Your Answer : (Not Answered)

Correct Answer : D

All three pairs are correct, so the answer is A, B and C. Section 6 of the Arbitration and Conciliation Act, 1996 provides for administrative assistance, Section 8 gives the power to refer parties to arbitration where there is an arbitration agreement, and Section 11 deals with the appointment of arbitrators.

The options naming only A, only B and C, or only C leave out a correct pair, so the complete one is the keyed answer.

Your Answer : (Not Answered)

Correct Answer : D

The Indian Arbitration Act, 1899, the first formal statute on arbitration in India, was applicable to the presidency towns, which were Calcutta, Madras and Bombay. Of the places listed, Bombay is the presidency town.

Bangalore and Lucknow were not presidency towns, and Bengal was a Presidency, not a town; the town in Bengal was Calcutta. So Bombay is the only option that fits.

Your Answer : (Not Answered)

Correct Answer : A

Arbitral proceedings in India are governed by the Arbitration and Conciliation Act, 1996, which consolidates the law on domestic arbitration, international commercial arbitration, the enforcement of foreign arbitral awards and conciliation, and is based on the UNCITRAL Model Law.

There is no Arbitration and Conciliation Act of 1990, 1998 or 2000. The 1996 Act replaced the Arbitration Act, 1940 and was amended in 2015, 2019 and 2021, but its year stays 1996.

Your Answer : (Not Answered)

Correct Answer : D

Neither conclusion follows. The statements say that the arbitration agreement is dealt with in Section 7 of the 1996 Act and that the UNCITRAL Model Law was adopted on 21 June 1985. Conclusion I adds the number of articles in the Model Law and Conclusion II describes the purpose of the Model Law, and neither is stated or implied by the two statements.

The two conclusions add new information, however accurate it may be in itself, rather than deriving anything from the statements. In a statement and conclusion question a conclusion must be drawn from the statements, so the keyed answer is that neither follows.

Your Answer : (Not Answered)

Correct Answer : C

The Arbitration and Conciliation Act was passed in 1996. It consolidated and amended the law on domestic arbitration and international commercial arbitration and on the enforcement of foreign arbitral awards, and it is based on the UNCITRAL Model Law of 1985.

1985 is the year of the Model Law and not of the Indian Act. 1988 and 2002 are not the year in which the Act was passed, although the Act was later amended, for example in 2015, 2019 and 2021.

Your Answer : (Not Answered)

Correct Answer : A

The UNCITRAL Model Law on International Commercial Arbitration was adopted in 1985. It was designed to help States reform and modernise their arbitration laws, and it was amended in 2006, which is the year that appears among the options as a distractor.

2007 and 1999 are not the year of adoption. The model law served as the basis of India's Arbitration and Conciliation Act, 1996, which the Act's preamble itself acknowledges.

Your Answer : (Not Answered)

Correct Answer : D

UNCITRAL was established by the United Nations General Assembly in 1966, by resolution 2205 (XXI) of December 1966, to promote the progressive harmonisation and unification of the law of international trade.

The other years are distractors. 1996 is the year in which UNCITRAL's Model Law on Electronic Commerce was adopted, and 1956 and 1995 are not associated with its foundation, so only 1966 is the year of establishment.

Your Answer : (Not Answered)

Correct Answer : A

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, adopted in 1958, is commonly known as the New York Arbitration Convention, after the place where the United Nations conference adopted it. India is a party and Part II of the Arbitration and Conciliation Act, 1996 gives it effect.

The Tokyo, New Delhi and Vienna labels in the other options are not the usual name of this treaty; Vienna is associated with other conventions, such as the one on the law of treaties and the one on the international sale of goods.

Your Answer : (Not Answered)

Correct Answer : B

The tribunal must have regard to the circumstances of the case, including the convenience of the parties.

Section 20(1) of the Arbitration and Conciliation Act, 1996 lets the parties agree on the place of arbitration. Section 20(2) provides that, failing agreement, the place shall be determined by the arbitral tribunal having regard to the circumstances of the case, including the convenience of the parties. Section 20(3) adds that the tribunal may still meet at any place it considers appropriate for consultation, hearing witnesses or inspecting property.

The place of execution of the contract and the location of the subject-matter may be relevant circumstances, but neither is the test, and the jurisdiction of a civil court does not decide the seat.

Your Answer : (Not Answered)

Correct Answer : D

A court may intervene when the Act expressly permits such intervention.

Section 5 of the Arbitration and Conciliation Act, 1996 says that, notwithstanding anything in any other law, in matters governed by Part I no judicial authority shall intervene except where so provided in that Part. Examples are interim measures under Section 9, appointment of arbitrators under Section 11, and setting aside an award under Section 34.

A procedural complaint without a specific provision, the parties' joint wish for court supervision, or the court's view that the award is unjust on facts are not routes the Act provides. Courts do not re-appreciate facts in arbitral matters.

Your Answer : (Not Answered)

Correct Answer : A

The tribunal shall continue the proceedings without treating such failure as an admission.

Section 25(b) of the Arbitration and Conciliation Act, 1996 provides that if the respondent fails to communicate his statement of defence without sufficient cause, the arbitral tribunal shall continue the proceedings without treating that failure in itself as an admission of the claimant's allegations, and may in its discretion treat the respondent's right to file the defence as forfeited.

Treating the allegations as admitted or the claim as uncontroverted is exactly what the section forbids. Termination is the consequence under Section 25(a), when the claimant fails to file his statement of claim.

Your Answer : (Not Answered)

Correct Answer : A

Both Statements I and II are true.

Section 16(1) of the Arbitration and Conciliation Act, 1996 embodies the principle of kompetenz-kompetenz: the arbitral tribunal may rule on its own jurisdiction, including objections about the existence or validity of the arbitration agreement. That is Statement I.

Section 16(2) requires a plea that the tribunal lacks jurisdiction to be raised not later than the submission of the statement of defence, and Section 16(4) lets the tribunal admit a later plea if it considers the delay justified. Statement II combines those two sub-sections accurately.

So no option that treats either statement as false is correct.