Objective questions - Arbitration and Conciliation Act-1996 (MCQs)-1st Set

The Arbitration and Conciliation Act 1996

1.Delay, unpredictability and cost are considered as three main enemies of efficient administration of justice.

a. yes
b. no
c. can not be said

2-The litigants are always interested in substantive justice and not procedural justice.

a. true
b. false
c. litigants want both procedural as well as substantive justice

3- Indian ADR system is based on the Common lawCommon law The legal system that originated in England and is now in use in the United States. It is based on court decisions rather than statutes passed by the legislature. system

a. false
b. true
c. mixed system of Civil and Common law system

4-ADR techniques include arbitration, conciliation, mediationMediation It includes a process (ICC Mediation Rule), whether referred to by the expression mediation, pre-litigation mediation, online mediation, community mediation, conciliation or an expression of similar import, whereby parties attempt to reach an amicable settlement of their dispute with the assistance of a third person referred to as mediator (Indian Law), who does not have the authority to impose a settlement upon the parties to the dispute. The process is private and confidential. The process ends when a settlement has, or has not, been reached. Read more and negotiation.

a. yes
b. no
c. yes, but LoK Adalat is also a type of ADR system

5-Arbitration can be ad-hoc, contractual, institutional or statutory

a. yes
b. no
c. No only contractual

MCQs on Crime and Criminology-2nd Set

6-In a contractual arbitration the jurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case. of courts can be completely ousted under 1996 Act

a. No
b. yes, statutory provisions can be ousted
c. yes, it can be partially ousted
d. Yes it can be ousted, but for enforcing the award interference of court is needed

7-Conciliation is a private, informal process in which a neutral third person helps disputing parties to reach an agreementContract An agreement enforceable by law is a contract. All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Indian Contract Act..

a. true
b. partially true
c. true up to the extent that a neutral third person helps disputing parties to reach an agreement

8- conciliator would independently investigate into the dispute and draft his report indicating the method of settlement of disputes.

a. True
b. false
c. The conciliator would take help from the disputing parties on the settlement of the method

9-Mediation can be termed as assisted negotiation

a. No
b. Yes
c. yes and the mediator plays the role of a facilitator in attaining cooperation between the parties to the dispute

10- Bargaining is a common feature of the negotiation process.

a. The negotiation process provides the parties an opportunity to exchange ideas, identify the irritant points of differences, find a solution, and get commitment from each other to reach an agreement.
b.Even if a third party negotiator is involved in the process of negotiation, his role would be limited to inducing the parties to the process of negotiation.
c.Mediators would have higher level of involvement in the settlement of disputes when compared to that of negotiators.
d. All are true
e. All are false

11- Lok Adalats have been given the powers of a civil court under the Code Civil Procedure.

a. Yes
b. No
c. yes, but with limited jurisdiction

12- The award made by the Lok Adalat is deemed to be a decree of the civil court like arbitration Award

a. No
b. yes

13- Section 75 of the Arbitration and Conciliation Act 1996 specifically provides for the confidentiality of all matters relating to the proceedings.

a. False
b. true
c. Parties can inspect the records like court proceeding

14- ” Court procedure is justice-oriented, whereas ADR’s merit also lies in the fact that the process is participatory and solution-oriented”.

a. Yes
b. No
c. there exist doubt on the given proposition

15- In Shakuntla Sawhney v. Kaushalaya Sawhney,[(1979) 3 SCR 232]the Supreme Court has observed that “Finest hour of justice is the hour of compromise when parties after burying the hatchet, re-unite by a reasonable and just compromise”
Whether this principle has been reflected in the ADR procedures mentioned in the Arbitration and Conciliation Act 1996?

a. Yes
b. No the above principle has nothing to do with Arbitration and Conciliation Act 1996
c. The above principle has been formulated for CPC and not for Arbitration and Conciliation Act 1996