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WorksheetsADR
Total questions: 15
Worksheet time: 30mins
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
The test of 'real and closest connection' for selecting a seat for arbitration was developed in the case of:
Bharat Aluminium Company Ltd. v. Kaiser Aluminium Technical Services
Venture Global Engineering v. Satyam Computer Services
Naveria Amazonica v. Compania Int’l De Segurous Del Peru
Bhatia International v. Bulk Trading
An agent cannot be a party to an arbitration agreement was laid down in the case of:
Eureka Buidlers v. Gulabchand
Balliboi Ltd. v. Union of India
Chennai Container Terminal Pvt. Ltd. v. Union of India
Sayaji Mills v. Aradhan Investments Ltd.
The object of Section 4 of ACA is:
provides a right to object to the parties to an arbitration
provides for a provision of waiver of right to object
enacted to control conduct of parties during arbitral proceedings
provides for a deemed waiver provision
Sec 2 (1) (f) of ACA is based on:
Article 1 of UNCITRAL Model Law
Article 2 of UNCITRAL Model Law
Article 3 of UNCITRAL Model Law
Article 4of UNCITRAL Model Law
The duty of an arbitral tribunal to deliver an arbitral award in writing and give reasons for the same is laid down under:
Section 30 of ACA
Section 31 of ACA
Section 32 of ACA
Section 33 of ACA
