Making Of Arbitral Award And Termination Of Proceedings MCQ Quiz - Objective Question with Answer for Making Of Arbitral Award And Termination Of Proceedings - Download Free PDF

The correct answer is Option 3.

Key Points

• Under the provisions of clause (c) of section 25, if either party without sufficient cause fails to appear at an oral hearing or to produce documentary evidence, after the pleadings have been filed before the arbitral tribunal, then unless otherwise agreed by the parties, the arbitral tribunal may continue the proceedings and make the arbitral award on the basis of the evidence before it.
• In the case of Mordue vs. Parmer (1871), it was held that an arbitrator having signed his award is functus officio and cannot alter his award and cannot alter the slightest error in it, even though such error has arisen from the mistake of a clerk in copying the draft. The proper course in such was to obtain an order to refer the award back to the arbitrator.

Refer section 31 of Arbitration and Conciliation Act, 1996. Form and contents of arbitral award.

(1) An arbitral award shall be made in writing and shall be signed by the members of the arbitral tribunal.

(2) For the purposes of sub-section (1), in arbitral proceedings with more than one arbitrator, the signatures of the majority of all the members of the arbitral tribunal shall be sufficient so long as the reason for any omitted signature is stated.

(3) The arbitral award shall state the reasons upon which it is based, unless—

(a) the parties have agreed that no reasons are to be given, or

(b) the award is an arbitral award on agreed terms under section 30. (

4) The arbitral award shall state its date and the place of arbitration as determined in accordance with section 20 and the award shall be deemed to have been made at that place.

As per Section 33 of the Arbitration and Conciliation Act, 1996 which deals with correction and interpretation of an award, an application has to be made within thirty days from the receipt of the arbitral award, unless another period of time has been agreed upon by the parties. 

The Arbitration Act provides that an arbitral award will be enforced “in accordance with the provisions of the Code of Civil Procedure, 1908, (“CPC”) in the same manner as if it were a decree of the Court”. Section 36 of the Arbitration and Conciliation Act lays that Enforcement of an arbitral award in a Domestic Arbitration is to be carried out in the same manner as done in a decree passed by the court. 

The correct answer is Option 2

Key PointsThe Arbitration and Conciliation Act, 1996 accordingly came in force on 22.08. 1996. The said Act of 1996 was based on the UNCITRAL Model Law on International Commercial Arbitration 1985 and the UNCITRAL Conciliation Rules, 1980.

The Arbitration Act provides that an arbitral award will be enforced “in accordance with the provisions of the Code of Civil Procedure, 1908, (“CPC”) in the same manner as if it were a decree of the Court”. Section 36 of the Arbitration and Conciliation Act lays that Enforcement of an arbitral award in a Domestic Arbitration is to be carried out in the same manner as done in a decree passed by the court. 

The arbitration agreement contained in an unregistered and unduly stamped Lease Deed will be invalid and unenforceable prior to payment of deficit duty and penalty as per Stamp Act.

The correct answer is Option 3.

Key Points

• Under the provisions of clause (c) of section 25, if either party without sufficient cause fails to appear at an oral hearing or to produce documentary evidence, after the pleadings have been filed before the arbitral tribunal, then unless otherwise agreed by the parties, the arbitral tribunal may continue the proceedings and make the arbitral award on the basis of the evidence before it.
• In the case of Mordue vs. Parmer (1871), it was held that an arbitrator having signed his award is functus officio and cannot alter his award and cannot alter the slightest error in it, even though such error has arisen from the mistake of a clerk in copying the draft. The proper course in such was to obtain an order to refer the award back to the arbitrator.

The Arbitration Act provides that an arbitral award will be enforced “in accordance with the provisions of the Code of Civil Procedure, 1908, (“CPC”) in the same manner as if it were a decree of the Court”. Section 36 of the Arbitration and Conciliation Act lays that Enforcement of an arbitral award in a Domestic Arbitration is to be carried out in the same manner as done in a decree passed by the court. 

The correct answer is Option 3

Key PointsSection 13(5) of the 1996 Act gives that where the tribunal overrules proceeds and challenge with the arbitration, the party requesting the arbitrator may make an application for putting aside the arbitral award under section 34 of the Act

The arbitration agreement contained in an unregistered and unduly stamped Lease Deed will be invalid and unenforceable prior to payment of deficit duty and penalty as per Stamp Act.

The correct answer is Option 3.

Key Points

• Under the provisions of clause (c) of section 25, if either party without sufficient cause fails to appear at an oral hearing or to produce documentary evidence, after the pleadings have been filed before the arbitral tribunal, then unless otherwise agreed by the parties, the arbitral tribunal may continue the proceedings and make the arbitral award on the basis of the evidence before it.
• In the case of Mordue vs. Parmer (1871), it was held that an arbitrator having signed his award is functus officio and cannot alter his award and cannot alter the slightest error in it, even though such error has arisen from the mistake of a clerk in copying the draft. The proper course in such was to obtain an order to refer the award back to the arbitrator.

Refer section 31 of Arbitration and Conciliation Act, 1996. Form and contents of arbitral award.

(1) An arbitral award shall be made in writing and shall be signed by the members of the arbitral tribunal.

(2) For the purposes of sub-section (1), in arbitral proceedings with more than one arbitrator, the signatures of the majority of all the members of the arbitral tribunal shall be sufficient so long as the reason for any omitted signature is stated.

(3) The arbitral award shall state the reasons upon which it is based, unless—

(a) the parties have agreed that no reasons are to be given, or

(b) the award is an arbitral award on agreed terms under section 30. (

4) The arbitral award shall state its date and the place of arbitration as determined in accordance with section 20 and the award shall be deemed to have been made at that place.

As per Section 33 of the Arbitration and Conciliation Act, 1996 which deals with correction and interpretation of an award, an application has to be made within thirty days from the receipt of the arbitral award, unless another period of time has been agreed upon by the parties. 

The correct answer is Option 2

Key PointsThe Arbitration and Conciliation Act, 1996 accordingly came in force on 22.08. 1996. The said Act of 1996 was based on the UNCITRAL Model Law on International Commercial Arbitration 1985 and the UNCITRAL Conciliation Rules, 1980.