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Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Judiciary Exams MCQ


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30 Questions MCQ Test Civil Law for Judiciary Exams - Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996

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Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 1
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What determines the content and form of an arbitral award?

Detailed Solution for Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 1
The content and form of an arbitral award are primarily determined by the procedural law applicable and the powers granted by the parties in the arbitration agreement. These factors play a significant role in shaping the structure and substance of the arbitral award, along with any specific requirements or preferences outlined in the arbitration agreement.
Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 2
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What is a key focus of Sections 28 to 33 in CHAPTER VI of the Arbitration and Conciliation Act, 1996?

Detailed Solution for Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 2
Sections 28 to 33 in CHAPTER VI of the Arbitration and Conciliation Act, 1996 primarily focus on the making of an arbitral award and the termination of proceedings. This stage is crucial in the arbitration process as it involves the final resolution of the dispute by the arbitrator or arbitral tribunal, leading to the creation of the arbitral award which formally concludes the arbitration proceedings.
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Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 3
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What role does an arbitrator play in the arbitration process?

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An arbitrator plays a crucial role in the arbitration process by rendering decisions that ultimately lead to the creation of an arbitral award. Through careful consideration of the facts, arguments presented by the parties, and applicable law, the arbitrator resolves the dispute and formalizes their decision in the form of an arbitral award, which marks the conclusion of the arbitration proceedings.
Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 4
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What does an arbitral award refer to according to the Arbitration and Conciliation Act, 1996?
Detailed Solution for Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 4
An arbitral award, as defined in the Arbitration and Conciliation Act, 1996, represents the final decision rendered by the arbitral tribunal. This decision is conclusive and binding on the parties involved in the dispute, aiming to resolve the issues brought before the tribunal.
Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 5
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What distinguishes arbitrators' role in providing creative relief compared to mediators?
Detailed Solution for Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 5
While arbitrators have less leeway than mediators in facilitating mutual agreements, they can still incorporate creative relief measures in the arbitral award. Unlike mediators who primarily focus on facilitating dialogue and agreement between parties, arbitrators' decisions are binding and aim to resolve disputes conclusively.
Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 6
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What type of remedies can be included in an arbitral award?
Detailed Solution for Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 6
Arbitral awards can encompass various remedies depending on the specifics of the dispute at hand. These may range from injunctive remedies that mandate specific actions to monetary compensations as per contractual agreements or dispute terms. Additionally, creative relief measures and incentives can also be part of an arbitral award to address emotional or behavioral aspects of the dispute.
Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 7
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What do arbitral awards encompass based on the Arbitration and Conciliation Act, 1996?
Detailed Solution for Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 7
Arbitral awards, according to the Arbitration and Conciliation Act, 1996, encompass both interim awards and the final decision rendered by the arbitral tribunal. This means that any provisional decisions made during the arbitration process, along with the ultimate resolution of the dispute, fall under the scope of arbitral awards.
Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 8
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How can an arbitral award be described in terms of its nature?
Detailed Solution for Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 8
An arbitral award can be described as a conclusive and binding decision issued by an arbitral tribunal or a sole arbitrator. This decision serves as a final resolution to the dispute brought before the tribunal or arbitrator, and it carries legal weight and enforceability upon the involved parties.
Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 9
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Which of the following is NOT a type of remedy that can be offered in an arbitral award?
Detailed Solution for Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 9
While arbitrators can provide various types of remedies in an arbitral award, including injunctive remedies, monetary compensation, and creative relief, they do not typically offer mediation services as part of the award. Mediation is a separate process aimed at facilitating negotiation and settlement between conflicting parties, distinct from the binding decision-making role of arbitrators.
Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 10
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What type of relief involves one party making payments to the other as stipulated by the contract or terms surrounding the dispute?
Detailed Solution for Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 10
Monetary Compensation in arbitration refers to awards where one party is required to make payments to the other party as outlined in the contract or terms related to the dispute. It serves as a form of remedy to address financial aspects of the conflict.
Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 11
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What is the primary purpose of including incentives in an arbitral award?
Detailed Solution for Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 11
Incentives are integrated into arbitral awards to motivate parties to exhibit specific behaviors and adhere to the decision made. By offering incentives, arbitrators aim to encourage compliance and cooperation, fostering a smoother resolution process.
Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 12
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How is an arbitral award defined by the Calcutta High Court?
Detailed Solution for Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 12
According to the Calcutta High Court, an arbitral award is characterized as the result of consensual justice between involved parties. It signifies the final decision on a claim or issue made by selected arbitrators, emphasizing the resolution reached through mutual agreement and arbitration processes.
Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 13
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What does the Calcutta High Court define an arbitral award as?
Detailed Solution for Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 13
The Calcutta High Court defines an arbitral award as the outcome of parties' consensual justice. This means that it is a decision reached by mutual agreement of the involved parties, typically facilitated by chosen arbitrators. It signifies the resolution of a dispute outside of traditional court proceedings, emphasizing the importance of voluntary agreement in the arbitration process.
Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 14
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According to the case of Bhajahari v. Bihari, how is an arbitral award described?
Detailed Solution for Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 14
In the case of Bhajahari v. Bihari, an arbitral award is described as the final decision on a claim or issue made by chosen arbitrators. This signifies that the award represents the conclusive resolution of the dispute under consideration, indicating the binding nature of the decision made by the arbitrators selected by the parties involved.
Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 15
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What type of arbitral awards are governed by Part I of the Arbitration and Conciliation Act, 1996, and are treated akin to court decrees for enforcement purposes?
Detailed Solution for Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 15
Domestic awards, as per the Arbitration and Conciliation Act, 1996, are governed by Part I of the Act and are treated similarly to court decrees for enforcement. This ensures that the enforcement of domestic awards is relatively more straightforward when parties' assets are within the same jurisdiction. Domestic awards play a crucial role in the realm of arbitration, providing a structured approach for resolving disputes within the specified legal framework.
Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 16
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Which convention awards are focused on in Chapter 1 of Part II of the Arbitration and Conciliation Act, 1996?
Detailed Solution for Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 16
Chapter 1 of Part II of the Arbitration and Conciliation Act, 1996, concentrates on New York Convention awards. The New York Convention is a significant international treaty that facilitates the recognition and enforcement of foreign arbitral awards in contracting states. This convention plays a crucial role in promoting international arbitration by ensuring that foreign awards are more readily enforceable across borders.
Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 17
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Which section of the Arbitration and Conciliation Act, 1996, covers the provisions for enforcing Geneva Convention awards?
Detailed Solution for Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 17
Section 57 of the Arbitration and Conciliation Act, 1996, outlines the provisions for enforcing Geneva Convention awards. The Geneva Convention awards hold significance in the realm of international arbitration, providing a framework for the recognition and enforcement of arbitral awards in a manner that promotes consistency and predictability in cross-border dispute resolution.
Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 18
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What type of awards are subject to Part I of the Arbitration and Conciliation Act?
Detailed Solution for Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 18
Awards subject to Part I of the Arbitration and Conciliation Act are known as domestic awards. These awards are governed by the provisions outlined in Part I of the Act, which provides a legal framework for the conduct and enforcement of arbitration proceedings within the country.
Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 19
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In which chapter of Part II of the Act are New York Convention awards covered?
Detailed Solution for Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 19
New York Convention awards are covered in Chapter 1 of Part II of the Arbitration and Conciliation Act. This chapter specifically addresses the recognition and enforcement of foreign arbitral awards that fall under the purview of the New York Convention, an important international treaty governing the recognition and enforcement of arbitral awards.
Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 20
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What is a necessary condition for a foreign arbitration according to the case of Serajuddin v. Michael Golodetz?
Detailed Solution for Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 20
According to the case of Serajuddin v. Michael Golodetz, a necessary condition for a foreign arbitration is that foreign laws must govern the arbitration process. This requirement ensures that the legal framework and procedures followed during the arbitration are based on the laws of a foreign jurisdiction, distinct from the domestic laws of the parties involved.
Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 21
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What criteria must be met for an arbitration to be considered international?
Detailed Solution for Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 21
For an arbitration to be considered international, at least one of the parties involved must be foreign nationals. This criterion helps ensure that the arbitration involves parties from different nationalities, which can bring diverse perspectives and considerations to the dispute resolution process.
Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 22
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In arbitration proceedings, how are decisions typically reached within the arbitral tribunal according to the Arbitration and Conciliation Act, 1996?
Detailed Solution for Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 22
In arbitration proceedings governed by the Arbitration and Conciliation Act, 1996, decisions within the arbitral tribunal are usually made by a majority rule. This means that the decision is based on the agreement of the majority of the tribunal members involved. It ensures a fair and democratic decision-making process within the arbitration framework.
Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 23
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What provision under the Arbitration and Conciliation Act, 1996, allows the arbitral tribunal to facilitate settlements among the parties involved in the arbitration process?
Detailed Solution for Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 23
Section 30 of the Arbitration and Conciliation Act, 1996, enables the arbitral tribunal to encourage settlements between the parties engaged in arbitration. If the parties come to an agreement, it can be formalized into an arbitral award known as an arbitral award on agreed terms. This provision fosters cooperation and resolution among the involved parties, promoting efficiency and effectiveness in the arbitration process.
Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 24
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According to Section 31 of the Arbitration and Conciliation Act, 1996, what is a mandatory requirement for arbitral awards to be considered valid and enforceable?
Detailed Solution for Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 24
Section 31 of the Arbitration and Conciliation Act, 1996, mandates that arbitral awards must be in writing and signed by all tribunal members to be considered valid. This requirement ensures the integrity and authenticity of the award. Additionally, the rationale behind the award should be clearly explained to provide transparency and understanding to the parties involved in the arbitration process.
Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 25
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What is a mandatory requirement for arbitral awards according to Section 31 of the Arbitration and Conciliation Act, 1996?
Detailed Solution for Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 25
According to Section 31 of the Arbitration and Conciliation Act, 1996, arbitral awards must be in writing, signed by all tribunal members, and the rationale behind the award should be clearly explained. This requirement ensures transparency and helps parties understand the basis for the decision, promoting confidence in the arbitration process.
Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 26
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In arbitration proceedings, when are the reasons for the award on agreed terms not required to be stated?
Detailed Solution for Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 26
In cases of settlements, the reasons for the award on agreed terms are not required to be stated. This exception recognizes that parties have mutually agreed on the terms of the settlement, making it unnecessary to provide detailed reasons for the award in such instances.
Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 27
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In the scenario of Sukanya Holdings Pvt. Ltd. v. Jayesh H. Pandya, what principle allows non-signatories to an arbitration agreement to participate in arbitration proceedings?
Detailed Solution for Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 27
The principle of Equitable Estoppel, as demonstrated in cases like Sukanya Holdings Pvt. Ltd. v. Jayesh H. Pandya, allows non-signatories to an arbitration agreement to participate in arbitration proceedings as long as the necessary parties to the agreement are present. This principle prevents parties from taking advantage of the agreement when it suits them and then denying its applicability when it does not, ensuring fairness and consistency in arbitration proceedings.
Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 28
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Under what circumstances can arbitral proceedings be terminated if found unnecessary or impossible to continue?
Detailed Solution for Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 28
When the arbitral tribunal deems it unnecessary or impossible to continue the proceedings for valid reasons, termination of the arbitral process can occur. This termination may arise due to various factors such as insurmountable obstacles or procedural impracticalities.
Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 29
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What does Section 32(3) of the Arbitration and Conciliation Act allow for?
Detailed Solution for Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 29
Section 32(3) of the Arbitration and Conciliation Act allows for the termination of the arbitrator's mandate following an order of termination under Section 32. This section also permits the termination of proceedings by the Arbitral Tribunal on various grounds or when continuing the arbitration is deemed unnecessary. It plays a crucial role in concluding arbitration proceedings under specific circumstances.
Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 30
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What key distinction is emphasized in the Supreme Court case of Sai Babu v. M/S Clariya Steels Private Limited (2019)?
Detailed Solution for Test: Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996 - Question 30
The Supreme Court case of Sai Babu v. M/S Clariya Steels Private Limited (2019) emphasized a distinction between termination under Section 32 and Section 25 of the Arbitration and Conciliation Act. This distinction is crucial in understanding the specific conditions and implications of termination under each section, contributing to clarity and precision in arbitration proceedings.
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