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Test: Section 26 and 27 of Arbitration and Conciliation Act - Judiciary Exams MCQ


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15 Questions MCQ Test Civil Law for Judiciary Exams - Test: Section 26 and 27 of Arbitration and Conciliation Act

Test: Section 26 and 27 of Arbitration and Conciliation Act for Judiciary Exams 2024 is part of Civil Law for Judiciary Exams preparation. The Test: Section 26 and 27 of Arbitration and Conciliation Act questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Section 26 and 27 of Arbitration and Conciliation Act MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Section 26 and 27 of Arbitration and Conciliation Act below.
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Test: Section 26 and 27 of Arbitration and Conciliation Act - Question 1

When can an arbitral tribunal appoint one or more experts to provide reports on specific matters determined by the tribunal?

Detailed Solution for Test: Section 26 and 27 of Arbitration and Conciliation Act - Question 1
The arbitral tribunal can appoint one or more experts to provide reports on specific matters determined by the tribunal in the absence of any agreement between the parties. This allows the tribunal to gather specialized information and insights to assist in resolving the dispute effectively.
Test: Section 26 and 27 of Arbitration and Conciliation Act - Question 2

What role can an expert appointed by the arbitral tribunal play during the arbitration process?

Detailed Solution for Test: Section 26 and 27 of Arbitration and Conciliation Act - Question 2
An expert appointed by the arbitral tribunal can provide written or oral reports on specific matters as determined by the tribunal. These reports can offer expert insights and analysis on technical or complex issues relevant to the dispute, aiding the tribunal in making informed decisions.
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Test: Section 26 and 27 of Arbitration and Conciliation Act - Question 3

In what circumstances can an expert appointed by the arbitral tribunal be required to participate in an oral hearing?

Detailed Solution for Test: Section 26 and 27 of Arbitration and Conciliation Act - Question 3
An expert appointed by the arbitral tribunal can be required to participate in an oral hearing if requested by a party or deemed necessary by the arbitral tribunal. This provides an opportunity for parties to pose questions and present their own expert witnesses to address the issues at hand, ensuring a comprehensive examination of the expert's findings.
Test: Section 26 and 27 of Arbitration and Conciliation Act - Question 4
What obligation does an expert appointed by the arbitral tribunal have concerning the documents provided for the preparation of their report?
Detailed Solution for Test: Section 26 and 27 of Arbitration and Conciliation Act - Question 4
An expert appointed by the arbitral tribunal must provide access to all documents, goods, or other property provided to them for the preparation of their report upon request by a party. This transparency ensures that all involved parties have the necessary information to understand and engage with the expert's analysis effectively.
Test: Section 26 and 27 of Arbitration and Conciliation Act - Question 5
In arbitration proceedings, what actions can an arbitral tribunal take regarding expert involvement if the parties have not reached an agreement?
Detailed Solution for Test: Section 26 and 27 of Arbitration and Conciliation Act - Question 5
In arbitration proceedings where parties have not reached an agreement, the arbitral tribunal can allow the expert to participate in the oral arbitration proceedings. This inclusion ensures that expert insights and opinions can contribute to the decision-making process, providing valuable perspectives on complex issues.
Test: Section 26 and 27 of Arbitration and Conciliation Act - Question 6
How should arbitrators handle seeking technical assistance in arbitration cases?
Detailed Solution for Test: Section 26 and 27 of Arbitration and Conciliation Act - Question 6
Arbitrators are permitted to seek technical assistance as necessary to fulfill their duties in arbitration cases. However, it is essential for arbitrators to maintain independence and avoid allowing outside individuals to unduly influence their decisions on matters of fact. Seeking technical assistance when needed ensures that complex issues are thoroughly understood and addressed.
Test: Section 26 and 27 of Arbitration and Conciliation Act - Question 7
What is the typical form of expert advice in arbitration proceedings before a hearing?
Detailed Solution for Test: Section 26 and 27 of Arbitration and Conciliation Act - Question 7
Expert advice in arbitration proceedings typically comes in the form of a written report that is produced before the hearing. This report allows the expert's opinions and analysis to be thoroughly considered by the tribunal and the involved parties. It serves as a crucial basis for understanding complex technical or specialized subject matters.
Test: Section 26 and 27 of Arbitration and Conciliation Act - Question 8
Why is the role of an expert considered essential in cases involving highly specialized fields in arbitration?
Detailed Solution for Test: Section 26 and 27 of Arbitration and Conciliation Act - Question 8
In cases involving highly specialized fields in arbitration, the role of an expert is crucial because experts can provide all relevant materials and scientific criteria necessary for the court to make informed judgments. Their expertise helps the tribunal understand complex technical aspects, ensuring that decisions are well-informed and based on expert analysis and insights.
Test: Section 26 and 27 of Arbitration and Conciliation Act - Question 9
What is a requirement for seeking court assistance in obtaining evidence under Section 27 of the Arbitration and Conciliation Act?
Detailed Solution for Test: Section 26 and 27 of Arbitration and Conciliation Act - Question 9
To seek court assistance in obtaining evidence under Section 27 of the Arbitration and Conciliation Act, it is necessary to provide details of the evidence to be obtained, including the names and addresses of witnesses or expert witnesses, along with the subject matter of their testimony, and a description of any documents to be produced or property to be inspected. This requirement ensures transparency and clarity in the process of obtaining evidence.
Test: Section 26 and 27 of Arbitration and Conciliation Act - Question 10
What authority does the court have when executing a request for evidence under the Arbitration and Conciliation Act?
Detailed Solution for Test: Section 26 and 27 of Arbitration and Conciliation Act - Question 10
When executing a request for evidence under the Arbitration and Conciliation Act, the court has the authority to order the evidence to be provided directly to the arbitral tribunal within its jurisdiction and in accordance with its evidence-taking procedures. This facilitates the smooth flow of evidence between the parties involved in the arbitration process and ensures that the tribunal receives the necessary information for making informed decisions.
Test: Section 26 and 27 of Arbitration and Conciliation Act - Question 11
What consequences may individuals face for failing to comply with the court's processes during arbitral proceedings?
Detailed Solution for Test: Section 26 and 27 of Arbitration and Conciliation Act - Question 11
Individuals who fail to comply with the court's processes during arbitral proceedings, refuse to provide evidence, or engage in contemptuous behavior towards the arbitral tribunal may face penalties similar to those imposed for similar offenses in court trials. These penalties serve as a deterrent against non-compliance and ensure the integrity of the arbitration process.
Test: Section 26 and 27 of Arbitration and Conciliation Act - Question 12
When can a witness be compelled to attend and give evidence in arbitral proceedings according to the Arbitration Act?
Detailed Solution for Test: Section 26 and 27 of Arbitration and Conciliation Act - Question 12
According to the Arbitration Act, a witness can be compelled to attend and give evidence in arbitral proceedings if the arbitral tribunal approves the request. This provision ensures that necessary witnesses can be brought in to provide testimony and contribute to the fair and thorough resolution of disputes through the arbitration process.
Test: Section 26 and 27 of Arbitration and Conciliation Act - Question 13
What specific details must the arbitral tribunal provide when seeking the court's aid in recording evidence?
Detailed Solution for Test: Section 26 and 27 of Arbitration and Conciliation Act - Question 13
When the arbitral tribunal seeks the court's assistance in recording evidence, it must provide specific details, including the names and addresses of all parties and arbitrators involved, the general nature of the claim being made, and crucially, details regarding the evidence to be obtained. This information ensures transparency and clarity in the process, facilitating the fair and efficient resolution of the dispute.
Test: Section 26 and 27 of Arbitration and Conciliation Act - Question 14
In what scenario can a party file an objection under section 34 of the Act if the arbitrator denies a specific request related to evidence gathering?
Detailed Solution for Test: Section 26 and 27 of Arbitration and Conciliation Act - Question 14
If the arbitrator denies a party's request to obtain summonses for witness appearances, especially when deemed crucial to the case, the aggrieved party can file an objection under section 34 of the Act. This provision ensures that parties have recourse in situations where essential evidence-gathering measures are being impeded, safeguarding the integrity and fairness of the arbitration process.
Test: Section 26 and 27 of Arbitration and Conciliation Act - Question 15
What guidance does the Act provide in the event the arbitrator refuses a party's request for a specific evidence-related action?
Detailed Solution for Test: Section 26 and 27 of Arbitration and Conciliation Act - Question 15
In cases where the arbitrator refuses a party's request related to evidence gathering, the Act does not offer additional guidance or procedures on how to address this denial. This absence of specific directives underscores the importance of robust communication and cooperation between parties and the arbitrator to navigate potential disputes and challenges effectively within the arbitration framework.
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