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Test: Arbitration, Tribunal Adjudication and Alternative Dispute Resolution - 2 - Humanities/Arts MCQ


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10 Questions MCQ Test Legal Studies Practice Tests: CUET Preparation - Test: Arbitration, Tribunal Adjudication and Alternative Dispute Resolution - 2

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Test: Arbitration, Tribunal Adjudication and Alternative Dispute Resolution - 2 - Question 1

Which of the following is incorrect statement?

Detailed Solution for Test: Arbitration, Tribunal Adjudication and Alternative Dispute Resolution - 2 - Question 1

As per section 67(4) of the act, the conciliator may, at any stage of the conciliation proceedings, make proposals for a settlement of the dispute. Such proposals need not be in writing and need not be accompanied by a statement of the reasons. Hence, B is the correct option.

Test: Arbitration, Tribunal Adjudication and Alternative Dispute Resolution - 2 - Question 2

The 'Principle of Co-operation' is laid down under _______________.

Detailed Solution for Test: Arbitration, Tribunal Adjudication and Alternative Dispute Resolution - 2 - Question 2

In Conciliation proceedings under section 71, the parties shall in good faith cooperate with the conciliator and, in particular, shall endeavor to comply with requests by the conciliator to submit written materials, provide evidence and attend meetings.

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Test: Arbitration, Tribunal Adjudication and Alternative Dispute Resolution - 2 - Question 3

Section 73 lays down the provisions for ______________.

Detailed Solution for Test: Arbitration, Tribunal Adjudication and Alternative Dispute Resolution - 2 - Question 3

Settlement agreement after conciliation proceedings is drawn by conciliator(s), when he finds elements of settlement agreement in the matter. This has been provided under section 73 of the act which says that: When it appears to the conciliator that there exist elements of a settlement, which may be acceptable to the parties, he shall formulate the terms of a possible settlement and submit them to the parties for their observations. If the parties reach agreement on a settlement of the dispute, they may draw up and sign a written settlement agreement. If requested by the parties, the conciliator may draw up, or assist the parties in drawing up, the settlement agreement. When the parties sign the settlement agreement, it shall be final and binding on the parties and persons claiming under them respectively. The conciliator shall authenticate the settlement agreement and furnish a copy thereof to each of the parties.

Test: Arbitration, Tribunal Adjudication and Alternative Dispute Resolution - 2 - Question 4

After the settlement agreement is reached between the parties to conciliation ________________.

Detailed Solution for Test: Arbitration, Tribunal Adjudication and Alternative Dispute Resolution - 2 - Question 4

As per section 73 (4) of the act, after the settlement has been reached between the parties, the conciliator shall authenticate the settlement agreement and furnish a copy thereof to each of the parties. Hence, B is the correct option.

Test: Arbitration, Tribunal Adjudication and Alternative Dispute Resolution - 2 - Question 5

The conciliation proceedings shall be terminated ______________.

Detailed Solution for Test: Arbitration, Tribunal Adjudication and Alternative Dispute Resolution - 2 - Question 5

Under section 76 of the act, ways of terminating the conciliation proceedings have been provided. It says that the conciliation proceedings shall be terminated:

  • By the signing of the settlement agreement by the parties on the date of the agreement; or
  • By a written declaration of the conciliator, after consultation with the parties, to the effect that further efforts at conciliation are no longer justified, on the date of the declaration; or
  • By a written declaration of the parties addressed to the conciliator to the effect that the conciliation proceedings are terminated, on the date of the declaration; or
  • By a written declaration of a party to the other party and the conciliator, if appointed, to the effect that the conciliation proceedings are terminated, on the date of the declaration. 
Test: Arbitration, Tribunal Adjudication and Alternative Dispute Resolution - 2 - Question 6

The evidence which is inadmissible under section 81 is _____________.

Detailed Solution for Test: Arbitration, Tribunal Adjudication and Alternative Dispute Resolution - 2 - Question 6

Under section 81 of the act there are certain kinds of evidence which are inadmissible which include:

  • Views expressed or suggestions made by the other party in respect of a possible settlement of the dispute;
  • Admissions made by the other party in the course of the conciliation proceedings;
  • Proposals made by the conciliator;
  • The fact that the other party had indicated his willingness to accept a proposal for settlement made by the conciliator. 
Test: Arbitration, Tribunal Adjudication and Alternative Dispute Resolution - 2 - Question 7

Section 73 lays down the provisions for ______________.

Detailed Solution for Test: Arbitration, Tribunal Adjudication and Alternative Dispute Resolution - 2 - Question 7

Settlement agreement after conciliation proceedings is drawn by conciliator(s), when he finds elements of settlement agreement in the matter. This has been provided under section 73 of the act which says that:

  • When it appears to the conciliator that there exist elements of a settlement, which may be acceptable to the parties, he shall formulate the terms of a possible settlement and submit them to the parties for their observations. 
  • If the parties reach agreement on a settlement of the dispute, they may draw up and sign a written settlement agreement. If requested by the parties, the conciliator may draw up, or assist the parties in drawing up, the settlement agreement.
  • When the parties sign the settlement agreement, it shall be final and binding on the parties and persons claiming under them respectively.
  • The conciliator shall authenticate the settlement agreement and furnish a copy thereof to each of the parties. 
Test: Arbitration, Tribunal Adjudication and Alternative Dispute Resolution - 2 - Question 8

Scope and object of section 8 of the Arbitration and Conciliation Act, 1996 is _________________.

Detailed Solution for Test: Arbitration, Tribunal Adjudication and Alternative Dispute Resolution - 2 - Question 8

Section 8 of the Arbitration and Conciliation Act, 1996,  a judicial authority before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party so applies not later than when submitting his first statement on the substance of the dispute, refer the parties to arbitration. If the issue is pending before the judicial authority, an arbitration may be commenced or continued and an arbitral award made. Section 34 of Arbitration and Conciliation Act, 1940, says that where any party to an arbitration agreement or any person claiming under him commences any legal proceedings against any other patty to the agreement or any person claiming under him in respect of any matter agreed to be referred, any party to such legal proceedings may, at any time before filing a written statement or taking any other steps in' the proceedings, apply to the judicial authority before which the proceedings are pending to stay the proceedings; and if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the arbitration agreement and that the applicant was, at the time when the proceedings were commenced. and still remains, ready and willing to do all things necessary to the proper conduct of the arbitration, such authority may make an order staying the proceedings.

Test: Arbitration, Tribunal Adjudication and Alternative Dispute Resolution - 2 - Question 9

When was International Telecommunications Union established?

Detailed Solution for Test: Arbitration, Tribunal Adjudication and Alternative Dispute Resolution - 2 - Question 9

International Telecommunications Union was established as International Telegraph Union on 1717th May, 1865 at Paris. It is a specialised agency of the UN which deals with issues related to Inernational Telecommunications and information technology. The International Telegraph Union merged with International Radiotelegraph Union which was unofficially established, in the year 1932 to make International Telecommunication Union which is now headquartered at Geneva, Switzerland.

Test: Arbitration, Tribunal Adjudication and Alternative Dispute Resolution - 2 - Question 10

The Central Administrative Tribunal adjudicates disputes with respect to the recruitment and conditions of service of persons appointed:

1) To public services and posts in connection with the affairs of the Union.

2) Members of the defence forces.

3) Officers and servants of the Supreme Court or of any High Court in India.

Select the correct answer using the code given below.

Detailed Solution for Test: Arbitration, Tribunal Adjudication and Alternative Dispute Resolution - 2 - Question 10

The Central Administrative Tribunal's function is to adjudicate the disputes with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or state or other local authorities within the territory of India od under the control of Government of India.

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