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Arbitration & Conciliation Act (Mains)

  • June 11, 2021
  • Zia Judicials
  • 0

ARBITRATION AND CONCILIATION ACT 

BIHAR & JHARKHAND JUDICIAL SERVICES
ARBITRATION AGREEMENT (SS. 7-9)

  1. Is an arbitration agreement discharged by death of a party? [B&JJS 1977]
  2. Explain the following:

  • Arbitration agreement,
  • Effects of legal proceeding on arbitration. [B&JJS 1978] 

  1. Can a Court order an arbitration agreement to be filed and refer to arbitration a dispute between the parties where there is no suit pending in the Court? What condition must be fulfilled to make such an order? [B&JJS 1979]
  2. Explain the powers of a Court to stay legal proceeding where there is an arbitration agreement in respect of the same subject matter. [B&JJS 1979]
  3. What do you understand by an arbitration agreement? Do you think that an oral arbitration agreement is also valid. [B&JJS 1986]
  4. In what manner can the parties refer their dispute to arbitration? [B&JJS 1987]
  5. When can an arbitrator be appointed pending a suit. [B&JJS 2000]
  6. What matters can be referred to an arbitrator? [B&JJS 2000] 
  7. Explain the provisions relating to disputes which can be referred to arbitration. [B&JJS 2011]
  8. What are the powers of court for granting interim relief to the parties in respect of arbitration? [B&JJS 2011]

COMPOSITION OF ARBITRAL TRIBUNAL (SS. 10-15)

  1. Advise B in the following cases:

  • The contract between A and B contains an arbitration clause. A dispute arises, but A refuses to nominate his nominee for the arbitration. 
  • When the nominees of A and B do not agree on the name of the Umpire. 
  • The Umpire gives his award against B without considering the opinion of C’s nominee. [B&JJS 1975]

  1. Answer the following:

  • Can the Court intervene in the appointment of a Arbitrator by a party?
  • Grounds for removing an Arbitrator. [B&JJS 1977]

  1. Explain the Removal of Arbitrators and Umpires. [B&JJS 1978] 
  2. What are the cases in which a Court may appoint an Arbitrator or an umpire. [B&JJS 1979] 
  3. (a) What are the powers of a Court to appoint arbitrators or umpire? What procedure must be followed for this purpose?

(b) What do you understand by the ‘misconduct’ of an arbitrator? Illustrate your answer. [B&JJS 1980]

  1. (a) Describe the circumstances under which the Court may appoint Arbitartor and remove an Arbitrator.

(b) Explain the functions of an Umpire. In what ways does he differ from Arbitrator. [B&JJS 1986]

  1. A dispute arose between the plaintiff and the defendant, and the matter was referred for arbitration to A. A happened to be the retained pleader of the plaintiff. But at the time of appointment this fact was not brought to the notice of the defendant. If you were the judge, would you set aside the award or make it a rule of the court? Give reasons. [B&JJS 1987] 
  1. Under what circumstances a Court may remove an Arbitrator? [B&JJS 1991]
  2. When can the arbitrator be appointed? Whether the arbitrator has power to pass an interim order? [B&JJS 2006] 
  3. Explain the grounds on which the appointment of an arbitrator can be challenged. [B&JJS 2011] 

JURISDICTION OF ARBITRAL TRIBUNALS (SS. 16-17)

  1. Explain the Powers of the arbitrators to make interim award. [B&JJS 1978] 
  2. State the procedure which must be followed by Arbitrators in disposing of a case referred to them by the parties. How is an award executed? [B&JJS 1984] 
  3. Examine the powers of an arbitrator to make an interim award. Can the award be challenged in a court of law? Discuss. [B&JJS 1987] 


MAKING OF ARBITRAL AWARD AND TERMINATION OF PROCEEDINGS (SS. 28-33)

  1. (a) Examine the powers of an Arbitrator to make an interim award. 

(b) When may the authority of an Arbitrator be revoked. [B&JJS 1984]

  1. Explain legal misconduct of an arbitrator. [B&JJS 2000]

RECOURSE AGAINST ARBITRAL AWARD (S. 34)

  1. Under what conditions the Court can order for removal of the Arbitrator and order the modification of an arbitration award? [B&JJS 1975] 
  2. Can the Court set aside and award under the Indian Arbitration Act where an award has been improperly procured or is otherwise invalid? [B&JJS 1975] 
  3. When can a Court modify, remit or set aside an Award? [B&JJS 1975]
  4. Answer the followings: 

  • Validity of an award delivered beyond the time fixed for making it. 
  • Validity of an award in excess of the terms of reference. [B&JJS 1977]

  1. When does the Court modify or correct an Award? [B&JJS 1978]
  2. State the grounds for setting aside an Award. [B&JJS 1979] 
  3. (a) There are only a few grounds on which an award of an arbitrator may be challenged in a Court of law. Discuss. 

(b) When may arbitrators give an interim award? Can it be challenged in a Court of law? Discuss. [B&JJS 1980]

  1. Examine the circumstances in which an arbitration award is set aside by the Court. [B&JJS 1986]
  2. Under what circumstances can the Court. 

  • modify the award? 
  • remit the award? [B&JJS 1987] 

  1. When an award given by an Arbitrator may be set aside by a Court? [B&JJS 1991]
  2. State the grounds for remitting an award. [B&JJS 1991] 
  3. Whether and under what circumstances parties to the arbitration proceedings can apply for setting aside the arbitral award? [B&JJS 2006] 
  4. Under what circumstances an arbitral award may be set aside by the court? 
    [B&JJS 2011]

FINALITY AND ENFORCEMENT OF ARBITRAL AWARDS (SS. 35-36)

  1. The decree in accordance with the award is final. Explain. [B&JJS 1975]
  2. Discuss the procedure to be adopted by an Arbitrator to file the Award in the court. [B&JJS 1978]
  3. When the Court may pass a judgement in terms of an award? [B&JJS 1991]
  4. What is the effect of an award? [B&JJS 2000]
  5. What is the effect of an award? Can the award be challenged in a court of law? Can the Court modify the award or remit the award? [B&JJS 2006]

BIHAR JUDICIAL SERVICES
ARBITRATION AGREEMENT (SS. 7-9)

  1. Discuss the conditions for and the power of the court to stay legal proceedings when there is an arbitration agreement between the parties. [BJS 2014]

COMPOSITION OF ARBITRAL TRIBUNAL (SS. 10-15)

  1. When and under what circumstances a court may exercise the power of appointment of an arbitrator or umpire? [BJS 2014] 

RECOURSE AGAINST ARBITRAL AWARD (S. 34)

  1. How far the provisions of the Limitation Act apply to the arbitration agreement under the Arbitration Act?  [BJS 2014] 

FINALITY AND ENFORCEMENT OF ARBITRAL AWARDS (SS. 35-36)

  1. When and how an award made by an arbitrator but not filed in the court can be formed into a decree of the court? If any party to the agreement objects to it, how shall the court proceed? [BJS 2014]

JHARKHAND JUDICIAL SERVICES
ARBITRATION AGREEMENT (SS. 7-9)

  1. Define an arbitration agreement. Distinguish between arbitration agreement and agreement for expert determination. [JJS 2014]

COMPOSITION OF ARBITRAL TRIBUNAL (SS. 10-15)

  1. Under the Arbitration and Conciliation Act, 1996, in case of dispute or disagreement between parties, who appoints arbitrator under Sec. 11 of the Act? [JJS 2001] 

MAKING OF ARBITRAL AWARD AND TERMINATION OF PROCEEDINGS (SS. 28-33)

  1. Can ex parte order may be passed by arbitrator? [JJS 2014]

RECOURSE AGAINST ARBITRAL AWARD (S. 34)

  1. Under the Arbitration and Conciliation Act, 1996: 

(A) Under which section can an award be set aside? [JJS 2001]

  1. Ram and Shyam agreed in writing to resolve the disputes arising out of their contract by way of arbitration to be done by a tribunal consisting of two arbitrators, one to be selected by each party. An award was passed by the tribunal on a dispute submitted by the parties. Ram challenged the award. Decide. [JJS 2014]
  2. Discuss the grounds for setting aside an arbitral award. [JJS 2014]

APPEALS UNDER ARBITRATION AND CONCILIATION ACT, 1996

  1. Under the Arbitration and Conciliation Act, 1996:
    • Under which section can an appeal be filed?
    • Is a further appeal from appealable order permissible? [JJS 2001]

RAJASTHAN JUDICIAL SERVICES
ARBITRATION AGREEMENT (SS. 7-9)

  1. In what case the court is bound to refer dispute for arbitration? [RJS 1986]
  2. What is an arbitration agreement? [RJS 1988] 

COMPOSITION OF ARBITRAL TRIBUNAL (SS. 10-15)

  1. What is the remedy if the parties do not agree to the nomination of an arbitrator? [RJS 1980-81] 
  2. What is meant by an arbitrator? [RJS 1992] 
  3. Describe the composition of Arbitral Tribunal under the Arbitration and Conciliation Act, 1996. [RJS 1999] 
  4. Briefly discuss the power of the court under Section 89 of Civil Procedure Code, 1908 and Section 8 of Arbitration and Conciliation Act, 1996 to refer parties to arbitration for settlement of the dispute. [RJS 2015]

MAKING OF ARBITRAL AWARD AND TERMINATION OF PROCEEDINGS (SS. 28-33)

  1. An award is filed by an arbitrator without giving notice in writing to the parties. Is it valid? [RJS 1988] 

RECOURSE AGAINST ARBITRAL AWARD (S. 34)

  1. Explain the power of court to modify an arbitration agreement. [RJS 1984]
  2. On what grounds can an award be challenged under Arbitration Act? [RJS 1994]

FINALITY AND ENFORCEMENT OF ARBITRAL AWARDS (SS. 35-36)

  1. Describe the procedure for enforcement of the Award of the Arbitrator. [RJS 1980-81]
  2. How can an arbitral award be enforced? [RJS 2011]
  3. Explain the difference in position in relation to provisions of ’Enforcement’ as provided under Section 36 of the Arbitration and Conciliation Act, 1996 prior to and after the amendment introduced by Arbitration and Conciliation (Amendment) Act, 2015. [RJS 2016]

APPEALS UNDER ARBITRATION AND CONCILIATION ACT, 1996

  1. Whether second appeal can be preferred against an order passed in appeal under the Arbitration and Conciliation Act, 1996? [RJS 2014]

MISCELLANEOUS

  1. Explain the merits and demerits of arbitration. [RJS 1980-81]
  2. Are the arbitration proceedings governed by the Code of Civil Procedure? [RJS 1980-81]
  3. What is the difference between a judgment rendered in a suit governed by the Code of Civil Procedure and the Award of an Arbitrator? [RJS 1980-81]
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