ADR

Arbitration and Conciliation Act 1996 came into existence pursuant to:

• Constitution of India

• UNCITRAL Model Law

• 120th Law Commission of India Report

• only 1 and 2

• All of the above

the case of Sundaram Finance v. NEPC Ltd deals with:

• Streamlining and expediting arbitral proceedings

• Recourse to UNCITRAL Model Law for interpretation

• Consolidating and amending legislation intended to be exhaustive

• Only 3

• All 1, 2 and 3

What is the difference between a partial award and an interim award?

• They are used interchangably

• Interim award is delivered pursuant to prima facie understanding of a case whereas a partial award is tentative determination of rights and liabilities

• Interim award may or may not involve a monetary relief whereas a partial award will surely involve a monetary relief

• Interim Award is for immediate relief whereas partial award is for some issues rather than all

The definition/understanding of an award was discussed in the case of:

• Satish Kumar v. Surinder Kumar

• Kohinoor Creations v. Syndicate bank

• Meenakshi Sundaram v. Velambal Ammal

• Satwant Singh Sodhi v State of Punjab

The distinction between an award and an order was laid down in the case of:

• CMC Ltd. v. Unit Trust of India

• Ramesh Vaish v. Banwari Lal Jaipuria

• Liberty Shoes Ltd. v. Harish Kumar Gupta

• Commissioner Kolhapur Municipal Corporation v. Fairdeal Construction

An arbitral tribunal pursuant to Section 2 of the ACA means:

• A sole arbitrator

• even number of arbitrators

• panel of arbitrators

• 1 and 2

• 1 and 3

To expedite the process of arbitration, the tribunal has the power of hold hearings everyday has been laid down under:

• Arbitration Amendment Act 2015

• Arbitration Amendment Act 2019

• Arbitration and Conciliation Act 1996

• UNCITRAL Model Law

• Both 1 and 3

What is a "court" pursuant to Section 2 (1) (e) of ACA?

• Principal Civil court of a district exercising original jurisdiction

• City Civil and Sessions court of a district exercising original jurisdiction

• High court of a State exercising original jurisdiction

• 1 and 3

• 2 and 3

What was laid down in the landmark case of Bhatia International v. Bulk Trading S.A. (2002)?

• Part I is not applicable to ICA held outside India unless the parties by agreement, express or implied, exclude all or any of its provision

• Part I is applicable to ICA held outside India unless the parties by agreement, express or implied, exclude all or any of its provision

• Part II is applicable to both ICA and Domestic Arbitration unless the parties by agreement, express or implied, exclude all or any of its provision

• Part II is not applicable to both ICA and Domestic Arbitration unless the parties by agreement, express or implied, exclude all or any of its provision

The Supreme Court, post the BALCO decision, reiterated that a foreign award cannot be challenged u/s 34 ACA in the case of:

• Eitzen Bulk A/S v. Ashapura Minechem Ltd.

• Roger Shashoua v. Mukesh Sharma

• Enercon (India) Ltd. v. Enercon Gmbh

• Reliance Industries Ltd. v. Union of India