Quiz - ADR

As per the Arbitration & Conciliation Act, the time period for completion of an arbitral proceedings is:

• 6 Months

• 1 year

• 1 year after the completion of the pleadings

• No Time Limit

Which of the following cases can be adjudicated through arbitration:

• Commercial Disputes

• Declaration Suits against the Government

• Criminal cases

• Matrimonial Cases

Which of the following explains the principles of separability:

• Even if a contract becomes null and void, the arbitration clause shall continue to exist.

• The arbitral tribunal has the power to decide its own competence of jurisdiction

• The form of ADR is separate from litigation

• None of these

The Supreme Court in Vidya Drolia v. Durga Trading Corporation laid down a four-fold test for arbitrability. Which of the following is NOT part of the test?

• Whether the dispute relates to rights in rem.

• Whether the dispute is expressly excluded by statute.

• Whether the dispute involves foreign parties.

• Whether the dispute involves fundamental public policy issues.

The Fifth and Seventh Schedule of the Arbitration & Conciliation Act are based on:

• CIArb Code of Professional and Ethical Conduct

• IBA Guidelines on Conflict of Interest

• ICC Rules of Arbitration

• None of the above

The mandate of an arbitrator may be terminated, and be substituted by another arbitrator, if:

• he becomes de facto unable to perform his functions

• he becomes de jure and unable to perform his functions

• for any other reasons, he fails to act without undue delay

• All

In Chloro Controls India Pvt. Ltd. v. Severn Trent Water Purification Inc., the Supreme Court of allowed non-signatories to be bound by an arbitration agreement under what circumstances?

• When the agreement forms part of a composite transaction

• There is no relationship of any party to another which is a signatory to the arbitration agreement

• When an arbitration clause is broadly worded

• Both A & B

Consider the following arbitration clause:

"If during the continuance of the partnership or at any time afterwards any dispute touching the partnership arises between the partners, the same shall be mutually decided by the partners or shall be referred for arbitration if the parties so determine."

Which of the following statements is correct regarding the enforceability of this clause?

• The clause is valid and enforceable as it binds the parties

• The clause is unenforceable as it does not specify the process for appointing an arbitrator.

• The clause is invalid because it is uncertain.

• It is valid as it mentions arbitration.

Fill in the blanks: A Party may challenge the arbitrator 's appointment within ______  from the date of the constitution of the AT or from the date he becomes aware of the such grounds.

• 30

• 15

• 90

• 60

The N.N. Global Mercantile Pvt. Ltd. v. Indo Unique Flame Ltd. judgment clarified that:

• Unstamped arbitration agreements are unenforceable under all circumstances.

• Stamping disputes fall under the court's jurisdiction.

• An unstamped arbitration agreement is void ab initio.

• An arbitration agreement’s enforceability is independent of stamping issues.