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.

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Alternative Dispute Resolution Questions

Multiple choice

Which of the following is an example of a public policy that may be invoked to set aside an arbitration award?

  1. A policy against discrimination.

  2. A policy against environmental pollution.

  3. A policy against monopolies.

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

All of these policies are examples of public policies that may be invoked to set aside an arbitration award.

Multiple choice

What is the effect of setting aside an arbitration award?

  1. The award becomes null and void.

  2. The parties are restored to their original positions.

  3. The dispute is referred back to arbitration.

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

Setting aside an arbitration award has all of these effects.

Multiple choice

What are the consequences of challenging an arbitration award on the ground that it is contrary to public policy?

  1. The award may be set aside.

  2. The award may be modified.

  3. The award may be enforced.

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

If a court finds that an arbitration award is contrary to public policy, it may set aside the award.

Multiple choice

Can parties agree to exclude the application of public policy to their arbitration agreement?

  1. Yes.

  2. No.

  3. It depends on the circumstances.

  4. None of the above.
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Parties cannot agree to exclude the application of public policy to their arbitration agreement. This is because public policy is a fundamental principle of law that cannot be waived by the parties.

Multiple choice

What factors do courts consider when reviewing arbitration awards for public policy violations?

  1. The nature of the public policy at issue.

  2. The clarity of the public policy.

  3. The importance of the public policy.

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

Courts consider all of these factors when reviewing arbitration awards for public policy violations.

Multiple choice

What is the relationship between arbitration and public policy in India?

  1. Arbitration is a creature of public policy.

  2. Public policy is a creature of arbitration.

  3. Arbitration and public policy are independent of each other.

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

Arbitration is a creature of public policy because it is a method of resolving disputes that is recognized and supported by the law.

Multiple choice

How does public policy affect the enforcement of arbitration awards in India?

  1. Public policy can be used to set aside arbitration awards.

  2. Public policy can be used to modify arbitration awards.

  3. Public policy can be used to enforce arbitration awards.

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

Public policy can be used to set aside, modify, or enforce arbitration awards in India.

Multiple choice

What is the term used to describe the process of negotiating and compromising to form an alliance?

  1. Bargaining

  2. Conciliation

  3. Mediation

  4. Arbitration
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Bargaining is the process of negotiation and compromise employed by parties seeking to form an alliance. It involves exchanging concessions and finding mutually acceptable terms to establish a cooperative relationship.

Multiple choice

Which of the following is not an ADR institution in India?

  1. Arbitration

  2. Mediation

  3. Conciliation

  4. Litigation
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Litigation is a process of resolving disputes through the courts, while arbitration, mediation, and conciliation are all ADR institutions.

Multiple choice

The Arbitration and Conciliation Act, 1996, provides for the establishment of which of the following?

  1. Arbitration tribunals

  2. Mediation centers

  3. Conciliation boards

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

The Arbitration and Conciliation Act, 1996, provides for the establishment of arbitration tribunals, mediation centers, and conciliation boards.

Multiple choice

Which of the following is not a method of ADR?

  1. Arbitration

  2. Mediation

  3. Conciliation

  4. Negotiation
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Negotiation is a process of resolving disputes through direct communication between the parties, while arbitration, mediation, and conciliation are all ADR institutions.

Multiple choice

Which of the following is not a type of ADR?

  1. Arbitration

  2. Mediation

  3. Conciliation

  4. Litigation
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Litigation is a process of resolving disputes through the courts, while arbitration, mediation, and conciliation are all ADR institutions.

Multiple choice

The Arbitration and Conciliation Act, 1996, provides for the establishment of which of the following?

  1. Arbitration tribunals

  2. Mediation centers

  3. Conciliation boards

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

The Arbitration and Conciliation Act, 1996, provides for the establishment of arbitration tribunals, mediation centers, and conciliation boards.

Multiple choice

Which of the following is not a method of ADR?

  1. Arbitration

  2. Mediation

  3. Conciliation

  4. Negotiation
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Negotiation is a process of resolving disputes through direct communication between the parties, while arbitration, mediation, and conciliation are all ADR institutions.

Multiple choice

Which of the following is not a type of ADR?

  1. Arbitration

  2. Mediation

  3. Conciliation

  4. Litigation
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Litigation is a process of resolving disputes through the courts, while arbitration, mediation, and conciliation are all ADR institutions.