section of the Arbitration and Conciliation Act, 1996 enumerates the conditions for
the enforcement of Foreign Awards in India?

a) Section 48
b) Section 45
c) Section 46
d) Section 47
Q.136 ‘Foreign Award’ under Section 44 means:

a) That the award must have been made on or after 11th day of October, 1960
b) That the award must have been made on or after 12th day of October, 1960
c) That the award must have been made on or after 13th day of October, 1960
d) That the award must have been made on or after 14th day of October, 1960

Q.137 The enforcement of Foreign awards may be refused:

a) The composition of the arbitral authority or the arbitral procedure was not in accordance
with the agreement of the parties, or, failing such agreement, was not in accordance with
the law of the country where the arbitration took place; or
b) The award has not yet become binding on the parties, or has been set aside or suspended
by a competent authority of the country in which, or under the law of which, that award
was made.
c) The party against whom the award is invoked was not given proper notice of the
appointment of the arbitrator or of the arbitral proceedings or was otherwise unable to
present his case.
d) All of the above

Q.138 Under section 48 of the Arbitration and Conciliation Act, 1996 the expression ‘contrary to
public policy of India’ connotes:

a) The making of the award was induced or affected by fraud or corruption or was in
violation of section 75 or 81; or
b) It is in contravention with the fundamental policy of Indian law; or
c) It is in conflict with the most basic notions of morality or justice.
d) All of the above
Q.139 Part-II of the Arbitration and Conciliation Act, 1996 deals with:

a) Enforcement of Certain foreign awards

b) Arbitration Council of India
c) Arbitration
d) Conciliation
Q.140 The law of the merchant which refers to the non-legal standards based in custom and
practices followed universally is called as:

a) Lex mercatoria
b) Lex Loci
c) Lex Arbitri
d) None of the above
Q.141 Lex arbitri means:

a) Law of the place where arbitration takes place.

b) Law of the country in which transaction takes place
c) Law of the country in which action is brought.
d) None of the above.

Q. 142 “International commercial arbitration” means an arbitration relating to disputes arising

out of legal relationships, whether contractual or not, considered as commercial under the law in
force in India and where at least one of the parties is –

a) An individual who is a national of, or habitually resident in, any country other than India;
or
b) A body corporate which is incorporated in any country other than India; or
c) An association or a body of individuals whose central management and control is
exercised in any country other than India; or
d) A company or an association or a body of individuals whose central management and
control is exercised in any country other than India;
Mark the correct option:

i) a,b,c
ii) a,b,d
iii) b,d,c
iv) d,c,b
Q.143 The New York Convention, 1958 came into force on:

a) 7thJune, 1959
b) 8th June, 1958
c) 9thJuly, 159
d) 10th June, 1958

Q.144 Schedule 1 of the Arbitration and Conciliation Act, 1996 envisages :

a) Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958

b) Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1959
c) Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1955
d) Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1957

Q.145 According to Section 46 of the Arbitration and Conciliation Act, 1996 where the Court is
satisfied that the foreign award is enforceable , the award
 a) Shall be deemed to be a decree of that Court.
b) Shall not be deemed to be a decree of that Court.
c) Shall be deemed to be aorder of that Court
d) None of the above.

Q.146The Second Schedule of the Arbitration and Conciliation Act, 1996 envisages:

a) Protocol on Arbitration Clauses

b) Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1957
c) Convention on the execution of Foreign Arbitral Awards
d) None of the above

Q.147The Third Schedule of the Arbitration and Conciliation Act, 1996 envisages :

a) Protocol on Arbitration Clauses

b) Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1957
c) Convention on the execution of Foreign Arbitral Awards
d) None of the above

Q.148Which of the following provisions apply to the International Commercial Arbitration

seated outside India?

a) Section 9, 27 and 37 (1)(b) &(3)

b) Section 9, 27 and 37 (1)(a) & (2)
c) Section 9, 27 and 37 (1)(c) & (3)
d) None of the above

Q.149‘Foreign Award’ under Section 53 means:

a) That the award must have been made after 28th of July, 1924

b) That the award must have been made after 27th of July, 1924

c) That the award must have been made after 26th of July, 1924

d) That the award must have been made after 25th of July, 1924

Q.150 Article V of the New York Convention, 1958 envisages:

a) The grounds for refusal of recognition and enforcement of award.

b) Meaning of the term arbitral award
c) Commercial reservation
d) None of the above