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Judiciary Exams Exam  >  Judiciary Exams Tests  >  Civil Law for Judiciary Exams  >  Test: Summary: Conduct of Arbitral Proceeding under Arbitration and Conciliation Act, 1996 - Judiciary Exams MCQ

Test: Summary: Conduct of Arbitral Proceeding under Arbitration and Conciliation Act, 1996 - Judiciary Exams MCQ


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10 Questions MCQ Test Civil Law for Judiciary Exams - Test: Summary: Conduct of Arbitral Proceeding under Arbitration and Conciliation Act, 1996

Test: Summary: Conduct of Arbitral Proceeding under Arbitration and Conciliation Act, 1996 for Judiciary Exams 2024 is part of Civil Law for Judiciary Exams preparation. The Test: Summary: Conduct of Arbitral Proceeding under Arbitration and Conciliation Act, 1996 questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Summary: Conduct of Arbitral Proceeding under Arbitration and Conciliation Act, 1996 MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Summary: Conduct of Arbitral Proceeding under Arbitration and Conciliation Act, 1996 below.
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Test: Summary: Conduct of Arbitral Proceeding under Arbitration and Conciliation Act, 1996 - Question 1
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What is a key prerequisite for arbitration as outlined in the Arbitration and Conciliation Act of 1996?

Detailed Solution for Test: Summary: Conduct of Arbitral Proceeding under Arbitration and Conciliation Act, 1996 - Question 1
In arbitration, a key prerequisite as outlined in the Arbitration and Conciliation Act of 1996 is a written and signed agreement by both parties. This agreement is essential for initiating the arbitration process as it serves as a formal acknowledgment and consent from all involved parties to resolve disputes through arbitration. It provides a clear framework for the arbitration proceedings and helps ensure that both parties are committed to the process.
Test: Summary: Conduct of Arbitral Proceeding under Arbitration and Conciliation Act, 1996 - Question 2
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Which case emphasized essential elements of an arbitration agreement such as intent to resolve disputes, timely resolution, binding written agreement, and mutual consensus?

Detailed Solution for Test: Summary: Conduct of Arbitral Proceeding under Arbitration and Conciliation Act, 1996 - Question 2
The case of Bihar State Mineral Dev Corpn. V Encon Builders (I) Pvt. Ltd emphasized the essential elements of an arbitration agreement. These elements include the intent to resolve disputes, timely resolution, a binding written agreement, and mutual consensus. This case highlighted the importance of a clear and comprehensive arbitration agreement that outlines the terms and conditions for resolving disputes through arbitration.
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Test: Summary: Conduct of Arbitral Proceeding under Arbitration and Conciliation Act, 1996 - Question 3
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According to the Arbitration and Conciliation Act of 1996, how are arbitrators appointed?

Detailed Solution for Test: Summary: Conduct of Arbitral Proceeding under Arbitration and Conciliation Act, 1996 - Question 3
According to the Arbitration and Conciliation Act of 1996, arbitrators are appointed through mutual consent under section 11 of the Act. This provision allows both parties involved in the dispute to agree on the selection of arbitrators who will preside over the arbitration proceedings. Mutual consent in appointing arbitrators helps ensure fairness and impartiality in the arbitration process, as both parties have a say in selecting individuals they trust to resolve the dispute.
Test: Summary: Conduct of Arbitral Proceeding under Arbitration and Conciliation Act, 1996 - Question 4
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In which legal case was it established that a person involved in an agreement cannot act as an arbitrator to ensure impartiality?
Detailed Solution for Test: Summary: Conduct of Arbitral Proceeding under Arbitration and Conciliation Act, 1996 - Question 4
In the legal case of Tulsi Narayan Garg Vs. The M.P. Road Development Authority, Bhopal and Ors, it was established that a person involved in an agreement cannot act as an arbitrator to ensure impartiality. This principle aligns with the notion of treating both parties equally, as stated in section 18 of the Arbitration and Conciliation Act. It underscores the importance of impartiality and fairness in arbitration proceedings.
Test: Summary: Conduct of Arbitral Proceeding under Arbitration and Conciliation Act, 1996 - Question 5
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What is one of the fundamental principles that guide arbitration, as outlined in Section 18 of the Act?
Detailed Solution for Test: Summary: Conduct of Arbitral Proceeding under Arbitration and Conciliation Act, 1996 - Question 5
One of the fundamental principles that guide arbitration, as outlined in Section 18 of the Act, is that parties involved must be treated equally, with both given the opportunity to present their cases. This principle ensures fairness and procedural justice in the arbitration process, allowing each party to present their arguments and evidence without bias.
Test: Summary: Conduct of Arbitral Proceeding under Arbitration and Conciliation Act, 1996 - Question 6
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In the Supreme Court case of Vinod Bhaiyalal Jain Vs. Wadhwani Parmeshwari Cold Storage Pvt. Ltd, what issue was specifically addressed?
Detailed Solution for Test: Summary: Conduct of Arbitral Proceeding under Arbitration and Conciliation Act, 1996 - Question 6
The specific issue addressed in the Supreme Court case of Vinod Bhaiyalal Jain Vs. Wadhwani Parmeshwari Cold Storage Pvt. Ltd was the issue of bias in arbitration proceedings. The court emphasized the importance of maintaining impartiality in arbitration and avoiding any form of bias that could compromise the fairness and integrity of the arbitration process.
Test: Summary: Conduct of Arbitral Proceeding under Arbitration and Conciliation Act, 1996 - Question 7
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What were the consequences in the case study mentioned where bias led to the arbitration award being set aside?
Detailed Solution for Test: Summary: Conduct of Arbitral Proceeding under Arbitration and Conciliation Act, 1996 - Question 7
In the case study mentioned, the consequences of bias in arbitration led to the arbitration award being set aside. This outcome underscores the critical importance of arbitrators maintaining impartiality and avoiding bias to ensure the integrity and legitimacy of the arbitration process. The setting aside of the arbitration award highlights the serious implications that bias can have on the outcome of arbitration proceedings.
Test: Summary: Conduct of Arbitral Proceeding under Arbitration and Conciliation Act, 1996 - Question 8
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What is the significance of Section 22 of the Act regarding arbitration proceedings?
Detailed Solution for Test: Summary: Conduct of Arbitral Proceeding under Arbitration and Conciliation Act, 1996 - Question 8
Section 22 of the Act is significant as it provides the arbitrator with the authority to choose the language for the arbitration proceedings if the parties have not made a selection. This is crucial for ensuring clear communication and understanding during the arbitration process.
Test: Summary: Conduct of Arbitral Proceeding under Arbitration and Conciliation Act, 1996 - Question 9
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What is the time limit for parties to complete their statements of claim and defense after the arbitrator's appointment?
Detailed Solution for Test: Summary: Conduct of Arbitral Proceeding under Arbitration and Conciliation Act, 1996 - Question 9

Within six months of the arbitrator's appointment, both parties are required to finalize and submit their statements of claim and defense. This time restriction ensures a timely progression of the arbitration process.

Test: Summary: Conduct of Arbitral Proceeding under Arbitration and Conciliation Act, 1996 - Question 10
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What does Section 24 of the Act discuss regarding the arbitrator's authority over arbitral proceedings?
Detailed Solution for Test: Summary: Conduct of Arbitral Proceeding under Arbitration and Conciliation Act, 1996 - Question 10
Section 24 of the Act discusses the arbitrator's authority over arbitral proceedings in the absence of a written agreement between the parties. In such cases, the arbitrator can conduct proceedings orally or through documents and materials, ensuring that the arbitration process can proceed effectively even in the absence of a formal written agreement.
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