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7 Arbitration & station and Conciliation Actwasenacted §. An erbitration ou 8 Se into on I" Au | teas i gust 2019, provides for the arbit i : P ¢ arbitration to be (18 (b) 1940 cordance with the Arbitration Act 1940, _ (a ma rte arbitration would be governed by the provi- yaad sions of Arbitration and aan 1996 Xs. (0) [BJS 2009] () Theat i . .rbitration would be governed by the provi- she Abia jon Act, 1996 was sions of Arbitration Act,1940 2 acted taking into consideration: (0) Thearbitration clause is void epatonal Chamber of Commerce Rules (4) The arbitration would be governed by the prov ol ‘ sions of the Arbitration Act, 1940 as well as of Kalla and Conciliation rules adopted by the the Arbitration and Conciliation Act, 1996 ‘aited Nations Commission on International Trade Law (UNCITRAL) Ans. (a) [DJs 2019} 6 As per Section 3(2) of the Arbitration and Con- @ LGA India Arbitration Rules Ai as oO naan ae (@) Indian Arbitration Act, 1940 eve bern 100 aie ay ace is to Ans. (0) [DJs 2015] (2) itjsdfepatched to the addressee. 4. Which ofthe following was used by the Indian (Ge delivered tothe addressee. sbitration and Conciliation Act, 1996? (6) written acknowledgement ofthe receipt sent (@) Guidelines of Supreme Court of India the sender. OE ‘Commercial Arbitration Procedure (@) ve scknonicment oe receipt is received y the sender. (o/ANCITRAL 1985 eb) cana (4) None ofthe above 2. "Court" as defined in the Arbitration and Com Aas. (0) [Bihar HJS, 2020] ciliatiog Act, 1996 4, "International Commercial Arbitration" means yaoi Civil Court of Jurisdiction in an uitvation relating to disputes, where at least a district and includes the High Court one of the parties is: (b) includes any Civil Courtofagrade inferior to such principal il Court or any CourtoFSmall as (@) means the Metropolitan Magistrate Court (@) means the Revenue Courts (A) an individual whois a national of or habitually residentin any country other than India (B) abody corporate whichis incorporated in any coun tuy other than India Ans. (8) [BJS 2000] (©) an asocation or a body of individuals whose 8 An raternational commercial arbitration is 08 4 central management and control is exercised in saraurgn where at least one ofthe parties it any country other than India @ "body corporteincorportdinany coun OSE (D)a Government of a foreign country than India, (b) (6, (B) and (©) and not (D) ona ae ae 0 enment of a foreign count: (9 None of thee All these “ee [DJs 2015] ‘Ans. (d) [pys2014] ™m ‘Samarth Agrawal Books cH Arbitration © Conciliation Act, 1996 Which of the following disputes can be adjudi- 13, Parties‘A’and’B’ have ated upon through arbitration? (@) Arising out of legal relations (©) Arising out of contractual relations © Out of commercial relations (4) Alll of the above Ans. (d) [BJS 2013) In which of the following cases it was held by the Supreme Court that Part | of the Arbitration and Conciliation Act, 1996 would have no application to International commercial arbitrations held outside India and therefore such awards would ‘only be subject to the jurisdiction of Indian courts ‘when the same are sought to be enforced in India in accor@ance with Patt II of the said Act? aft) Part Alomini Company ev Kaiser Alin Technical Service Inc. ec (Bale), 2012 (9) SCC 552. (©) Bhartia International v, Bulk Trading SA and Anr., 2002 (4) SCC 105, (©) Sachin Gupta and An. . KS. Forge metal Por. Ltd, (2013) 10Scc S40. (@) Kanpuc Jal Sansthan and Anr.v. Bapu Construction, 2014 (1) SCALE 207, Ans. (a) [DJs 2014] Which of the statements is not in accordance with the provisions of the Arbitration and Concilia- tion Act, 1996? (@) An arbitral award shall be made in writing and shall be signed by the members of the arbitral tribunal (©) In the absence of an agreement between the par- ties, the arbitral award shall state the reasons upon which it is based (0) After the arbitral award is made, a signed copy shgltbe delivered to each party (Ane arbitral tribunal shall not, during the arbitral proceedings, make an interim award Ans. (4) [DJs 2015] The “Arbitral Award” as defined in the Arbitra- tion a iliation Act, 1996 includes: award interim award (9) both final and interim award (d) None of these ‘Ans. (b) sgreed on the seat of arbi- tration. The same (a) canbe changed by the Arbitral Tribunal unilaterally (b) canpetbe changed at all (0 Aan be changed by the agreement of parties (@) cannot be changed by the parties unless Arbitral ‘Tribunal permits Ans. (c) [DJS 2019] Which of the following is not an essential condi- tion for an arbitration agreement as per Section 7 of the Ashitration and Conciliation Act, 1996? (3) The agreement must be registered. (b) The agreement must be to submit to arbitration allor certain disputes which hasve arisen or which say arise in respect ofa defined legal relationship whether contractual or not. (0 Thearbitration agreement must be in writing (4) None of these Ans. (a) [ys 2014] An arbitration clause contained in a deficiently stamped and compulsorily registrable document (@) is enforceable even without deficient stamp duty being aid (b/s enforceable only if the deficient stamp duty along with the penalty, ifany, is paid (© isinvatid (A) isenforceable only ifthe deficient stamp duty along with the penalty ifany is paid and the document is registered Ans. (b) <7 [DJs 2019} Under Section 8 of the Arbitration and Concilia- tion Act 1996, the reference of parties to arbitra- tion is, . (a) fnandatory ) directory © discretionary (4) None of these (a) [DJs 2019] y ges sit aginst BY for recovery of money ‘asec the seezment fm whereof has since ries by eax of time ‘B’ files an application er Section # oF the Arbitration and Concilia- fon Aa 9pecontending that the agreement con- wegvan aban clause, The court would then ft i nis beappliation and continue with the suit sei areement inching the arbitration clause *excof has expired by efflux of time, es wo the parties to arbitration (@,eferthe ages to such arbitration. parties to arbitration only ifthe plaintiff fer the parties to the High Court under Section ‘ofthe Arbitration and Conciliation Act, 1996 for deermination if the arbitrator needs to be @ appointed. Ans. (b) [DJs 2019] 1k A party secking interim measures from a Court, ‘would file an application under: (a) Secigg# ofthe Arbitration and Conciliation Act (9) son 9 ofthe Arbitration and Conciliation Act () Section 11 ofthe Arbitration and Conciliation Act (@) Sexion 17 ofthe Arbitration and Conciliation Act ‘Ans. (6) [pys 2013] 18. Disputes between ‘A’ and ‘B’ are referred t0 arbitration under the Arbitration and Conciliation ‘Act, 1996, The final award is rendered on 1" June 2019 in favour of ‘B'. During the ensuing summer ‘vacations of the Court an urgent situation arises in which ‘B? wishes to seek interim relief. B’ can (2) approach the arbitral tribunal under Section 17 of the Arbitration and Conciliation Act, 1996 for in- tering fers (b) phproach the court of competent jurisdiction un- der Section 9 ofthe Arbitration and Conciliation ‘Act, 1996 for interim orders (9 not obtain any interim orders as the final award has been passed (4) approach the Supreme Court for interim orders Aaa [pys 2019] Arbitration & Conciliation Ac, 1996 20. Interim measure by ‘ zi Conciliation Act, ie, 1 Aion (a) appointment of receiver (b) securing the amou dispute in arbitration interim custody oF sale of goods wre subject-matter of arbitration agreement (GY/ll of the above ‘Ans. (d) {DJs 2007) 21, In which case the Supreme Court held that power to grant interin measure under section 9 of the Arbitration and Conciliation Act, 1996 extends to Internagional arbitration as well: (a) Bhatia International v. Bulk Trading S.A ,(2002)4 (0) the preserva sec 10s (b) Oil & Natural Gas Corn. Lido, Saw Pipes Lid, (2003) 5 SCC 705, (©) Konkan Rb Corp. Lid, Rani Contracion (P) id, (2000) SCC 159 (4) Sundaram Finace Li. 0. NEPC India Lid, (1999)2 scca79 ‘Ans. (a) [Dys 2010] 22. Which of the following statements is correct, 0 far as Section 9 of the Arbitration and Concilia- tion Act, 1996 is concerned? (@) A party may apply to the court fr interim mes sures during the pendency ofthe arbitration pro- only patty may apply tothe court seeking appoint ment of receiver by way of interim measures eve fer the making ofthe arbitral award by the Arbi tral Tribunal (9 Aparty cannot apply for interim measures before the commencement of arbitral proceedings (4) Allthe above are correct Ans. (b) 23, Anarbitrator (a) must bea person oflnian nationality () may) Conatliation Ad, 1996 59. i The Arbitration and Conciliation Act, 1996 has 61. replaced the (@) Arbitration Act, 1940 (©) Arbitration (Protocol and Convention) Act, 1937 oO eine (Recognitions and Enforcement) 1 (AM of the above Ans. (d) [Bihar APO 2013] ‘Which one of the following is an incorrect state- ment? (a) An arbitral award isa contract. (b) An arbitral award must be in writing and signed, (©) An arbitral award includes an interim award (@) None of the above Ans. (a) 2, [BJs 2013) ooo ‘ACivil Court before which an action is brought in ‘a matter which is subject matter of arbitration, while referring the parties to arbitration on appli- ion of the party, is under the Arbitration & Concifjatton Act, 1996 required to: Oe of the suit in terms of said reference. (b) Dismiss the suit (0) Decree the suit (4) Stay further proceedings in the suit and adjourn the suit sine die ‘Ans. (a) [DJs 2011) The proyision for the appointment of the concijiétor is laid down under vane (b) Section 67 (©) Section 62 (d) Section 61 ‘Ans. (a) [BJs, 2020)

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