MCQ 29 November 2023

Daily Static MCQs for Judiciary Prelims Exams - (29 November 2023)



Question/ Answer
Question1:- The parties can agree on a procedure for challenging the arbitrator as per Section 13 of the Arbitration and Conciliation Act 1996 but failing to agree on such procedure as per Section 13(1) of the Act
  • 1. a party who intends to challenge an arbitrator shall, within twenty days after becoming aware of the constitution of the arbitral tribunal or after becoming aware of any circumstances referred to in sub-section (3) of section 12, give reasons for the challenge to the arbitral tribunal in the open court.
  • 2. a party who intends to challenge an arbitrator shall, within thirty days after becoming aware of the constitution of the arbitral tribunal or after becoming aware of any circumstances referred to in sub-section (3) of section 12, give a statement of the reasons for the challenge to the arbitral tribunal.
  • 3. a party who intends to challenge an arbitrator shall, within fifteen days after becoming aware of the constitution of the arbitral tribunal or after becoming aware of any circumstances referred to in sub-section (3) of section 12, send a written statement of the reasons for the challenge to the arbitral tribunal.
  • 4. a party who intends to challenge an arbitrator shall, within fourty-five days after becoming aware of the constitution of the arbitral tribunal or after becoming aware of any circumstances referred to in sub-section (3) of section 12, give a written statement for the challenge to the arbitral tribunal.
Answer is 3 is correct. As per Section 13(2) of the Act a party who intends to challenge an arbitrator shall, within fifteen days after becoming aware of the constitution of the arbitral tribunal or after becoming aware of any circumstances referred to in sub- section (3) of section 12, send a written statement of the reasons for the challenge to the arbitral tribunal.
Question2:- Objection as to arbitral tribunal to rule on its own jurisdiction including ruling on any objections with respect to the existence or validity of the arbitration agreement can be raised
  • 1. Not later than the submission of the statement of defence; however a party may not be precluded from raising such a plea merely because that he has appointed, or participated in the appointment of, an arbitrator
  • 2. Before the submission of the statement of defence; though a party shall be precluded from raising such a plea as he has participated in the appointment of, an arbitrator
  • 3. After the submission of the statement of defence; however, a party shall not be precluded from raising such a plea merely because that he has appointed, or participated in the appointment of, an arbitrator
  • 4. Not later than the submission of the statement of defence; however, a party shall not be precluded from raising such a plea merely because that he has appointed, or participated in the appointment of, an arbitrator
Answer is 4 is correct. As per Section 16(2) a plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defence; however, a party shall not be precluded from raising such a plea merely because that he has appointed, or participated in the appointment of, an arbitrator.
Question3:- Mark the incorrect statement
  • 1. The arbitral tribunal shall be bound by the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872
  • 2. The parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting its proceedings.
  • 3. The power of the arbitral tribunal under sub-section (3) includes the power to determine the admissibility, relevance, materiality and weight of any evidence.
  • 4. All are correct
Answer is 1 is correct. As per Section 19 which talks about determination of rules of procedure, Clause (1) states that the arbitral tribunal shall be bound by the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872.
Question4:- Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence
  • 1. on the date on which a request for that dispute to be referred to arbitration is received by the arbitral tribunal
  • 2. on the date on which a request for that dispute to be referred to arbitration is received by the respondent
  • 3. on the date on which a notice for that dispute to be referred to arbitration is received by the respondent
  • 4. on the date on which a notice for that dispute to be referred to arbitration is received by the arbitral tribunal
Answer is 2 is correct. As per Section 21 of the Act which states when the arbitral proceedings does commences, it commences on the date on which a request for that dispute to be referred to arbitration is received by the respondent
Question5:-Mark the incorrect statement
  • 1. Within the period of time agreed upon by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting his claim, the points at issue and the relief or remedy sought, and the respondent shall state his defence in respect of these particulars, unless the parties have otherwise agreed
  • 2. The respondent, in support of his case, may also submit a counterclaim or plead a set- off, which shall be adjudicated upon by the arbitral tribunal
  • 3. Only applicant can amend or supplement his claim or defence during the course of the arbitral proceedings, unless the arbitral tribunal considers it inappropriate to allow the amendment or supplement having regard to the delay in making it
  • 4. All are incorrect
Answer is 3 is correct. As per Section 23 of the Act all the statement except option (c) is correct. Section 23(3) states unless otherwise agreed by the parties, either party may amend or supplement his claim or defence during the course of the arbitral proceedings.
Question6:- The statement of claim and defence under____ of Arbitration and Conciliation Act shall be completed
  • 1. Within 12 months from the date the arbitrator or all the arbitrators as the case may be received notice, in writing, of their appointment as per Section 23(4A)
  • 2. Within 6 months from the date the arbitrator or all the arbitrators as the case may be received notice, in writing, of their appointment as per Section 23(4)
  • 3. Within 12 months from the date the arbitrator or all the arbitrators as the case may be received notice, in writing, of the application of arbitration agreement as per Section 23(3A)
  • 4. Within 6 months from the date the arbitrator or all the arbitrators as the case may be received notice, in writing, of the application of arbitration agreement as per Section 23(4)
Answer is 2 is correct. As per Section 23(4) Inserted through 2019 Act, states the statement of claim and defence shall be completed within 6 months from the date the arbitrator or all the arbitrators as the case may be received notice, in writing, of their appointment.
Question7:- Under which provision of Arbitration and Conciliation Act provision of expert evidence as provided under Section 45 of Indian Evidence Act is inculcated
  • 1. Section 25
  • 2. Section 26
  • 3. Section 27
  • 4. No such provision is there in the Act
Answer is 2 is correct. As per Section 26(1)(a) of the Act, unless otherwise agreed by the parties, the arbitral tribunal may appoint one or more experts to report to it on specific issues to be determined by the arbitral tribunal.

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