A & C ARBITRATION AGREEMENT ,Chapter ll (Section 7-9)

Welcome to your A & C ARBITRATION AGREEMENT ,Chapter ll (Section 7-9)

'X' Ltd ' terminates its contract with 'Mr. Y' which contained an arbitration clause. Which of these propositions is wrong ?

The arbitration clause pershes once the contact is terminated .

The arbitration clause survives even if the contact is terminated .

The arbitration process may be invoked even after the contract is terminated.

Section 16(1) (a) of the Arbitarion & Conciliation Act, 1996 saves the arbitration clause.

Since under the Indian contract law any agreement to refer disputes to arbitration can also be oral. is this statement true or false ?

True. Since a dispute resolution mechanism in an oral contract, must necessarily be oral.

True. Since the entire purpose of arbitration law is to provide an alternate dispute resolution process, there is no formality that an arbitration agreement must be in writing .

False . Section 7 of the Arbitration & Conciliation Act, 1996 mandates that an arbitration agreement must be in writing .

True . But an oral arbitration agreement has to be first proved independently before disputes can be referred to arbitration under it.

An arbitration agreement is in writing if it is contained in:

an exchange of letters, telex, fax, mail or other means of telecommunication, which provide a record of the agreement .

an exchange of the statements of claim and defence in which the existence of the agreement is alleged one party and not denied by other .

a document signed by the parties.

All the above are correct.

Which amongst the following would not amount to an 'arbitration agreement' under section 7 of the Arbitration and Conciliation Act, 1996 ?

An arbitartion agreement arrived at by exchange of letters which provide a record of the agreement .

An exchange of statement of claims and defence in which existence of arbitration agreement is acknowledged is alleged by one party and not denied by the other.

A document containing an arbitration agreement, which is acknowledged by the parties through Whatsapp .

An agreement which reuires the parties to further consent before making a reference to arbitration.

Which provision of the Arbitration and Conciliation Act mandates that Arbitration Agreement shall be in writing?

Section 7

Section 3

Section 8

Section 11

A party seeking interim measures from a Court would file an application under :

Section 8 of the Arbitration and Conciliation Act

Section 9 of the Arbitration and Concilition Act

Section 11 of the Arbitration and Conciliation Act

Section 17 of the Arbitration and Conciliation Act

Reference to the arbitration is provided in which section of the Arbitration and Conciliation Act,1996

Section 7

Section 8

Section 9

Section 10

According to Section 7(4) of the Arbitration and Conciliation Act, an arbitration agreement is in writing if it is contained in-

a document signed by the parties

an exchange of letters, telex, telegrams or other means of telecommunication which provide a record of the agreement

an exchange of statements of claim and defence in which the existence of the agreement is alleged by one party and not denied by the other

All of the above

Which of the following disputes can be adjudicated upon through arbitration ?

Arising out of legal relations

Arising out of contractual relations

Arising out of commercial relations

All of the above

Principle of "accord and satisfaction" :

applies to an arbitration agreement.

does not apply to a valid agreement .

applies when the parties are not related.

applies to an " agreement" signed by a minor.

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

The agreement must be registered.

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 .

The arbitration agreement must be in writing.

None of these

The "Arbitral Award" as defined in the Arbitration and Conciliation Act, 1996 includes:

final award

interim award

both final and interim award

None of these

An arbitration agreement provides for arbitration under the Arbitration and Conciliation Act,1996 by two arbitratiors, one to be appointed by each party

the arbitration agreement is void.

the arbitration agreement is of arbitration by three arbitrators with the third arbitrator to be appointed by the court.

the arbitration agreement is of arbitration by one arbitrator ,either to be appointed jointly by the two parties and if no by the court.

the arbitration agreement will be enforced as it is.

The Court is

empowered to grant interim measures after the making of an Arbitral Award but before it is enforced, under Section 9 of the Arbitration & Conciliation Act .

empowered to grant interim measures after the making of an Arbitration Award but before it is enforced, under Section 17 of the Arbitration & Conciliation Act.

empowered to grant interim measures after the making of an Arbitration Award but before it is enforced , under Section 18 of the Arbitration & Conciliation Act .

not empowered to grant interim measures after the making of the Arbitral Award

A Hindu wife files a petition against her husband for dissolution of marriage by a decree of divorce. Immediately after service of summons of the petition and before the filing of written ststes the defendent files an application under Section 8 of the Arbitration & Conciliation Act for reference to arbitation in accordance with the arbitration clause in a Settlement Agreement signed by the parties when on an earlier occasion police complaints were made against each other . The wife admits the Arbitration Agreement which encompasses all disputes and differences of any kind between the parties. The Court shall:

Allow the application under Section 8 and refer the parties to arbitration.

Dismiss the application and proceed with the petition.

Adjourn sine die further proceedings in the divorce petition.

Dismiss the divorce petition and direct the husband to invoke the arbitration clause before the appropriate forum.

A Financial Institution institutes a suit for re-possession of a vehicle subject matter of Hire Purchase Agreement with the defendant and for recovery of hire charges. The Hire Purchase Agreement produced by the plaintiff along with the plaint contains an arbitration clause for reference of such claims to arbitration of a reputed named advocate. The court shall:

Not admit the suit owing to subject matter thereof being the subject matter of Arbitration Agreement .

Not admit the suit owing to subject matter thereof being the subject matter of Arbitration Agreement and refer the dispute to arbitration .

Issue summons of the suit .

Dismiss the suit .

Under section 8 of the Arbitration and Conciliation Act 1996, the reference of parties to arbitration is

mandatory

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A & C ARBITRATION AGREEMENT ,Chapter ll (Section 7-9)

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