Alternative Dispute Resolution Questions and Answers

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.

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.

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.

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.

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.