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Test: Conduct of Arbitral Proceeding: Section 18 of Arbitration and Conciliation Act - Judiciary Exams MCQ


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10 Questions MCQ Test - Test: Conduct of Arbitral Proceeding: Section 18 of Arbitration and Conciliation Act

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Test: Conduct of Arbitral Proceeding: Section 18 of Arbitration and Conciliation Act - Question 1

What is a fundamental requirement of a fair hearing as per the principles of natural justice?

Detailed Solution for Test: Conduct of Arbitral Proceeding: Section 18 of Arbitration and Conciliation Act - Question 1

According to the principles of natural justice, a fundamental requirement for a fair hearing is that each party must receive notice of the hearing's place, date, and time. This ensures that all parties involved are aware of the proceedings and have the opportunity to prepare and participate effectively.

Test: Conduct of Arbitral Proceeding: Section 18 of Arbitration and Conciliation Act - Question 2

In the case of O'Reily vs. Mackman (1983), what did Lord Diplock emphasize regarding the importance of a fair hearing?

Detailed Solution for Test: Conduct of Arbitral Proceeding: Section 18 of Arbitration and Conciliation Act - Question 2
In the case of O'Reily vs. Mackman (1983), Lord Diplock stressed the significance of the right to hear and respond to allegations in any legal system. This underscores the critical nature of allowing individuals to address and counter arguments and accusations made against them, ensuring a fair and just legal process.
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Test: Conduct of Arbitral Proceeding: Section 18 of Arbitration and Conciliation Act - Question 3

Which principle applies when addressing the appearance or possibility of injustice?

Detailed Solution for Test: Conduct of Arbitral Proceeding: Section 18 of Arbitration and Conciliation Act - Question 3

The principle 'Nemo Judex in Causa Sua Potest' is applicable when dealing with the appearance or possibility of injustice. This principle, which translates to "no one can be a judge in his own cause," highlights the importance of impartiality and avoiding conflicts of interest in legal proceedings to ensure fairness and integrity.

Test: Conduct of Arbitral Proceeding: Section 18 of Arbitration and Conciliation Act - Question 4
What did the case of O'Reily vs. Mackman (1983) underscore regarding the right to a fair hearing?
Detailed Solution for Test: Conduct of Arbitral Proceeding: Section 18 of Arbitration and Conciliation Act - Question 4
The case of O'Reily vs. Mackman (1983) highlighted that the right to a fair hearing encompasses the crucial aspect of being able to hear and respond to allegations. This right ensures that individuals are given the opportunity to address and refute any claims or accusations made against them, promoting a just and equitable legal process.
Test: Conduct of Arbitral Proceeding: Section 18 of Arbitration and Conciliation Act - Question 5

What is a key principle that arbitrators must adhere to?

Detailed Solution for Test: Conduct of Arbitral Proceeding: Section 18 of Arbitration and Conciliation Act - Question 5

Arbitrators are not bound by technical rules but must adhere to principles of natural justice. This principle dictates that affected parties should have the right to be present during evidence presentation, suggest cross-examination, and respond to evidence. It ensures a fair process for all parties involved.

Test: Conduct of Arbitral Proceeding: Section 18 of Arbitration and Conciliation Act - Question 6
In the context of arbitration proceedings, what could lead to the invalidation of an arbitral award by the court?
Detailed Solution for Test: Conduct of Arbitral Proceeding: Section 18 of Arbitration and Conciliation Act - Question 6
If there are any issues or mishandling by the arbitrator during the arbitration proceedings, the court has the authority to invalidate the arbitral award. The arbitrator plays a crucial judicial role and must adhere to principles of equity and good conscience to ensure a fair process for all parties involved.
Test: Conduct of Arbitral Proceeding: Section 18 of Arbitration and Conciliation Act - Question 7
What action may an arbitrator take if a party fails to participate in arbitral proceedings despite being notified?
Detailed Solution for Test: Conduct of Arbitral Proceeding: Section 18 of Arbitration and Conciliation Act - Question 7
If a party fails to participate in arbitral proceedings despite being notified, the arbitrator may proceed ex-parte, meaning the proceedings continue with only one party present. However, this should not violate the principles of natural justice and must ensure a fair process for all involved.
Test: Conduct of Arbitral Proceeding: Section 18 of Arbitration and Conciliation Act - Question 8
According to the principles of arbitration by Mustil and Boyd, what is essential for ensuring fairness in the arbitration process?
Detailed Solution for Test: Conduct of Arbitral Proceeding: Section 18 of Arbitration and Conciliation Act - Question 8
According to the principles of arbitration by Mustil and Boyd, it is essential that each party is given a fair chance to present their case. This includes understanding and challenging each other's cases, along with providing equal treatment to all parties in presenting and examining their arguments.
Test: Conduct of Arbitral Proceeding: Section 18 of Arbitration and Conciliation Act - Question 9

What is a crucial factor that can make irregular procedures acceptable in arbitration?

Detailed Solution for Test: Conduct of Arbitral Proceeding: Section 18 of Arbitration and Conciliation Act - Question 9

Irregular procedures in arbitration, such as obtaining information from one party in the absence of others, can be considered acceptable if all parties involved, including any legal guardians, consent to such procedures. This highlights the significance of obtaining consent from all relevant parties to ensure fairness and legitimacy in the arbitration process.

Test: Conduct of Arbitral Proceeding: Section 18 of Arbitration and Conciliation Act - Question 10
In what case was it noted that a minor's guardian cannot waive the minor's right to object to irregular procedures without proper consent?
Detailed Solution for Test: Conduct of Arbitral Proceeding: Section 18 of Arbitration and Conciliation Act - Question 10
The case of Chintalapudi Sanyasirao vs. Chintalapudi Venkatrao (1923) highlighted that a minor's guardian cannot waive the minor's right to object to irregular procedures without proper consent. This underscores the importance of ensuring that all parties, including minors and their guardians, are fully informed and provide consent in arbitration proceedings to uphold fairness and legality.
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