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WorksheetsQuiz on Arbitration and Mediation
Total questions: 92
Worksheet time: 46mins
Section 34 of the arbitration and conciliation act 1996 deals with __?
Interim measures ordered by the arbitral tribunal
Application for setting aside an arbitral award
Termination of proceedings
Appointment of arbitrators
In the Arbitration & Conciliation Act, 1996, Conciliation is covered in Part ..... Of the Act
1
2
3
4
A dispute resolution method where a person facilitates parties to exchange information, ideas and possible alternative solutions
Arbitration
Negotiation
Mediation
Litigation
A mediator should not have which of the following qualities
Prejudiced
Flexible
Permissive
Imaginative
Which of the following matters cannot be referred to ADR
customer complaints
civil cases
criminal cases
cases of trade disputes
In ____________, a neutral third party assists the disputing parties in reaching a settlement of their dispute.
Arbitration
Negotiation
Mediation
Litigation
Which are the correct methods of ADR?
Legislation, Arbitration and Negotiation
Negotiation, Legislation and Mediation
Arbitration, Negotiation, Conciliation and Mediation
Legislation and Mediation
Which are the correct advantages of Negotiation?
Its Quick, Cheap Process and Privacy.
Cheap Process and Might not come to a decision.
Privacy and Lack of certainty.
Might not come to a decision and its Quick
Which of the following matters are not referred to arbitration?
Civil matters.
Matrimonial matters.
Banking matters.
Property matters.
What’s the similarity with mediation and conciliation
They sound the same
They both use a messenger
They are the same
There is no similarity
What’s an arbitrator’s role?
Sit and talk
Acts like a judge
Acts like a jury
Acts like a police officer
Which are the correct disadvantages of Arbitration?
Legal point, Flexible, Fees expensive and Delays
Fees expensive, Legal point, Delays and Limited appeal
Limited appeal and Its Quick
Flexible
A conciliator is appointed
By the parties to the dispute.
By the Chief Justice of the high court.
By the Civil Court
None of the options
In ADR the issue is ....
Proved
Inquired into.
Agreed upon.
Disposed
The mediator is ....
Judge
Facilitator
Advisor
Expert
Is the Arbitral tribunal Competent to appoint an expert in certain cases-?
Yes
No
May Be
Not Sure
Arbitral tribunal has no jurisdiction to issue ....
Interim award.
Award
Winding up orders
Ex-parte Orders.
The process of mediation may have to pass through several stages such as
opening statement, opening statement to the parties, summarizing and agenda setting, exploration of issues.,private sessions or caucuses,joint negotiation session, agreement
Opening Statement, Negotitions, Agreement
Joint Negotitation sessions and agreement
Opening Sttaement, Negotiation, Mediation and agreement
The essence of mediation lies in the role of the mediator as a
Arbitrator
Facilitator
Adjudicator
Counsellor
The mediator is a-
Neutral Person
Friend of One party
Friend of Both the parties
Judge
The mediator does not either deliver judgment
does not either deliver judgment
Delivers Judgemnets
He dictate to the parties the terms of the agreement.
The role of the mediator is to create an environment
resolving the dispute in a purely Judical Manner
resolving the dispute by giving an Award
resolving the dispute in a purely voluntary settlement or agreement
resolving the dispute in an ivoluntary settlement or agreement
Pick out the Right Statement ?
Mediation is a matter of Public Record
Mediation is not a matter of public record
Mediation procedding are produced in court.
Mediation procedding are produced at home.
Pick out the Wrong Statement ?
Parties have control over their participation in mediation.
Without the formalities found in litigation, mediation usually results in substantial costs savings.
Mediation is a matter of public record
Mediation is a matter of personal record
A mediator may adopt
facilitative approach
evaluative approach
Both a and b
None of the above
Mediation usually has seen in the
Family matters
Company Matters
Contracts Matter
Muslim Matter
When the two contending parties are unable to compose their differences by themselves or with the help of the mediator or conciliator, agree to submit the dispute to impartial authority whose decision they are ready to accept is called _________
Voluntary Arbitration
Vouluntary Mediation
Complusary Arbitration
Mediation
What is the role of a mediator?
avoidance of misunderstanding
voluntary resolution
communication and assistance
All of the above
Appointment of mediator is mentioned in:
Draft mediation rules 2003
draft mediation rules 2004
draft mediation rules 2005
draft mediation rules 2006
Court shall while nominating any person from the panel of mediators referred to in rule 3 of mediation rules 2003 consider his suitability for resolving the particular class of dispute involved in the suit and shall give preference to those who have prove
Rule 6
Rule 5
Rule 14
Rule 15
Which of the settlement machinery implies a stronger form of intervention and a mediator may be permitted to offer to the parties proposals for settlement?
Mediation
Concilation
Arbitration
Negotiation
The mediator has been described as a confidential _________ and an industrial diplomat.
peace maker
messenger
adviser
None of the above
State true or false. The mediator imposes his will and judgement on both the disputing parties.
true
False
Partly True
None of these
Which are the three kinds of mediators according to professor Pigou?
The eminent outside
The non - governmental board
The board connected with some part of the governmental system of the country
All of the above
What is the difference between political and legal means of dispute settlement?
The outcome arising from legal methods, ie arbitration or adjudication by the ICJ, is final and binding upon the parties, whereas this is not the case with diplomatic methods
The political methods are pursued upon the consent of then parties to the dispute, whereas the legal methods not
The political means lead to a final settlement of the dispute, whereas this is not the case with the legal methods
The legal methods of dispute settlement are pursued only in respect of significant disputes, whereas the political means are employed in all disputes
Are States under any obligation when they conduct negotiations?
States are under an obligation so to conduct themselves that the negotiations are meaningful
States are under no obligation as to how they conduct their negotiation
States are under an obligation to find a solution of the dispute whenever they conduct negotiations
States are under an obligation to inform the UN Secretary-General about the progress of their negotiations
Which provision of the Code of Civil Procedure, 1980 specifically provides for the settlement of disputes through Alternative Dispute Resolution?
There is no specific provision of CPC providing for alternative dispute resolution.
The CPC as a whole provides for alternative dispute resolution.
Section 89 of the CPC expressly provides for settlement of disputes through alternative dispute resolution.
It is not the CPC, but rather, the Arbitration Act of 1987 which is the governing law on alternative dispute resolution in the country today.
Mediation is a mode of dispute resolution, where an amicable decision arises with the help of a third party known as a
Mediator
Concilator
Arbitrator
None of the above
What is the Nature of Proceedings in Negotiations and Mediation
Informal
Formal
Semi
Criminal
What are the disadvantage of Negotiation ?
The parties to the dispute may not come to a settlement.
Lack of legal protection of the parties to the conflict.
imbalance of power between the parties is possible in negotiation.
All of the above
the process of bargaining happens in
Negotiation
Concillation
Mediation
None of the above
Negotiation by By States and countries is known as
Political Negotation
Legal Negotiation
Commercial Negotiation
Personal negotiation
Answer True or False - Is Dialogue Important component of negotiations.
True
False
Partly True
None of these
Section 23 of the HMA,1955 promotes Negotiation by:-
endevour to reconcillation between the spouces and parties.
endevour to file case in court
endevour to divorce
endevour to file Police Report
Few important provisions related to ADR are:-
Section 89 of the Civil Procedure Code, 1908
Arbitration and Conciliation Act, 1996
The Legal Services Authority Act, 1987
All of the above
What is the full form of BATNA
Best Alternative to Negotiated Agreement
Negotiated Agreement
Best Alternative
Best Amicable Technique for Negotiated Agreement.
What is the full form of WATNA
Worst Alternative to Mediation Agreement
Worst Alternative to Negotiated Agreement
Win Alternative to Negotatied Instruments.
What is the full form of WATNA?
Worst Alternative to Mediation Agreement
Worst Alternative to Negotiated Agreement
Win Alternative to Negotatied Instruments.
Win Alternative to Negotatied documents
What is the full form of MLATNA?
Most Likely Alternative to Negotiated Agreement
Alternative to Negotiated Instrument
Worst Alternative to Negotiated Agreement
Worst Negotiated Agreement
What is the law which deals with Arbitration and Concilation in India?
The Arbitration and Conciliation Act, 1996
The Arbitration and Conciliation Act, 2002
The Arbitration Act, 1940
The Arbitration Act, 1945
When was The Arbitration and Conciliation Act enacted?
2002
1996
1940
2023
Which is a dispute settlement process in which a impartial third party is appointed to study the dispute and hear both the party to arrive at a decision binding on both the parties.
Arbitration
Concillation
Negotiations
Criminal Cases
Prior Agreement for dispute settlement is required in
Arbitration
Concillation
negotiations
Altercations
A -------------- do not have the power to enforce his decision.
Arbitrator
conciliator
Judge
Human Being
What is the main function of an arbitral award?
To provide a legal precedent
To resolve a dispute and grant a remedy
To create laws
To represent one party’s interests
Who can be an arbitrator in domestic arbitration?
Only legal professionals
Any person chosen by the parties
Only judges from the High Court
Only law firms
What is an arbitral tribunal?
A court that resolves all disputes
A panel of judges for arbitration
A neutral party that helps in negotiations
A forum for public hearings
Which of the following is true about domestic arbitration in India?
It is governed by the Arbitration and Conciliation Act, 1996
It is regulated by the Indian Penal Code
It requires a formal trial
It involves public hearings
When is an arbitral award considered binding in domestic arbitration?
Only after being confirmed by a court
After the tribunal renders its decision
When both parties accept it
When the parties file an appeal
Under what condition can an arbitral award be challenged in India?
If the parties disagree with the outcome
If there is a procedural irregularity or public policy violation
If the tribunal is biased
All of the above
What does the term "domestic arbitration" refer to?
Arbitration between parties from different countries
Arbitration conducted within a country involving its nationals
Arbitration in international trade
Arbitration conducted by government bodies
Which of the following is NOT a role of the arbitral tribunal?
To resolve disputes based on written laws
To assist parties in reaching a settlement
To provide a binding decision
To represent a party in the dispute
In domestic arbitration, who typically appoints the arbitrators?
The court
The parties involved in the dispute
The government
A third-party organization
Which of the following is an example of a domestic arbitration dispute?
Dispute between two countries over trade
Dispute between two companies based in India
Dispute between a company and a foreign national
Dispute over international patents
What is an award in arbitration?
A binding decision issued by the arbitrator(s)
A voluntary suggestion made by the tribunal
A negotiation term between the parties
A judgment passed by the court
How can an arbitral award be enforced in India?
By filing a case in civil court
By seeking confirmation and enforcement in court
By notifying the arbitrator
By appealing to the Supreme Court
What is the primary advantage of arbitration over litigation?
It is more formal and public
It is a faster and more flexible process
It requires government approval
It is always cheaper than litigation
Can an arbitral tribunal's decision be appealed in domestic arbitration?
Yes, to the Supreme Court
Yes, but only on specific legal grounds
No, once an award is issued, it is final
No, there is no appeals process
Which of the following is NOT part of an arbitral tribunal's function?
Facilitating communication between the parties
Reviewing evidence and making a final decision
Writing a detailed judgment
Offering legal representation to a party
Under which circumstances can an arbitral award be set aside?
If the award is made after a lengthy trial
If the award violates public policy or was rendered in a biased manner
If the award does not provide a clear rationale
If the award is in favor of the stronger party
What is the time frame for challenging an arbitral award in India?
3 months
6 months
1 year
2 years
Who pays the costs of arbitration in a domestic arbitration?
Only the losing party
The winning party
The parties share costs as agreed
The arbitrator's office
What must be included in an arbitral award under Indian law?
Only the arbitrator’s opinion
A written explanation and reasons for the decision
A recommendation for settlement
A public verdict
In domestic arbitration, what happens if the parties cannot agree on the arbitrator?
The court appoints the arbitrator
The dispute is dismissed
The arbitration cannot proceed
The arbitration is paused
What is the role of the court in domestic arbitration?
To decide the dispute
To supervise and enforce the arbitration process
To appoint the arbitrator only
To resolve appeals of the arbitral award
What is the minimum number of arbitrators required in a domestic arbitration panel?
1
2
3
5
What is the term "award" in arbitration often used to describe?
A suggestion for compromise
The final binding decision by the tribunal
A statement of opinions
A judgment from a higher court
In which of the following cases can an arbitral award be set aside in India?
If it violates principles of natural justice
If the arbitrator is biased
If the award goes against public policy
All of the above
Can an arbitral tribunal conduct hearings without both parties present?
Yes, if both parties agree
No, both parties must be present
Yes, but only in criminal cases
Yes, but only if one party is missing
How is an arbitral award different from a court judgment?
It is enforceable only through government action
It is final and binding unless appealed
It is a non-binding recommendation
It requires a trial for enforcement
Who is responsible for the costs of the arbitration process in domestic arbitration?
The arbitrator alone
The government
The parties involved in the dispute
The court system
What is the role of the arbitral tribunal during the arbitration process?
To enforce the law
To provide a forum for negotiation
To make a binding decision after reviewing evidence
To represent one party’s position
Under the Indian Arbitration Act, 1996, what is the maximum time for making an arbitral award?
3 months
6 months
12 months
1 year
Can an arbitral award be challenged on the grounds of its legality?
No, once issued, it is final
Yes, if the award violates the law
Yes, if there is a conflict of interest
No, arbitral awards are not appealable
What does the term “domestic arbitration” specifically mean in India?
Arbitration between parties from different countries
Arbitration conducted within India between Indian nationals
Arbitration that takes place within a court
Arbitration involving non-governmental organizations
In domestic arbitration, who decides on the procedural rules?
The arbitral tribunal
The court
The government
The parties involved
How can an arbitral award be enforced if one party refuses to comply?
Through a court order for enforcement
By mediation
By sending a warning to the party
By appealing to higher courts
What is the legal effect of an arbitral award in domestic arbitration?
It is not legally binding until confirmed by a court
It is immediately binding and enforceable
It requires the approval of the government
It is a suggestion only
How does an arbitral tribunal handle disputes regarding the appointment of an arbitrator?
It appoints an arbitrator on its own
The court intervenes and appoints the arbitrator
The parties select a neutral third party
The tribunal defers the decision to a higher authority
What is the effect of an arbitral tribunal's award on the parties involved?
It has no effect until confirmed by a court
It is non-binding and can be ignored
It is binding and enforceable
It is a suggestion for settlement only
Can an arbitral award be appealed?
Yes, always
Yes, only on specific legal grounds
No, it is final
Only in cases involving fraud
What is the maximum time allowed for the enforcement of an arbitral award under Indian law?
1 month
6 months
1 year
3 years
