Law Legal Studies

Alternative Dispute Resolution

2,014 Questions

Alternative Dispute Resolution (ADR) encompasses methods like arbitration, mediation, and compromise to resolve legal conflicts outside traditional courts. It emphasizes party autonomy, binding agreements, and specific proceedings for consumer and maritime disputes. ADR is a crucial topic in law studies and appears in various legal competitive examinations.

Arbitration agreementsMediation processesConflict resolution techniquesArbitration challenges

Alternative Dispute Resolution Questions

Multiple choice softskills leadership

arbiter

  1. feign

  2. revive

  3. person with power to decide a matter in dispute

  4. join together end to end to make one continuous length
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

An arbiter is a person appointed or empowered to judge and decide a disputed matter. Feigning means pretending, reviving means bringing back to life, and joining end-to-end describes concatenation.

Multiple choice

An international commercial arbitration is an arbitration where at least one of the parties is

  1. a body corporate incorporated in any country other than India

  2. a body of individuals whose central management and control is exercised in any country other than India

  3. the Government of a foreign country

  4. All of these
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Under Indian arbitration law, international commercial arbitration involves at least one foreign party. This includes foreign companies, foreign bodies of individuals, or foreign governments. Option D correctly captures all three categories of foreign participation.

Multiple choice

Which of the following is not an essential condition for an arbitration agreement as per Section 7 of the Arbitration and Conciliation Act, 1996?

  1. The agreement must be registered.

  2. The agreement must be to submit to arbitration all or certain disputes which have arisen or which may arise in respect of a defined legal relationship whether contractual or not.

  3. The arbitration agreement must be in writing.

  4. None of these
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Section 7 of the Arbitration and Conciliation Act, 1996 requires only two essential conditions: the agreement must be in writing, and it must cover disputes arising from a defined legal relationship. Registration is NOT a requirement for a valid arbitration agreement under Indian law.

Multiple choice

The term adjudication means

  1. decision by an arbitrator

  2. decision by a mediator

  3. decision given by a court

  4. decision by any person
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation including legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and obligations between the parties involved.

Multiple choice

In an arbitration between two parties before an arbitrator appointed by the chief justice of the high court (in exercise of powers under section 11 of the Arbitration and Conciliation Act, 1996), the rival parties have filed claims against each other. When the arbitration was at an advanced stage, the parties were of the opinion that the arbitration is likely to reject the claims/counter claims of both the parties. The parties jointly inform the arbitrator that they are not willing for arbitration before him and stop appearing before him. The parties thereafter

  1. are entitled to appoint another arbitrator and to start arbitration proceedings de novo

  2. are not entitled to a second round, the same being in contravention of public policy, prohibiting forum shopping

  3. are entiled to appoint another arbitrator but the discretion whether to commence the arbitration proceedings de novo or from the stage where left by the earlier arbitrator is of the arbitrator and not of the parties

  4. cannot themselves appoint the second arbitrator and are required to again approach the chief justice for appointement of another arbitrator
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

(4) The parties cannot themselves appoint the second arbitrator and are required to again approach the chief justice for appointement of another arbitrator.

Multiple choice

What is arbitration?

  1. Where cases are allocated to a particular track

  2. Where parties refer a dispute to a third party rather than going to court

  3. Where parties go to court

  4. Where parties agree which court to go to

  5. Either (1) or (2)

Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

(2) Arbitration is a process where parties refer a dispute to a third party rather than going to court.

Multiple choice

The conciliator in a conciliation proceeding

  1. shall not act as an arbitrator in any arbitral proceedings in respect of a dispute that is the subject matter of conciliation proceedings

  2. shall not act as counsel of a party in any judicial proceedings in respect of a dispute that is the subject matter of conciliation proceedings

  3. shall not present himself in any arbitral or judicial proceeding

  4. All of the above
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

(4) All are correct in relation to the acts of conciliator in conciliation proceedings.

Multiple choice

An arbitral award

  1. must be in writing

  2. may be an oral decision

  3. either (1) or (2) depending upon the circumstances of the case

  4. must be in writing and made on a stamp paper of prescribed value
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

(4) An arbitral award must be in writing and made on a stamp paper of prescribed value.

Multiple choice

An arbitration agreement providing for arbitration of four arbitrators is, under the Arbitration and Conciliation Act, 1996, to be construed as an agreement for arbitration by

  1. the sole arbitrator

  2. five arbitrators

  3. three arbitrators

  4. four arbitrators
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

(3) An arbitration agreement providing for arbitration of four arbitrators is, under the Arbitration and Conciliation Act, 1996, to be construed as an agreement for arbitration by three arbitrators.

Multiple choice

Find the ground(s) on which an arbitral award can be set aside.

  1. The arbitral award deals with a dispute falling within the terms of the submission to arbitration.

  2. The arbitral award is in conflict with public policy of India.

  3. The arbitral procedure was not in accordance with the agreement of the parties.

  4. All of the above

  5. None of above
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

(3) An arbitral award can be set aside on the ground that the arbitral procedure was not in accordance with the agreement of the parties.

Multiple choice

An arbitration agreement may be in the form of

  1. an arbitration clause in a contract

  2. a separate agreement

  3. Either (1) or (2)

  4. None of these
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

(3) An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement.

Multiple choice

Which of the following is the main objective of the Arbitration Act, 1996?

  1. To comprehensively cover international commercial arbitration

  2. To ensure that arbitral tribunal within the limits of a court’s jurisdiction

  3. To minimise the supervisory role of the courts in the arbitral process

  4. To minimise the burden of the courts
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

(4) To minimise the burden of the courts.

Multiple choice

An arbitration agreement may be in the form of an

  1. arbitration clause in a contract

  2. separate agreement

  3. Either (1) or (2)

  4. Both (1) and (2)
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

(3) An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of an separate agreement.