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Judiciary Exams Exam  >  Judiciary Exams Tests  >  Test: Conduct of Arbitral Proceeding: Section 19 of Arbitration and Conciliation Act - Judiciary Exams MCQ

Test: Conduct of Arbitral Proceeding: Section 19 of Arbitration and Conciliation Act - Judiciary Exams MCQ


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15 Questions MCQ Test - Test: Conduct of Arbitral Proceeding: Section 19 of Arbitration and Conciliation Act

Test: Conduct of Arbitral Proceeding: Section 19 of Arbitration and Conciliation Act for Judiciary Exams 2024 is part of Judiciary Exams preparation. The Test: Conduct of Arbitral Proceeding: Section 19 of Arbitration and Conciliation Act questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Conduct of Arbitral Proceeding: Section 19 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: Conduct of Arbitral Proceeding: Section 19 of Arbitration and Conciliation Act below.
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Test: Conduct of Arbitral Proceeding: Section 19 of Arbitration and Conciliation Act - Question 1
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According to Section 19 of the Arbitration and Conciliation Act, what is the level of obligation of the arbitral tribunal towards the Code of Civil Procedure, 1908, and the Indian Evidence Act, 1872?

Detailed Solution for Test: Conduct of Arbitral Proceeding: Section 19 of Arbitration and Conciliation Act - Question 1
As per Section 19 of the Arbitration and Conciliation Act, the arbitral tribunal is not bound by the Code of Civil Procedure, 1908, or the Indian Evidence Act, 1872. This provision grants the tribunal flexibility in conducting proceedings without strict adherence to these specific legal codes.
Test: Conduct of Arbitral Proceeding: Section 19 of Arbitration and Conciliation Act - Question 2
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What authority do the parties involved in arbitration cases have concerning procedural rules, as stated in the Arbitration and Conciliation Act?

Detailed Solution for Test: Conduct of Arbitral Proceeding: Section 19 of Arbitration and Conciliation Act - Question 2
Parties involved in arbitration cases can agree on the procedure for the arbitral tribunal's proceedings, as outlined in the Arbitration and Conciliation Act. This provision emphasizes the importance of mutual agreement between the parties regarding the procedural aspects of arbitration.
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Test: Conduct of Arbitral Proceeding: Section 19 of Arbitration and Conciliation Act - Question 3
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In the absence of an agreement between the parties in an arbitration case, how does the arbitral tribunal proceed with conducting proceedings?

Detailed Solution for Test: Conduct of Arbitral Proceeding: Section 19 of Arbitration and Conciliation Act - Question 3
When there is no agreement between the parties involved in an arbitration case, the arbitral tribunal has the discretion to conduct proceedings as it deems appropriate. This allows the tribunal the necessary flexibility to handle the case effectively in the absence of predefined procedural rules.
Test: Conduct of Arbitral Proceeding: Section 19 of Arbitration and Conciliation Act - Question 4
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What power does the arbitral tribunal possess regarding the evaluation of evidence in arbitration cases?
Detailed Solution for Test: Conduct of Arbitral Proceeding: Section 19 of Arbitration and Conciliation Act - Question 4
The arbitral tribunal possesses the authority to decide on the admissibility, relevance, materiality, and weight of evidence in arbitration cases. This power enables the tribunal to make informed decisions based on the evidence presented during the proceedings, ensuring a fair and just arbitration process.
Test: Conduct of Arbitral Proceeding: Section 19 of Arbitration and Conciliation Act - Question 5
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What significant aspect of arbitrators' decision-making process was highlighted in the case of Ashok Kumar Singh vs. Shanti Devi (2011)?
Detailed Solution for Test: Conduct of Arbitral Proceeding: Section 19 of Arbitration and Conciliation Act - Question 5
The case of Ashok Kumar Singh vs. Shanti Devi (2011) emphasized that arbitrators are not constrained by the procedural intricacies mandated by the Civil Procedure Code. This ruling underscores the independence and flexibility that arbitrators have in their decision-making processes, enabling them to approach disputes with a broader perspective and without the strict constraints of traditional legal procedures.
Test: Conduct of Arbitral Proceeding: Section 19 of Arbitration and Conciliation Act - Question 6
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What distinguishes the requirement for arbitrators regarding the framing of specific issues from the process followed by courts under the Civil Procedure Code?
Detailed Solution for Test: Conduct of Arbitral Proceeding: Section 19 of Arbitration and Conciliation Act - Question 6
Unlike courts that generally adhere to the practice of framing specific issues before rendering a decision, arbitrators have the autonomy to address multiple claims or disputes collectively without being bound by such specific issue framing requirements. This distinction allows arbitrators to approach disputes with a more holistic perspective, potentially leading to more comprehensive and efficient resolutions.
Test: Conduct of Arbitral Proceeding: Section 19 of Arbitration and Conciliation Act - Question 7
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What principle dictates that an arbitrator's decision should not be challenged based on the use of documents that may not be admissible under the Evidence Act?
Detailed Solution for Test: Conduct of Arbitral Proceeding: Section 19 of Arbitration and Conciliation Act - Question 7
The principle of natural justice dictates that an arbitrator's decision cannot be contested solely on the grounds of utilizing documents that might not be admissible under the Evidence Act. This principle ensures that both parties are provided a fair hearing, and adequate time and opportunity to present their claims.
Test: Conduct of Arbitral Proceeding: Section 19 of Arbitration and Conciliation Act - Question 8
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In arbitration processes, what was underscored in the case of I.O.C. Ltd. vs. Devi Const. Engg. Contractors (2008) regarding an arbitrator's decision on the admissibility of a document?
Detailed Solution for Test: Conduct of Arbitral Proceeding: Section 19 of Arbitration and Conciliation Act - Question 8
In the case of I.O.C. Ltd. vs. Devi Const. Engg. Contractors (2008), it was highlighted that an arbitrator's choice to not exclude a document as inadmissible does not justify overturning the award. This emphasizes the final and binding nature of an arbitrator's decision in arbitration processes.
Test: Conduct of Arbitral Proceeding: Section 19 of Arbitration and Conciliation Act - Question 9
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What key factor restricts an arbitrator's authority in making decisions during arbitration proceedings?
Detailed Solution for Test: Conduct of Arbitral Proceeding: Section 19 of Arbitration and Conciliation Act - Question 9
An important factor that limits an arbitrator's authority is the requirement to uphold the principles of natural justice. This involves ensuring that both parties are given a fair hearing, adequate time, and opportunity to support their claims, irrespective of strict evidentiary rules.
Test: Conduct of Arbitral Proceeding: Section 19 of Arbitration and Conciliation Act - Question 10
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How does the case of J. Kaikobad vs. F. Khambatta (1930) contribute to understanding the arbitrator's obligations regarding the Evidence Act?
Detailed Solution for Test: Conduct of Arbitral Proceeding: Section 19 of Arbitration and Conciliation Act - Question 10
The case of J. Kaikobad vs. F. Khambatta (1930) contributes to understanding that arbitrators are not obligated to strictly adhere to the Evidence Act. This case clarifies that an arbitrator's decision cannot be challenged solely based on the use of documents that may not be admissible under the Act, showcasing their flexibility in considering evidence.
Test: Conduct of Arbitral Proceeding: Section 19 of Arbitration and Conciliation Act - Question 11
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What potential issues can arise when a court appoints an arbitrator without specifying fees?
Detailed Solution for Test: Conduct of Arbitral Proceeding: Section 19 of Arbitration and Conciliation Act - Question 11
When a court appoints an arbitrator without specifying fees, parties may feel pressured to agree to any fees proposed by the arbitrator, even if the fees are high or beyond their financial means. This situation can put parties in a difficult position, potentially influencing the outcome of the arbitration.
Test: Conduct of Arbitral Proceeding: Section 19 of Arbitration and Conciliation Act - Question 12
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What is a potential consequence if one party agrees to pay high fees suggested by the arbitrator?
Detailed Solution for Test: Conduct of Arbitral Proceeding: Section 19 of Arbitration and Conciliation Act - Question 12
If one party agrees to pay high fees suggested by the arbitrator, the other party may be unable to afford or reluctant to pay such fees, putting them in a difficult position. This imbalance in financial capabilities can impact the fairness and impartiality of the arbitration process.
Test: Conduct of Arbitral Proceeding: Section 19 of Arbitration and Conciliation Act - Question 13
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What duties are typically assigned to the tribunal in arbitration proceedings?
Detailed Solution for Test: Conduct of Arbitral Proceeding: Section 19 of Arbitration and Conciliation Act - Question 13
The duties of the tribunal in arbitration include conducting proceedings promptly, attending hearings, following the agreed procedure, and addressing all relevant issues. This ensures that the arbitration process is conducted efficiently and fairly for all parties involved.
Test: Conduct of Arbitral Proceeding: Section 19 of Arbitration and Conciliation Act - Question 14
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How can the acceptance of high fees by one party potentially affect the outcome of arbitration?
Detailed Solution for Test: Conduct of Arbitral Proceeding: Section 19 of Arbitration and Conciliation Act - Question 14
The acceptance of high fees by one party may lead to bias or prejudice in the arbitration process. This is because the financial imbalance created by one party agreeing to high fees can influence the decisions made during arbitration, potentially affecting the fairness and neutrality of the outcome.
Test: Conduct of Arbitral Proceeding: Section 19 of Arbitration and Conciliation Act - Question 15
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In the legal case of Spettigue vs. Carpenter (1735 PW), what crucial aspect arose when a party made a specific request to the arbitrator regarding the award process?
Detailed Solution for Test: Conduct of Arbitral Proceeding: Section 19 of Arbitration and Conciliation Act - Question 15
In the legal case of Spettigue vs. Carpenter (1735 PW), a crucial aspect emerged when a party requested the arbitrator to delay the award until certain concerns were addressed. Despite the proximity to the award deadline, the arbitrator proceeded without granting the request. This action led to significant consequences in the case.
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