Arbitration And Conciliation Act, 1996 MCQs SET-6

Arbitration And Conciliation Act, 1996 MCQs SET-6

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There are 8 Sets of MCQs available for Arbitration And Conciliation Act, 1996, you are advised to explore all the sets : 

Arbitration Act MCQs Set -1

Arbitration Act MCQs Set -2

Arbitration Act MCQs Set -3

Arbitration Act MCQs Set -4

Arbitration Act MCQs Set -5

Arbitration Act MCQs Set -6

Arbitration Act MCQs Set -7

Arbitration Act MCQs Set -8

 

1. The restriction on engaging in paid employment during the term of office does NOT apply to:

a. Chairperson

b. Full-time Member

c. Part-time Member

d. Judicial Member

 

2. A Member may be removed if he has been convicted of an offence involving:

a. Fraud only

b. Financial mismanagement

c. Moral turpitude in the opinion of the Central Government

d. Any minor offence

 

3. Under Section 43G, a Member may be removed if he has acquired financial or other interest which:

a. Improves the efficiency of the Council

b. Enhances arbitration training

c. Is likely to affect prejudicially his functions as a Member

d. Benefits arbitral institutions

 

4. A Member may be removed if he has abused his position in a manner that renders his continuance:

a. Improper for arbitration proceedings

b. Prejudicial to the public interest

c. Inconvenient for the Council

d. Unlawful for arbitral tribunals

 

5. Physical or mental incapacity of a Member may lead to:

a. Suspension

b. Removal from office

c. Temporary leave

d. Judicial inquiry

 

6. Which of the following is NOT a ground for removal under Section 43G(1)?

a. Being an undischarged insolvent

b. Conviction involving moral turpitude

c. Being over the age of sixty-five

d. Abuse of position prejudicial to public interest

 

7. Section 43H of the Arbitration and Conciliation Act, 1996 deals with:

a. Removal of Members

b. Appointment of experts and constitution of Committees thereof

c. Resignation of Members

d. Depository of arbitral awards

 

8. Under Section 43H, the authority empowered to appoint experts is:

a. Central Government

b. Supreme Court

c. Arbitration Council

d. High Court

 

9. The Council may appoint experts for the purpose of:

a. Conducting arbitration proceedings

b. Discharging its functions

c. Deciding disputes between parties

d. Reviewing arbitral awards

 

10. The Council may constitute:

a. Judicial tribunals

b. Committees of experts

c. Commercial courts

d. Mediation centres

 

11. The Committees constituted under Section 43H consist of:

a. Judges only

b. Arbitrators only

c. Experts

d. Government officials only

 

12. The appointment of experts by the Council is:

a. Mandatory in all cases

b. Discretionary depending on necessity

c. Subject to approval by the Supreme Court

d. Allowed only with Central Government approval

 

13. Section 43-I of the Arbitration and Conciliation Act, 1996 deals with:

a. Recognition of arbitral institutions

b. General norms for grading of arbitral institutions

c. Removal of Members

d. Appointment of arbitrators

 

14. Under Section 43-I, the authority responsible for grading arbitral institutions is:

a. Supreme Court

b. Central Government

c. Arbitration Council

d. High Court

 

15. The grading of arbitral institutions by the Council shall be based on:

a. Judicial approval

b. Prescribed statutory fees

c. Specified criteria relating to infrastructure, arbitrators and performance

d. Recommendations of arbitral tribunals

 

16. One of the criteria for grading arbitral institutions under Section 43-I is:

a. Number of judges appointed

b. Infrastructure of the institution

c. Number of civil suits filed

d. Number of government arbitrations

 

17. Which of the following is a criterion for grading arbitral institutions?

a. Quality and calibre of arbitrators

b. Number of mediation centres

c. Number of High Court judges

d. Criminal case disposal rate

 

18. Performance of arbitral institutions is considered in grading particularly in relation to:

a. Civil appeals

b. Arbitration proceedings

c. Criminal trials

d. Administrative proceedings

 

19. Compliance with which factor is considered for grading arbitral institutions?

a. Judicial precedents

b. Time limits for disposal of arbitrations

c. Government litigation policy

d. Civil procedure timelines

 

20. Compliance with time limits for disposal applies to:

a. Domestic arbitration only

b. International commercial arbitration only

c. Both domestic and international commercial arbitration

d. Mediation proceedings only

 

21. The grading criteria include performance in:

a. Domestic arbitration

b. International commercial arbitration

c. Both A and B

d. Only ad hoc arbitration

 

22. The manner of grading arbitral institutions shall be specified by:

a. Central Government rules

b. Supreme Court guidelines

c. Regulations

d. Parliamentary resolution

 

23. The regulations specifying the manner of grading are framed by:

a. Supreme Court

b. Arbitration Council

c. High Courts

d. Central Government

 

24. Section 43J of the Arbitration and Conciliation Act, 1996 deals with:

a. Grading of arbitral institutions

b. Accreditation of arbitrators

c. Appointment of arbitral tribunal

d. Depository of arbitral awards

 

25. The experience required for accreditation of arbitrators shall be determined by:

a. Regulations

b. Central Government

c. Arbitral institutions

d. High Courts

 

26. Section 43K of the Arbitration and Conciliation Act, 1996 deals with:

a. Depository of awards

b. Accreditation of arbitrators

c. Removal of Members

d. Appointment of arbitrators

 

27. Under Section 43K, the Council shall maintain a depository of:

a. Civil court judgments

b. Arbitral awards made in India

c. International treaties

d. Mediation settlements

 

28. The depository of arbitral awards maintained by the Council shall be:

a. Physical

b. Judicial

c. Electronic

d. Confidential manual register

 

29. The depository maintained by the Council includes:

a. Arbitral awards only

b. Arbitral awards and related records

c. Court decrees

d. Arbitration agreements

 

30. Section 43L deals with:

a. Power of Council to make regulations

b. Appointment of arbitrators

c. Removal of Members

d. Depository of awards

 

31. The Council may make regulations for:

a. Conducting court proceedings

b. Discharging its functions and duties under the Act

c. Criminal justice administration

d. Judicial appointments

 

32. The power to make regulations must be exercised:

a. Independently by the Council

b. In consultation with the Central Government

c. With approval of Supreme Court

d. With approval of High Courts

 

33. Regulations made by the Council must be consistent with:

a. Supreme Court judgments

b. Provisions of the Act and rules made thereunder

c. Orders of arbitral tribunals

d. International conventions

 

34. Regulations are framed primarily for:

a. Conduct of civil trials

b. Discharge of functions of the Council

c. Appointment of arbitrators

d. Enforcement of arbitral awards

 

35. Section 43M deals with:

a. Chief Executive Officer of the Council

b. Appointment of arbitrators

c. Removal of Members

d. Accreditation of arbitrators

 

36. There shall be a______of the Council responsible for day-to-day administration.

a. Registrar

b. Chief Executive Officer

c. Secretary

d. Chairman

 

37. The Chief Executive Officer is responsible for:

a. Conducting arbitration proceedings

b. Day-to-day administration of the Council

c. Judicial review of awards

d. Appointment of arbitrators

 

38. The qualifications of the Chief Executive Officer shall be prescribed by:

a. Arbitration Council

b. Central Government

c. Supreme Court

d. High Court

 

39. The appointment of the Chief Executive Officer shall be prescribed by:

a. Central Government

b. Arbitration Council

c. Supreme Court

d. High Court

 

40. The terms and conditions of service of the Chief Executive Officer shall be prescribed by:

a. Regulations

b. Central Government

c. Supreme Court

d. Parliament

 

41. The Chief Executive Officer shall discharge functions and duties as specified by:

a. Supreme Court

b. Central Government

c. Regulations

d. High Court

 

42. Section 43M provides for the establishment of a:

a. Tribunal

b. Secretariat to the Council

c. Commission

d. Arbitration court

 

43. The Secretariat consists of:

a. Arbitrators

b. Judges

c. Officers and employees

d. Mediators

 

44. The number of officers and employees in the Secretariat shall be prescribed by:

a. Supreme Court

b. Central Government

c. Arbitration Council

d. High Court

 

45. The qualifications and terms of service of officers and employees of the Council shall be prescribed by:

a. Arbitration Council

b. Supreme Court

c. Central Government

d. High Court

 

46. Section 44 of the Arbitration and Conciliation Act, 1996 deals with:

a. Enforcement of domestic awards

b. Definition of foreign award

c. Appointment of arbitrators

d. Recognition of arbitral institutions

 

47. Section 44 falls under which chapter of the Arbitration and Conciliation Act?

a. Chapter I

b. Chapter II of Part II

c. Chapter III of Part I

d. Chapter IV of Part II

 

48. Under Section 44, the term “foreign award” refers to:

a. Any arbitral award passed outside India

b. An arbitral award arising out of commercial legal relationships

c. An arbitral award passed by Indian courts

d. A mediation settlement agreement

 

49. A foreign award under Section 44 must arise out of differences between:

a. Courts and tribunals

b. Persons

c. Governments

d. Companies only

 

50. The differences leading to a foreign award must arise out of:

a. Criminal relationships

b. Administrative relationships

c. Legal relationships

d. Political relationships

 

51. The legal relationships giving rise to a foreign award may be:

a. Contractual only

b. Non-contractual only

c. Both contractual and non-contractual

d. Judicial only

 

52. For the purposes of Section 44, the legal relationship must be considered:

a. Civil under Indian law

b. Commercial under the law in force in India

c. Administrative under Indian law

d. Criminal under Indian law

 

53. A foreign award must be made on or after:

a. 26 January 1950

b. 11 October 1960

c. 15 August 1947

d. 1 January 1996

 

54. The arbitration resulting in a foreign award must be in pursuance of:

a. An oral agreement

b. An agreement in writing for arbitration

c. A court order

d. A government directive

 

55. The written arbitration agreement must be one to which which Convention applies?

a. Geneva Convention

b. Hague Convention

c. Convention set forth in the First Schedule

d. Singapore Convention

 

56. The Convention referred to in Section 44 is set forth in the:

a. Second Schedule

b. First Schedule

c. Third Schedule

d. Fourth Schedule

 

57. The foreign award must be made in territories declared by:

a. Supreme Court

b. Arbitration Council

c. Central Government

d. High Court

 

58. The declaration of territories for applicability of the Convention is made through:

a. Judicial order

b. Notification in the Official Gazette

c. Parliamentary resolution

d. Presidential ordinance

 

59. The Central Government may declare territories only after being satisfied that:

a. Arbitration is widely practiced

b. Reciprocal provisions have been made

c. Courts approve arbitration

d. International courts recognise the award

 

60. Which of the following is essential for an award to qualify as a “foreign award” under Section 44?

a. Arbitration agreement must be written

b. Dispute must arise from commercial legal relationship

c. Award must be made after 11 October 1960

d. All of the above

 

61. Section 45 of the Arbitration and Conciliation Act, 1996 deals with:

a. Enforcement of foreign awards

b. Power of judicial authority to refer parties to arbitration

c. Appointment of arbitrators

d. Recognition of arbitral institutions

 

62. Section 45 begins with a non-obstante clause overriding:

a. Only the Arbitration and Conciliation Act

b. Only the Code of Civil Procedure, 1908

c. Part I of the Act and the Code of Civil Procedure, 1908

d. The Indian Contract Act, 1872

 

63. Under Section 45, the authority empowered to refer parties to arbitration is:

a. Arbitral tribunal

b. Judicial authority

c. Central Government

d. Arbitration Council

 

64. A judicial authority may refer parties to arbitration when it is seized of:

a. A criminal case

b. An action in a matter covered by an arbitration agreement referred to in Section 44

c. A constitutional dispute

d. An administrative proceeding

 

65. The arbitration agreement referred to in Section 45 must be one mentioned in:

a. Section 7

b. Section 11

c. Section 44

d. Section 34

 

66. The judicial authority shall refer the parties to arbitration:

a. On its own motion only

b. At the request of one of the parties

c. Only when both parties jointly request

d. Only when directed by the Central Government

 

67. A request for reference to arbitration under Section 45 may be made by:

a. Only the original parties

b. One of the parties or any person claiming through or under him

c. Only the arbitral tribunal

d. Only the court registrar

 

68. The judicial authority must refer the parties to arbitration unless:

a. The arbitration agreement is expensive

b. The arbitration agreement is null and void, inoperative or incapable of being performed

c. The dispute involves commercial matters

d. The parties belong to different countries

 

69. The judicial authority must make a______finding before refusing reference to arbitration.

a. Final

b. Detailed

c. Prima facie

d. Conclusive

 

70. The phrase “prima facie finds” in Section 45 relates to:

a. Existence of arbitration tribunal

b. Validity or operability of the arbitration agreement

c. Validity of arbitral award

d. Jurisdiction of civil court

 

71. A judicial authority may refuse to refer parties to arbitration if the arbitration agreement is:

a. Null and void

b. Inoperative

c. Incapable of being performed

d. All of the above

 

72. Section 46 of the Arbitration and Conciliation Act, 1996 deals with:

a. Enforcement of domestic awards

b. When foreign award is binding

c. Appointment of arbitrators

d. Recognition of arbitral institutions

 

73. Under Section 46, a foreign award shall be treated as binding if it:

a. Is made in India

b. Is enforceable under the Chapter

c. Is confirmed by the Supreme Court

d. Is approved by the Central Government

 

74. A foreign award which is enforceable under the Chapter shall be binding:

a. Only on the arbitral tribunal

b. On the courts

c. On the persons between whom it was made

d. On the Central Government

 

75. A binding foreign award may be relied upon by the persons concerned:

a. Only in arbitration proceedings

b. In legal proceedings in India

c. Only before international tribunals

d. Only before commercial courts

 

76. Under Section 46, a foreign award may be relied upon by a party by way of:

a. Defence

b. Set-off

c. Otherwise in legal proceedings

d. All of the above

 

77. A foreign award may be used by a party in legal proceedings in India as:

a. Evidence only

b. Defence

c. Appeal

d. Review

 

78. Which of the following is specifically mentioned as a mode of relying on a foreign award?

a. Defence

b. Set-off

c. Both A and B

d. Judicial review

 

79. Section 46 clarifies that references to enforcing a foreign award include:

a. Filing an appeal against it

b. Relying on the award in legal proceedings

c. Revising the award

d. Modifying the award

 

80. The phrase “enforcing a foreign award” under this Chapter includes:

a. Only execution of award

b. Only recognition of award

c. Relying on the award in legal proceedings

d. Setting aside the award

 

81. Section 47 of the Arbitration and Conciliation Act, 1996 deals with:

a. Enforcement of domestic awards

b. Evidence required for enforcement of foreign awards

c. Appointment of arbitrators

d. Recognition of arbitral institutions

 

82. Under Section 47(1), the party applying for enforcement of a foreign award must produce documents:

a. Before the arbitral tribunal

b. Before the court

c. Before the Central Government

d. Before the Arbitration Council

 

83. The documents required under Section 47 must be produced:

a. Before filing the arbitration agreement

b. At the time of the application for enforcement

c. After enforcement proceedings begin

d. After court direction

 

84. Under Section 47(1)(a), the applicant must produce:

a. Original award or duly authenticated copy

b. Arbitration petition

c. Civil decree

d. Tribunal report

 

85. A copy of the foreign award produced under Section 47 must be authenticated:

a. By Indian courts

b. In the manner required by the law of the country where the award was made

c. By the Central Government

d. By arbitral institutions in India

 

86. Under Section 47(1)(b), the party seeking enforcement must produce:

a. Original arbitration agreement or duly certified copy

b. Court decree

c. Mediation settlement

d. Government notification

 

87. Under Section 47(1)(c), the applicant must produce evidence to prove that:

a. The award is valid

b. The award is a foreign award

c. The award is domestic

d. The arbitration tribunal was properly constituted

 

88. If the award or arbitration agreement is in a foreign language, the applicant must produce:

a. Translation into Hindi

b. Translation into English

c. Translation into any Indian language

d. No translation required

 

89. The English translation must be certified as correct by:

a. Any advocate

b. Diplomatic or consular agent of the country to which the party belongs

c. Arbitration Council

d. High Court registrar

 

90. The translation may alternatively be certified as correct in:

a. Any manner agreed by the parties

b. Any manner sufficient according to the law in force in India

c. Any manner prescribed by arbitral tribunal

d. Only by the Supreme Court

 

91. The explanation to Section 47 defines the term:

a. Arbitrator

b. Foreign award

c. Court

d. Tribunal

 

92. Under the Explanation to Section 47, “Court” means:

a. Any civil court

b. District Court

c. High Court

d. Supreme Court

 

93. The High Court referred to in the Explanation must have:

a. Original criminal jurisdiction

b. Original jurisdiction to decide the subject-matter if it were a suit

c. Only appellate jurisdiction

d. Administrative jurisdiction

 

94. If the subject-matter of the arbitral award would fall under the original civil jurisdiction of the High Court, the relevant court is:

a. District Court

b. Supreme Court

c. High Court having original jurisdiction

d. Commercial court

 

95. In cases where the High Court does not have original jurisdiction over the subject-matter, the relevant court is:

a. District Court

b. High Court having jurisdiction to hear appeals from decrees of subordinate courts

c. Supreme Court

d. Arbitration Council

 

96. Section 48 of the Arbitration and Conciliation Act, 1996 deals with:

a. Recognition of arbitral institutions

b. Conditions for enforcement of foreign awards

c. Appointment of arbitrators

d. Definition of foreign award

 

97. Under Section 48(1), enforcement of a foreign award may be refused:

a. Automatically by the Court

b. At the request of the party against whom the award is invoked

c. Only by the Central Government

d. Only by the arbitral tribunal

 

98. Enforcement of a foreign award may be refused only if the party against whom it is invoked:

a. Files an appeal

b. Furnishes proof to the Court

c. Challenges the award before arbitrators

d. Refuses to participate in arbitration

 

99. Enforcement may be refused if the parties to the arbitration agreement were:

a. Not citizens of India

b. Under some incapacity under the law applicable to them

c. Government authorities

d. Foreign nationals

 

100. Enforcement may be refused if the arbitration agreement is not valid under:

a. The law chosen by the parties

b. The law of the country where the award was made if no law is indicated

c. Either of the above

d. Only Indian law

 

101. Enforcement may be refused if the party against whom the award is invoked:

a. Did not appoint an arbitrator

b. Was not given proper notice of appointment of arbitrator or arbitral proceedings

c. Did not file written submissions

d. Did not pay arbitration fees

 

102. Enforcement may be refused if the party was:

a. Unable to present his case

b. Not represented by a lawyer

c. Not informed of the arbitration venue

d. Not allowed to appoint arbitrator

 

103. Enforcement may be refused if the award deals with a dispute:

a. Already decided by court

b. Not contemplated by or not falling within the terms of submission to arbitration

c. Related to foreign trade

d. Involving government parties

 

104. If an award contains decisions on matters beyond the scope of arbitration:

a. Entire award must always be refused

b. Only the arbitral tribunal may correct it

c. The separable part relating to submitted matters may be enforced

d. Court must set aside the entire award

 

105. Enforcement may be refused if the composition of the arbitral authority:

a. Was not approved by the High Court

b. Was not in accordance with the agreement of the parties

c. Was not approved by the Central Government

d. Was not composed of lawyers

 

106. If there is no agreement regarding arbitral procedure, enforcement may be refused if the procedure was not in accordance with:

a. Indian Contract Act

b. Law of the country where arbitration took place

c. CPC provisions

d. Supreme Court rules

 

107. Enforcement may be refused if the award:

a. Has not yet become binding on the parties

b. Has been set aside by a competent authority

c. Has been suspended by a competent authority

d. All of the above

 

108. The competent authority referred to in Section 48(1)(e) belongs to:

a. India only

b. The country in which or under the law of which the award was made

c. United Nations tribunal

d. International Court of Justice

 

109. Under Section 48(2), enforcement may also be refused if the Court finds that the subject matter:

a. Is not capable of settlement by arbitration under Indian law

b. Involves foreign parties

c. Is commercial

d. Is contractual

 

110. Enforcement may be refused if enforcement of the award would be contrary to:

a. Indian Contract Act

b. Public policy of India

c. Civil Procedure Code

d. Arbitration Council regulations

 

111. An award is in conflict with public policy of India if the making of the award was induced by:

a. Mistake

b. Fraud or corruption

c. Delay

d. Miscommunication

 

112. Conflict with public policy may arise if the award violates:

a. Section 75 or Section 81 of the Act

b. Only Section 34

c. Only Section 11

d. Only CPC provisions

 

113. An award is in conflict with public policy if it is in contravention of:

a. Fundamental policy of Indian law

b. Foreign law

c. International conventions

d. Local arbitration rules

 

114. An award may conflict with public policy if it is against:

a. Administrative law

b. Basic notions of morality or justice

c. Judicial precedents

d. Arbitration rules

 

115. Explanation 2 clarifies that determining contravention with fundamental policy of Indian law shall not involve:

a. Judicial review

b. Review on merits of the dispute

c. Arbitration proceedings

d. Court jurisdiction

 

116. Under Section 48(3), if an application for setting aside or suspension of the award is made before a competent authority:

a. Enforcement must be immediately refused

b. Court may adjourn the decision on enforcement

c. Arbitration tribunal must reconsider the case

d. Supreme Court must intervene

 

117. While adjourning enforcement under Section 48(3), the Court may order:

a. Re-arbitration

b. Stay of proceedings permanently

c. The other party to give suitable security

d. Payment of damages

 

118. The order for security under Section 48(3) may be passed on the application of:

a. The arbitral tribunal

b. The party claiming enforcement of the award

c. The Central Government

d. The High Court registry

 

119. Section 49 of the Arbitration and Conciliation Act, 1996 deals with:

a. Conditions for enforcement of foreign awards

b. Enforcement of foreign awards

c. Evidence required for enforcement

d. Definition of foreign award

 

120. Under Section 49, a foreign award shall be enforced when the Court is:

a. Notified by the Central Government

b. Satisfied that the award is enforceable under the Chapter

c. Directed by the arbitral tribunal

d. Requested by both parties

 

121. When the Court is satisfied that a foreign award is enforceable, the award shall be deemed to be:

a. An arbitral order

b. A civil decree

c. A decree of that Court

d. An administrative order

 

122. Section 50 of the Arbitration and Conciliation Act, 1996 deals with:

a. Enforcement of foreign awards

b. Appealable orders

c. Evidence for enforcement

d. Definition of foreign awards

 

123. Section 50 begins with a non-obstante clause overriding:

a. Only the Arbitration Act

b. Any other law for the time being in force

c. Only the Code of Civil Procedure

d. Only the Evidence Act

 

124. An appeal under Section 50 lies from an order refusing to:

a. Refer parties to arbitration under Section 45

b. Enforce a foreign award under Section 48

c. Both A and B

d. Appoint arbitrators

 

125. An appeal against orders under Section 50 shall lie to:

a. The Supreme Court directly

b. The arbitral tribunal

c. The court authorised by law to hear appeals from such order

d. The Central Government

 

126. Under Section 50(1)(a), appeal lies when the court refuses to refer the parties to arbitration under:

a. Section 44

b. Section 45

c. Section 47

d. Section 49

 

127. Under Section 50(1)(b), appeal lies when the court refuses to enforce a foreign award under:

a. Section 46

b. Section 47

c. Section 48

d. Section 49

 

128. Which of the following orders is appealable under Section 50?

a. Order referring parties to arbitration

b. Order refusing to refer parties to arbitration under Section 45

c. Order enforcing foreign award

d. Order appointing arbitrator

 

129. Which of the following orders is appealable under Section 50?

a. Order enforcing a foreign award

b. Order refusing to enforce a foreign award

c. Order recognising arbitration agreement

d. Order confirming award

 

130. Under Section 50(2), a second appeal from an order passed in appeal under this section:

a. Is permitted with court permission

b. Is allowed only before the Supreme Court

c. Shall not lie

d. Requires approval of the Central Government

 

131. Section 50 clarifies that prohibition of second appeal does not affect the right to appeal to:

a. High Court

b. Arbitration Council

c. Supreme Court

d. Central Government

 

132. Section 51 of the Arbitration and Conciliation Act, 1996 deals with:

a. Enforcement of awards

b. Saving of rights

c. Appeal against arbitral awards

d. Appointment of arbitrators

 

133. Section 51 provides that nothing in this Chapter shall:

a. Affect arbitration agreements

b. Prejudice any rights of enforcing an award in India

c. Affect domestic arbitration

d. Affect the jurisdiction of courts

 

134. Section 51 preserves the right of a person to:

a. Set aside an arbitral award

b. Enforce an award in India

c. File criminal proceedings

d. Challenge arbitration agreement

 

135. Section 51 ensures that rights existing prior to the enactment of this Chapter:

a. Are abolished

b. Remain unaffected

c. Are subject to court approval

d. Are limited to domestic awards

 

136. Under Section 51, a person may enforce an award in India even if:

a. Arbitration agreement was oral

b. This Chapter had not been enacted

c. Court refuses enforcement

d. Arbitration took place in India

 

137. Which of the following statements is correct regarding Section 51?

a. Chapter II overrides all existing enforcement rights

b. Existing rights of enforcement of awards remain unaffected

c. Only domestic awards are preserved

d. Enforcement rights require Central Government approval

 

138. Section 52 of the Arbitration and Conciliation Act, 1996 deals with:

a. Applicability of Chapter II

b. Non-application of Chapter II to certain foreign awards

c. Appointment of arbitrators

d. Enforcement of domestic awards

 

139. Section 52 provides that Chapter II of Part II shall not apply to:

a. Domestic arbitral awards

b. Foreign awards covered under this Chapter

c. Arbitration agreements in India

d. Mediation settlements

 

140. Section 53 of the Arbitration and Conciliation Act, 1996 deals with:

a. Enforcement of foreign awards

b. Interpretation of the term “foreign award”

c. Evidence for enforcement

d. Appeal against foreign awards

 

141. Section 53 falls under:

a. Chapter I of Part II

b. Chapter II of Part II

c. Part I of the Act

d. Part III of the Act

 

142. Under Section 53, “foreign award” means an arbitral award on differences relating to matters considered:

a. Civil under Indian law

b. Commercial under the law in force in India

c. Administrative under Indian law

d. Constitutional under Indian law

 

143. For the purposes of Section 53, the arbitral award must be made after:

a. 11 October 1960

b. 28 July 1924

c. 15 August 1947

d. 26 January 1950

 

144. The arbitration leading to a foreign award under Section 53 must be in pursuance of:

a. An oral agreement

b. An agreement for arbitration

c. A judicial order

d. A government contract

 

145. The arbitration agreement referred to in Section 53 must be one to which the Protocol set forth in the:

a. First Schedule applies

b. Second Schedule applies

c. Third Schedule applies

d. Fourth Schedule applies

 

146. Under Section 53(b), the foreign award must be between persons of whom:

a. Both are subject to jurisdiction of the same country

b. One is subject to jurisdiction of one of the Powers and the other to another of the Powers

c. Both are Indian citizens

d. Both are corporations

 

147. The Powers referred to in Section 53(b) are those declared by:

a. Supreme Court

b. Central Government

c. Arbitration Council

d. Parliament

 

148. The Central Government declares such Powers by:

a. Rules

b. Notification in the Official Gazette

c. Presidential order

d. Judicial direction

 

149. Such Powers must be declared as parties to the Convention set forth in the:

a. First Schedule

b. Second Schedule

c. Third Schedule

d. Fourth Schedule

 

150. Under Section 53(c), the award must be made in territories declared by:

a. Supreme Court

b. High Court

c. Central Government

d. Arbitration Council

 

151. The territories for applicability of the Convention are declared by:

a. Parliamentary resolution

b. Notification in the Official Gazette

c. Judicial order

d. Arbitration tribunal order

 

152. The Central Government declares territories only when it is satisfied that:

a. Arbitration is widely used

b. Reciprocal provisions have been made

c. Courts approve arbitration

d. International organizations approve

 

153. For the purposes of this Chapter, an award shall not be deemed final if:

a. It has not been executed in India

b. It is challenged in Indian courts

c. Proceedings contesting its validity are pending in the country where it was made

d. The parties disagree with the award

 

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