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Judiciary Exams Exam  >  Judiciary Exams Tests  >  Test: Conduct of Arbitral Proceeding: Section 25 of Arbitration and Conciliation Act - Judiciary Exams MCQ

Test: Conduct of Arbitral Proceeding: Section 25 of Arbitration and Conciliation Act - Judiciary Exams MCQ


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10 Questions MCQ Test - Test: Conduct of Arbitral Proceeding: Section 25 of Arbitration and Conciliation Act

Test: Conduct of Arbitral Proceeding: Section 25 of Arbitration and Conciliation Act for Judiciary Exams 2024 is part of Judiciary Exams preparation. The Test: Conduct of Arbitral Proceeding: Section 25 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 25 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 25 of Arbitration and Conciliation Act below.
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Test: Conduct of Arbitral Proceeding: Section 25 of Arbitration and Conciliation Act - Question 1
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What action may an arbitral tribunal take if the claimant fails to communicate their statement of claim in accordance with the specified section?

Detailed Solution for Test: Conduct of Arbitral Proceeding: Section 25 of Arbitration and Conciliation Act - Question 1
In this scenario, if the claimant fails to communicate their statement of claim as required, the arbitral tribunal is empowered to terminate the proceedings. This termination is in line with the default provisions outlined in the Arbitration and Conciliation Act. It is crucial for parties in arbitration to adhere to the procedural requirements to ensure a fair and effective resolution process.
Test: Conduct of Arbitral Proceeding: Section 25 of Arbitration and Conciliation Act - Question 2
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In what situation can an arbitral tribunal proceed ex parte and issue a legal award without the presence of a party?

Detailed Solution for Test: Conduct of Arbitral Proceeding: Section 25 of Arbitration and Conciliation Act - Question 2
An arbitral tribunal can proceed ex parte and issue a legal award if a party does not appear on an adjourned date despite being duly notified by the arbitrator. This process ensures that the arbitration can move forward even in the absence of one of the parties. The concept of proceeding ex parte is essential in maintaining the efficiency and continuity of the arbitration process.
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Test: Conduct of Arbitral Proceeding: Section 25 of Arbitration and Conciliation Act - Question 3
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What can a party do to challenge an ex parte award issued by an arbitral tribunal?

Detailed Solution for Test: Conduct of Arbitral Proceeding: Section 25 of Arbitration and Conciliation Act - Question 3
To challenge an ex parte award issued by an arbitral tribunal, a party can demonstrate sufficient cause for their non-appearance before the arbitrator. By providing valid reasons for their absence, the party can seek to have the ex parte award set aside. This process ensures that parties are given a fair opportunity to be heard and participate in the arbitration proceedings.
Test: Conduct of Arbitral Proceeding: Section 25 of Arbitration and Conciliation Act - Question 4
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In what circumstance is an arbitrator considered functus officio according to legal precedent?
Detailed Solution for Test: Conduct of Arbitral Proceeding: Section 25 of Arbitration and Conciliation Act - Question 4
An arbitrator is considered functus officio once they have signed the award. This legal principle dictates that once the arbitrator has finalized and signed the award, their authority to make changes or corrections to the award is restricted. Even minor errors in the award cannot be altered by the arbitrator after it has been signed, highlighting the finality and binding nature of arbitral awards.
Test: Conduct of Arbitral Proceeding: Section 25 of Arbitration and Conciliation Act - Question 5
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What is the legal status of an ex parte award when a party fails to appear despite a warning by the arbitrator in the hearing minutes?
Detailed Solution for Test: Conduct of Arbitral Proceeding: Section 25 of Arbitration and Conciliation Act - Question 5
In cases where a party does not appear despite being duly notified by the arbitrator that the hearing will proceed ex parte, the resulting ex parte award is considered legally valid. This legal principle underscores the importance of parties participating in arbitration proceedings and the consequences of non-appearance.
Test: Conduct of Arbitral Proceeding: Section 25 of Arbitration and Conciliation Act - Question 6
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What recourse does a party have if they were absent during the arbitration due to a valid reason?
Detailed Solution for Test: Conduct of Arbitral Proceeding: Section 25 of Arbitration and Conciliation Act - Question 6
If a party can demonstrate a valid reason for their non-appearance before the arbitrator, the court has the authority to set aside the ex parte award. This provision ensures that parties are given fair opportunities to present their case and participate in the arbitration process.
Test: Conduct of Arbitral Proceeding: Section 25 of Arbitration and Conciliation Act - Question 7
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In what scenario was an arbitrator justified in proceeding ex parte against a party, as exemplified in the case of State of U.P. vs. Combined Chemicals (2011)?
Detailed Solution for Test: Conduct of Arbitral Proceeding: Section 25 of Arbitration and Conciliation Act - Question 7
The case of State of U.P. vs. Combined Chemicals (2011) highlights a situation where the arbitrator was deemed justified in proceeding ex parte against a party. This decision was based on the party's failure to secure a stay order from the appellate court after seeking an adjournment, leading to their prolonged absence from the arbitral proceedings.
Test: Conduct of Arbitral Proceeding: Section 25 of Arbitration and Conciliation Act - Question 8
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What action is an arbitrator precluded from taking once an award has been signed, according to the ruling in Mordue vs. Parmer (1871)?
Detailed Solution for Test: Conduct of Arbitral Proceeding: Section 25 of Arbitration and Conciliation Act - Question 8
The case of Mordue vs. Parmer (1871) established that once an arbitrator has signed an award, they are legally prohibited from altering it, even to rectify minor errors. This principle underscores the finality and binding nature of arbitration awards, emphasizing the importance of careful deliberation and accuracy in the arbitration process.
Test: Conduct of Arbitral Proceeding: Section 25 of Arbitration and Conciliation Act - Question 9
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In the case of Mohan Singh vs. International Authority of India (1997), what did the Supreme Court observe about the word "shall" in legislative context?
Detailed Solution for Test: Conduct of Arbitral Proceeding: Section 25 of Arbitration and Conciliation Act - Question 9
The Supreme Court's observation in the case of Mohan Singh vs. International Authority of India (1997) highlights that the interpretation of the word "shall" in legislative contexts is not always straightforward. While "shall" may prima facie appear mandatory, its interpretation should consider the legislative intent, the nature of the statute, and the consequences of different constructions. This underlines the complexity of legal language and the importance of analyzing statutes comprehensively to understand their true implications.
Test: Conduct of Arbitral Proceeding: Section 25 of Arbitration and Conciliation Act - Question 10
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What action can an arbitral tribunal take if a party fails to communicate their statement of claim in accordance with the Arbitration and Conciliation Act?
Detailed Solution for Test: Conduct of Arbitral Proceeding: Section 25 of Arbitration and Conciliation Act - Question 10
In cases where the claimant fails to communicate their statement of claim as required by the Act, the arbitral tribunal has the authority to terminate the proceedings. This termination is a significant consequence of the party's failure to adhere to the procedural requirements, emphasizing the importance of timely and proper communication of claims in arbitration proceedings.
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