Recourse Against Arbitral Award MCQ Quiz - Objective Question with Answer for Recourse Against Arbitral Award - Download Free PDF

Last updated on Mar 16, 2025

Latest Recourse Against Arbitral Award MCQ Objective Questions

Recourse Against Arbitral Award Question 1:

In which case the Supreme Court held that under section 34 of the Arbitration and Conciliation Act, 1996 the court can examine the validity of International awards? 

  1. Oil & Natural Gas Corpn. Ltd. v. Saw Pipes Ltd., (2003) 5 SCC 705
  2. Venture Global Engg. v. Satyam Computer Services Ltd., (2008) 4 SCC 190
  3. Kailash Rani Dang v. Rakesh Bala Aneja, (2009) 1 SCC 732 
  4. Union of India v. Tecco Trichy Engineers & Contractors, (2005) 4 SCC 239.

Answer (Detailed Solution Below)

Option 1 : Oil & Natural Gas Corpn. Ltd. v. Saw Pipes Ltd., (2003) 5 SCC 705

Recourse Against Arbitral Award Question 1 Detailed Solution

In the case of Oil & Natural Gas Corpn. Ltd. v. Saw Pipes Ltd., (2003) 5 SCC 705, it was held that under section 34 of the Arbitration and Conciliation Act, 1996 the court can examine the validity of International awards

Recourse Against Arbitral Award Question 2:

An arbitration award under the Arbitration and Conciliation Act, 1996:

  1. Has the status of a decree immediately on publication/pronouncement thereof
  2. Does not have the status of a decree
  3. Has the status of a decree only after the time of three months for making an application to set aside the same has expired or such application having been made has been refused
  4. Has the status of a decree only after time of three months and a further period of 30 days for making an application to set aside the same have expired or such application having been made has been refused.

Answer (Detailed Solution Below)

Option 3 : Has the status of a decree only after the time of three months for making an application to set aside the same has expired or such application having been made has been refused

Recourse Against Arbitral Award Question 2 Detailed Solution

Section 34 (3) of Arbitration Act provides for the setting aside of award, the period of 3 month from the making of the award. However in exception circumstances and additional period of 30 days may also be provided but it is not a rule.

Recourse Against Arbitral Award Question 3:

A petition under section 34 of the Arbitration and Conciliation Act, 1996 is filed on the forty first day after the expiry of limitation prescribed in section 34(3) of the said Act along with an application for condonation of delay in filing thereof. The petitioner makes out sufficient ground for condoning the delay. The Court must.

  1. Condone delay and issue notice of the petition under section 34 of the Arbitration and Conciliation Act, 1996 to the Respondent. 
  2. Issue notice to Respondent only of the application seeking condonation of delay. 
  3. Dismiss the application for condonation of delay as well as the petition under section 34 of the Arbitration and Conciliation Act, 1996 on ground of limitation.
  4. Issue notice of the application seeking condonation of delay as well as of the petition under section 34 of the Arbitration and Conciliation Act. 1996

Answer (Detailed Solution Below)

Option 3 : Dismiss the application for condonation of delay as well as the petition under section 34 of the Arbitration and Conciliation Act, 1996 on ground of limitation.

Recourse Against Arbitral Award Question 3 Detailed Solution

Section 34(2) of Arbitration and Conciliation Act An arbitral award may be set aside by the Court only if-(a) the Party making the application furnishes proof that

a party was under some incapacity, or

- the arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law for the time being in force; or

- the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his Case; or

- the subject-matter of the dispute is not capable of settlement by arbitration under the law for the time being in force

- the arbitral award is in conflict with the public policy of India.

Recourse Against Arbitral Award Question 4:

The parties to the arbitration agreement are residents of Lucknow and kolkata. The contract was performed at Varanasi. The parties agreed that arbitration proceedings will be conducted at New Delhi and were held at New Delhi. Where will the petition under Section 34 of the Arbitration and Conciliation Act 1996 be filed?

  1. Delhi 
  2. varanasi
  3. Lucknow
  4. Kolkata

Answer (Detailed Solution Below)

Option 1 : Delhi 

Recourse Against Arbitral Award Question 4 Detailed Solution

Section 20 of Arbitration and Conciliation Act – Place of arbitration.

(1) The parties are free to agree on the place of arbitration.

(2) Failing any agreement referred to in sub-section (1), the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of the case, including the convenience of the parties 

Recourse Against Arbitral Award Question 5:

An application to set aside the arbitral award under the Arbitration and Conciliation Act, 1996 may be made within a time period of the following number of days that have elapsed from the date on which the party making that application had received the arbitral award

  1. one month
  2. two months
  3. three months
  4. forty five days

Answer (Detailed Solution Below)

Option 3 : three months

Recourse Against Arbitral Award Question 5 Detailed Solution

The correct answer is Option 3

Key PointsSection 34(3) of the Arbitration and Conciliation Act 1996.-An application for setting aside may not be made after three months have elapsed from the date on which the party making that application had received the arbitral award or, if a request had been made under section 33, from the date on which that request been disposed of by the arbitral tribunal: Provided that if the Court is satisfied that the applicant was prevented by sufficient cause from making the application within the said period of three months it may entertain the application within a further period of thirty days, but not thereafter.

Top Recourse Against Arbitral Award MCQ Objective Questions

An application to set aside the arbitral award under the Arbitration and Conciliation Act, 1996 may be made within a time period of the following number of days that have elapsed from the date on which the party making that application had received the arbitral award

  1. one month
  2. two months
  3. three months
  4. forty five days

Answer (Detailed Solution Below)

Option 3 : three months

Recourse Against Arbitral Award Question 6 Detailed Solution

Download Solution PDF

The correct answer is Option 3

Key PointsSection 34(3) of the Arbitration and Conciliation Act 1996.-An application for setting aside may not be made after three months have elapsed from the date on which the party making that application had received the arbitral award or, if a request had been made under section 33, from the date on which that request been disposed of by the arbitral tribunal: Provided that if the Court is satisfied that the applicant was prevented by sufficient cause from making the application within the said period of three months it may entertain the application within a further period of thirty days, but not thereafter.

Recourse Against Arbitral Award Question 7:

In which case the Supreme Court held that under section 34 of the Arbitration and Conciliation Act, 1996 the court can examine the validity of International awards? 

  1. Oil & Natural Gas Corpn. Ltd. v. Saw Pipes Ltd., (2003) 5 SCC 705
  2. Venture Global Engg. v. Satyam Computer Services Ltd., (2008) 4 SCC 190
  3. Kailash Rani Dang v. Rakesh Bala Aneja, (2009) 1 SCC 732 
  4. Union of India v. Tecco Trichy Engineers & Contractors, (2005) 4 SCC 239.

Answer (Detailed Solution Below)

Option 1 : Oil & Natural Gas Corpn. Ltd. v. Saw Pipes Ltd., (2003) 5 SCC 705

Recourse Against Arbitral Award Question 7 Detailed Solution

In the case of Oil & Natural Gas Corpn. Ltd. v. Saw Pipes Ltd., (2003) 5 SCC 705, it was held that under section 34 of the Arbitration and Conciliation Act, 1996 the court can examine the validity of International awards

Recourse Against Arbitral Award Question 8:

An arbitration award under the Arbitration and Conciliation Act, 1996:

  1. Has the status of a decree immediately on publication/pronouncement thereof
  2. Does not have the status of a decree
  3. Has the status of a decree only after the time of three months for making an application to set aside the same has expired or such application having been made has been refused
  4. Has the status of a decree only after time of three months and a further period of 30 days for making an application to set aside the same have expired or such application having been made has been refused.

Answer (Detailed Solution Below)

Option 3 : Has the status of a decree only after the time of three months for making an application to set aside the same has expired or such application having been made has been refused

Recourse Against Arbitral Award Question 8 Detailed Solution

Section 34 (3) of Arbitration Act provides for the setting aside of award, the period of 3 month from the making of the award. However in exception circumstances and additional period of 30 days may also be provided but it is not a rule.

Recourse Against Arbitral Award Question 9:

A petition under section 34 of the Arbitration and Conciliation Act, 1996 is filed on the forty first day after the expiry of limitation prescribed in section 34(3) of the said Act along with an application for condonation of delay in filing thereof. The petitioner makes out sufficient ground for condoning the delay. The Court must.

  1. Condone delay and issue notice of the petition under section 34 of the Arbitration and Conciliation Act, 1996 to the Respondent. 
  2. Issue notice to Respondent only of the application seeking condonation of delay. 
  3. Dismiss the application for condonation of delay as well as the petition under section 34 of the Arbitration and Conciliation Act, 1996 on ground of limitation.
  4. Issue notice of the application seeking condonation of delay as well as of the petition under section 34 of the Arbitration and Conciliation Act. 1996

Answer (Detailed Solution Below)

Option 3 : Dismiss the application for condonation of delay as well as the petition under section 34 of the Arbitration and Conciliation Act, 1996 on ground of limitation.

Recourse Against Arbitral Award Question 9 Detailed Solution

Section 34(2) of Arbitration and Conciliation Act An arbitral award may be set aside by the Court only if-(a) the Party making the application furnishes proof that

a party was under some incapacity, or

- the arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law for the time being in force; or

- the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his Case; or

- the subject-matter of the dispute is not capable of settlement by arbitration under the law for the time being in force

- the arbitral award is in conflict with the public policy of India.

Recourse Against Arbitral Award Question 10:

The parties to the arbitration agreement are residents of Lucknow and kolkata. The contract was performed at Varanasi. The parties agreed that arbitration proceedings will be conducted at New Delhi and were held at New Delhi. Where will the petition under Section 34 of the Arbitration and Conciliation Act 1996 be filed?

  1. Delhi 
  2. varanasi
  3. Lucknow
  4. Kolkata

Answer (Detailed Solution Below)

Option 1 : Delhi 

Recourse Against Arbitral Award Question 10 Detailed Solution

Section 20 of Arbitration and Conciliation Act – Place of arbitration.

(1) The parties are free to agree on the place of arbitration.

(2) Failing any agreement referred to in sub-section (1), the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of the case, including the convenience of the parties 

Recourse Against Arbitral Award Question 11:

An application to set aside the arbitral award under the Arbitration and Conciliation Act, 1996 may be made within a time period of the following number of days that have elapsed from the date on which the party making that application had received the arbitral award

  1. one month
  2. two months
  3. three months
  4. forty five days

Answer (Detailed Solution Below)

Option 3 : three months

Recourse Against Arbitral Award Question 11 Detailed Solution

The correct answer is Option 3

Key PointsSection 34(3) of the Arbitration and Conciliation Act 1996.-An application for setting aside may not be made after three months have elapsed from the date on which the party making that application had received the arbitral award or, if a request had been made under section 33, from the date on which that request been disposed of by the arbitral tribunal: Provided that if the Court is satisfied that the applicant was prevented by sufficient cause from making the application within the said period of three months it may entertain the application within a further period of thirty days, but not thereafter.

Recourse Against Arbitral Award Question 12:

An application for setting aside may not be made __________have elapsed from the date on which the party making that application had received the arbitral award: 

  1. Before three months
  2. Before one month 
  3. After three months
  4. After one month

Answer (Detailed Solution Below)

Option 3 : After three months

Recourse Against Arbitral Award Question 12 Detailed Solution

The correct answer is Option 3

Key PointsSection 34(3) of said act says An application for setting aside may not be made after three months have elapsed from the date on which the party making that application had received the arbitral award.

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