Question Bank & Ans – Chief Law Assistant Selection Part 2

51. An arbitral award may be set aside by the court if:
Ans – D
A) The arbitral award is in conflict with the public policy of India
B) The subject-matter of dispute is not capable of settlement by
arbitration under the law for the time being in force
C) Both (A) and (B) are incorrect
D) Both (A) and (B) are correct.

52. An application for setting aside an arbitral award must be made by the
party after receiving the award within:

Ans – A
A) Three months
B) Thirty days
C) Ninety days
D) Forty days.

53. The delay in making an application for setting aside the arbitral award
under Section 34
Ans – B
A) Cannot be condoned
B) Can be condoned for a maximum period of 30 days
C) Can be condoned for a maximum period of 60 days
D) Can be condoned for a maximum period of 90 days.
54. For condonation of delay in making an application for setting aside the
arbitral award
Ans – A
A) Section 34 of the Act is complete in itself
B) Section 5 of the Limitation Act, 1963 is applicable
C) Both (A) and (B)
D) Neither (A) nor (B).
55. Delay in making an application for setting aside the arbitral award
Ans – B
A) Can be condoned under Section 5 of Limitation Act
B) Cannot be condoned by invoking Section 5 of Limitation Act
C) May be condoned under Section 5 of Limitation Act as per discretion
of the court
D) Only (A) and not (B) or (C).
56. The conciliation proceedings:
Ans – D
A) Can be used as evidence in any judicial proceedings
B) Can be used as evidence only in the arbitral proceedings
C) Can be used as evidence only on the discretion of the judge or
arbitrator
D) Cannot be used as evidence in any arbitral or judicial proceedings.
57. Conciliation proceedings shall commence:
Ans – B
A) When both the parties comes to a written agreement
B) When written invitation to conciliation is made to the other party
C) When both the parties agree for conciliation mutually
D) None of the above.
58. In Conciliation:
Ans – B
A) The parties come to settlement after the award of the conciliator
B) The parties come to a settlement without making of any award
by the conciliator
C) The parties come to any settlement only after the agreement ‘ of
settlement or conciliation is signed in front of the conciliator
D) All of the above.

59. The conciliator is required to be bound by
Ans – A
A) Principles of natural justice
B) Code of Criminal Procedure, 1973
C) Code of Civil Procedure, 1908
D) Both (A) and (C).

60. Conciliation proceedings shall be terminated

Ans – D
A) by signing of the settlement agreement by the parties, on the
date of agreement
B) by written declaration of the parties and the conciliator to
terminate the conciliation proceedings on the date of declaration
C) by written declaration of the parties addressed to the conciliator to the
effect that conciliation proceedings are terminated, on the date of
declaration
D All of the above

61. Under Arbitration and conciliation Act,1996 number of members
that can constitute Arbitral Tribunal is
Ans – D
A) One
B) Two
C) Three
D) Any odd number

62. Arbitral proceedings are deemed to have been commenced from the date:
Ans – D
A) Arbitral Tribunal is constituted
B) Claim statement is filed
C) Reply to claim statement is filed
D) Notice demanding arbitration is served on the other party
63. Arbitrator is a judge:
Ans – D
A) Chosen by parties
B) Appointed by court at the request of party
C) Named in the arbitration agreement
D) Any one of the above

64. Arbitral Tribunal is bound by:
Ans – D
A) CPC
B) Evidence Act
C) (A)&(B)
D) None of the above

65. Arbitral Tribunal can take
Ans – C
A) Only oral evidence
B) Only documentary evidence
C) Both oral and documentary evidence
D) No evidence can be take

66. Arbitral Tribunal is empowered to pass:
Ans – D
A) Interim order
B) Interim award
C) (A)or(B)
D) (A)&(B)

67. Under the Arbitration and conciliation Act, an Arbitral award will be
enforceable like a decree:
Ans – A
A) After expiry of 3 months
B) Immediately
C) After expiry of six months
D) It cannot be enforced.

68. Under Sec 31 (8) of A&C Act, the costs of Arbitral Tribunal can be fixed
by:

Ans – C
A) The parties
B) Courts
C) Arbitral Tribunal itself
D) None of the above

69. According to the arbitration Act, ‗waiver‘ means
Ans – A
A) To waive right to object
B) To waive right to claim
C) To waive right to appoint arbitrator
D) To waive right to defend claims
70. If the Arbitral Tribunal fails to conduct proceedings, it can be terminated:

Ans – D
A) By the claimant
B) By respondent
C) By the authority who appointed the Arbitral Tribunal
D) Court on an application by aggrieved party

71. If the Arbitral Tribunal consisting three members, the arbitral award passedshould be signed by

Ans – C
A) All the members
B) Presiding arbitrator
C) Majority of the members
D) Any of the above

72. Out of three, only two members have signed the award:
Ans – B
A) It is not valid
B) It is valid provided reasons for not signing by the third arbitrator are
recorded
C) It will be valid after obtaining 3rd member‘s signature
D) None of the above

73. If the parties are aggrieved of the costs and expenses fixed by the Arbitral Tribunal, they may approach civil court under:
Ans – C
A) Sec 34
B) Sec 37
C) Sec 39
D) Sec 21

74. As per the arbitration Act, the procedure to be followed by Arbitral
Tribunal by default will be
Ans – A
A) As agreed by parties
B) As decided by the tribunal
C) Court procedure
D) As decided by presiding arbitrator

75. Once Arbitral Tribunal parts with the final award:
Ans – B
A) No corrections are permitted
B) Typographical errors only can be rectified
C) any mistakes can be corrected
D) None of the above

76. Additional award means
Ans – D
A) There is no such definition
B) Award passed with respect to additional claims
C) Additional amounts for the same claims
D) Award for the claims omitted in the original award

77. Arbitral Tribunal can decide its own jurisdiction under
Ans – D
A) Sec 13
B) Sec 14
C) Sec 15
D) Sec 16.

78. If the appointed arbitrator is not possessing requisite qualifications,
then the aggrieved party has to file application under:
Ans – B
A) Sec 11
B) Sec 12
C) Sec 13
D) Sec 16

79. Under Arbitration and conciliation Act,1996 number of members that can constitute Arbitral Tribunal is
Ans – D
A) Only one
B) Two
C) Any even number
D) Any odd number

80. Under the Arbitration and Conciliation Act, 1996 an Arbitral award is
enforceable like a decree
Ans – D
A) After expiry of 3 months and 30 days
B) Where the time for making an application to set aside the arbitral
award has expired
C) An application to set aside the arbitral award is refused
D) B & C

81. The following is not an alternative dispute resolution mechanism
Ans – C
A) Arbitration
B) Lok adalat
C) Lokayukta
D) Conciliation

82. If the Arbitral Tribunal consisting of three members, out of three arbitrators, only two members have signed the award and the third arbitrator refused to sign the award: The Arbitration Award is

Ans – B

A) Not valid
B) It is valid provided reasons for not signing by the third arbitrator are
recorded
C) It will be valid only after obtaining 3rd member‘s signature
D) None of the above

83. Once Arbitration award is signed and sent to the parties
Ans – B
A) No corrections are permitted
B) Typographical errors only can be rectified
C) any mistakes can be corrected
D) None of the above

84. Competenz-Competenz rule is provided under
Ans – D
A) Sec 13
B) Sec 14
C) Sec 15
D) Sec 16

85.  In matters governed by the arbitration and consolidation act 1996, no
judicial authority shall intervene except where so provided in the Act. This
statement is :
Ans – A
A) True
B) False
C) Partially correct
D) None of the above

86. An arbitration clause maybe in the form of
Ans – C
A) An arbitration clause in a contract
B) In the form of a separate agreement
C) Either (A) or (B)
D) None of the above

87. Can a foreigner be appointed as an arbitrator in a domestic arbitration?
Ans – A
A) Yes
B) No
C) Cannot say
D) None of the above

88. If the claimant fails to submit his claim statement even after opportunities then, arbitral Tribunal:
Ans – B
A) Can decide the claims on the basis of record
B) Shall terminate the proceedings
C) Shall pass ex parte orders
D) Can do (A) or (B)

89. If the respondent do not come forward with the reply statement even after
repeated opportunities, Arbitral Tribunal:
Ans – B
A) Shall terminate the arbitral proceedings
B) Can decide claims on the basis of record available before it
C) Act as per a or b as he deems fit
D) Pass award based on claim

90. Mode fee structure of fees are rates of the arbitral tribunal is provided under
Ans – D
A) First Schedule of the Arbitration and Conciliation Act, 1996
B) Second Schedule of the Arbitration and Conciliation Act, 1996
C) Third Schedule of the Arbitration and Conciliation Act, 1996
D) Fourth Schedule of the Arbitration and Conciliation Act, 1996

91. Part III of the Arbitration and Conciliation Act, 1996 relates to

Ans – C
A) Domestic Arbitration
B) International Arbitration
C) Conciliation
D) Enforcement of Foreign Award

92. Arbitration and Conciliation Act, 1996 provides that

Ans – B
A) There shall be one conciliator
B) If parties agree, there shall be one, two or three conciliators
C) If parties agree, any number
D) Only A&B are correct

93. Which of the following statement is not correct regarding arbitral award
Ans – A
A) It may be either oral or in writing
B) If signed by majority members of the Tribunal it is sufficient
C) It can be challenged under Section 34 of the Arbitration and
Conciliation Act, 1996
D) It shall be enforced in accordance with CPC 1908 as if it were a
decree of a court

94. Arbitral Award
(i) Must be connected with the subject – matter of the dispute arbitrated
(ii) Must be founded on principle of trust

Ans – A
A) Only (i) is correct
B) Only (ii) is correct
C) Both (i) and (ii) are correct
D) Both (i) and (ii) are wrong

95. Private Arbitration is also described as.
Ans – B
A) Integral arbitration
B) Consensual arbitration
C) Domestic arbitration
D) None of the above

96. Statutory arbitration is
Ans – D
A) Imposed on the parties by operation of law
B) A compulsory arbitration
C) Where consent of the parties is not necessary
D) All of the above

97. The Arbitral Tribunal may arrange for administrative assistance by a
suitable .

Ans – C
A) Institution
B) Person
C) Either institution or person
D) Neither (A) nor (B)

98. The provision of Section 8, Arbitration and Conciliation Act, 1996 are —
Ans – A
A) Pre-emptory
B) Directory
C) Discretionary
D) Optional
99. Section 39 of the Arbitration and Conciliation Act, 1996 deals with

Ans – C
A) Costs of arbitration
B) Fees for the arbitrators
C) Unpaid costs of arbitration
D) None of the above

100. Foreign Award implies –
Ans – D
A) Where one of the parties is foreign national
B) Where the award is made in foreign country
C) Where subject matter deals with international trade
D) All of the above

Source – SOUTH CENTRAL RAILWAY

QUESTION BANK & ANS – CHIEF LAW ASSISTANT SELECTION PART 1

This entry was posted in 2 Railway Employee, 5 Question Paper / Bank, 6 Departmental Examination, Q Bank - Chief Law Asst., Railway Employee