CONTRACT MANAGEMENT & ARBITRATION

E4-E5 Management
CONTRACT MANAGEMENT & ARBITRATION
Q. 1 , What is a contract?

a) An agreement enforceable by law

b) A social agreement between parties

c) A transaction between parties with no legal implications

d) None of the above

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Q. 2 , Which act deals with all types of Contracts in India?

a) Indian Contract Act, 1862

b) Indian Contract Act, 1872

c) Indian Contract Act, 1882

d) Indian Contract Act, 1892

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Q. 3 , What are the essential requirements for valid contracts?

a) Offer and its acceptance

b) Free consent of both parties

c) Mutual and lawful consideration for agreement

d) All of the above

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Q. 4 , Which of the following parties should be competent to enter a contract?

a) Only adults

b) Only minors

c) Only women

d) Parties should be competent to enter the contract

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Q. 5 , Which act is relevant for e-procurement and e-auction?

a) Indian Contracts Act, 1872

b) The Arbitration and Conciliation Act, 1996

c) The Information Technology Act, 2000

d) Central Vigilance Commission Act, 2003

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Q. 6 , Which act is relevant for competition in public procurement?

a) Indian Contracts Act, 1872

b) Competition Act, 2002

c) The Arbitration and Conciliation Act, 1996

d) Prevention of Corruption Act, 1988

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Q. 7 , Which act is relevant for the prevention of corruption in public procurement?

a) Indian Contracts Act, 1872

b) Competition Act, 2002

c) The Arbitration and Conciliation Act, 1996

d) Prevention of Corruption Act, 1988

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Q. 8 , What is the basis of the Central Bureau of Investigation (CBI)?

a) Indian Contracts Act, 1872

b) Competition Act, 2002

c) Delhi Special Police Establishment Act, 1946

d) Prevention of Corruption Act, 1988

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Q. 9 , Which act deals with the arbitration and conciliation of disputes?

a) Indian Contracts Act, 1872

b) The Arbitration and Conciliation Act, 1996

c) Competition Act, 2002

d) Prevention of Corruption Act, 1988

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Q. 10 , What is GEM?

a) Government Engineering Marketplace

b) Government Energy Marketplace

c) Government E-Marketplace

d) Government Equipment Marketplace

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Q. 11 , Which act is relevant for conciliation?

a) Indian Contracts Act, 1872

b) The Arbitration and Conciliation Act, 1996

c) Competition Act, 2002

d) Prevention of Corruption Act, 1988

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Q. 12 , What should be the intention of parties to create a legal relationship?

a) Social or domestic agreements

b) Legal agreements

c) Both social/domestic and legal agreements

d) None of the above

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Q. 13 , What is a bidder?

A) A person who accepts a contract

B) A person who submits an offer in response to a notice inviting tender

C) A person who cancels a contract

D) A person who negotiates a contract

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Q. 14 , Who is a contractor?

A) A person who submits an offer in response to a notice inviting tender

B) A person who accepts a contract

C) A person who cancels a contract

D) A person who negotiates a contract

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Q. 15 , What is a supplier?

A) A person who cancels a contract

B) A person who negotiates a contract

C) A person who submits an offer in response to a notice inviting tender

D) A person or firm supplying goods on contract

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Q. 16 , What are goods in the context of a contract?

A) All the equipment, machinery or other material required to supply under the contract

B) The work that needs to be completed under the contract

C) The payment that needs to be made for the contract

D) The terms and conditions of the contract

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Q. 17 , What is an Advance Purchase Order?

A) The order placed by the purchaser on the supplier

B) The order issued to the contractor by the officer in charge of the works

C) The intention of the purchaser to place a purchase order on the bidder

D) The order placed by the bidder on the purchaser

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Q. 18 , What is a Purchase Order?

A) The order placed by the bidder on the purchaser

B) The order issued to the contractor by the officer in charge of the works

C) The intention of the purchaser to place a purchase order on the bidder

D) The order placed by the purchaser on the supplier, signed by the purchaser including all attachments and appendices thereto and all documents incorporated by reference therein

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Q. 19 , What is a Work Order?

A) The order placed by the bidder on the purchaser

B) The order issued to the contractor by the officer in charge of the works

C) The intention of the purchaser to place a purchase order on the bidder

D) The order placed by the purchaser on the supplier

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Q. 20 , What is a Contract Price?

A) The price payable to the contractor under the work order

B) The price payable to the bidder for submitting an offer

C) The price payable to the supplier under the purchase order for the full and proper performance of its contractual obligations

D) The price payable to the purchaser for placing the purchase order

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Q. 21 , What are Bid documents/Tender documents?

A) The payment that needs to be made for the contract

B) The terms and conditions of the contract

C) All the documents of specifications of the materials or work, terms and conditions of the contract, plans and detailed diagrams, and other related documents forming part of the contract

D) The order placed by the purchaser on the supplier

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Q. 22 , What is the main objective of the Central Public Procurement Portal (CPPP)?

A) To centralize all procurement processes

B) To provide a single point access to information on procurements made by various Ministries and Departments

C) To disseminate best practices for procurement

D) To provide oversight and capacity building for procurement

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Q. 23 , Which government body has designed, developed, and hosted the Central Public Procurement Portal (CPPP)?

A) Ministry of Finance

B) National Informatics Centre (NIC)

C) Department of Expenditure

D) Ministry of Electronics & Information Technology

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Q. 24 , What is the purpose of the Procurement Policy Division (PPD) in the Ministry of Finance?

A) To centralize procurement processes

B) To set guidelines for public procurement processes

C) To provide oversight and capacity building for procurement

D) To encourage uniformity and harmonization in public procurement processes

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Q. 25 , Which procurement process is mandatory for all Ministries/Departments of the Central Government, Central Public Sector Enterprises (CPSEs) and Autonomous and Statutory Bodies?

A) Pre-qualification

B) Bidders’ enlistment

C) E-publishing

D) E-procurement

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Q. 26 , Which government e-commerce marketplace has been developed for common use goods and services?

A) Central Public Procurement Portal (CPPP)

B) GeM

C) National Informatics Centre (NIC)

D) Procurement Policy Division (PPD)

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Q. 27 , What is the registration process for suppliers on GeM?

A) Manual registration based on ID authentication

B) Online registration based on ID authentication

C) Manual registration based on physical verification

D) Online registration based on physical verification

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Q. 28 , Which procurement tools are available on GeM for bulk quantities?

A) Reverse bidding and e-auction

B) Pre-qualification and Bidders’ enlistment

C) E-publishing and e-procurement

D) Oversight and capacity building

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Q. 29 , Which government body is responsible for assessing the reasonability of rates on GeM?

A) Ministry of Finance

B) National Informatics Centre (NIC)

C) Department of Expenditure

D) Procuring authorities

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Q. 30 , What is the mandatory procurement process for Goods or Services available on GeM?

A) E-publishing

B) E-procurement

C) Pre-qualification

D) Bidders’ enlistment

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Q. 31 , What is the primary objective of the Central Public Procurement Portal (CPPP) in association with the Department of Expenditure?

A) To ensure better transparency and higher efficiency

B) To encourage uniformity and harmonization in public procurement processes

C) To provide a single point access to information on procurements made by various Ministries and Departments

D) To disseminate best practices for procurement

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Q. 32 , What is the purpose of the Government e-Marketplace (GeM)?

A) To centralize procurement processes

B) To ensure better transparency and higher efficiency in procurement

C) To disseminate best practices for procurement

D) To encourage uniformity and harmonization in public procurement processes

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Q. 33 , Which government body is responsible for delivering and fulfilling products/services on GeM?

A) Ministry of Finance

B) National Informatics Centre (NIC)

C) Department of Expenditure

D) Participating sellers

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Q. 34 , What is the purpose of the amendment to the Schedule of Financial Powers in BSNL?

a) To increase the financial powers of the Head of Circle/BA

b) To make it in conformity with GFR 2005

c) To decrease the financial powers of the Head of Circle/BA

d) To introduce a new financial power for the Head of Circle/BA

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Q. 35 , When was the proposal for the amendment of the Schedule of Financial Powers approved by the Management Committee of the BSNL Board?

a) 29th day of July, 2015

b) 28th day of August, 2015

c) 3rd December, 2021

d) None of the above

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Q. 36 , What is the maximum limit for the award of work to the lowest tenderer through open tender by the Head of Circle in BSNL?

a) Rs. 3 crore

b) Rs. 5 crore

c) Rs. 2 lakhs

d) Rs. 1 lakh

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Q. 37 , What is the annual limit for the procurement of decentralized items by the Head of Circle in BSNL?

a) Rs. 4 lakh

b) Rs. 6 lakh

c) Rs. 10 lakh

d) Rs. 30 lakh

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Q. 38 , What is the annual limit for the procurement of spares and equipment without quotation by the BA Head in BSNL?

a) Rs. 15,000/-

b) Rs. 25,000/-

c) Rs. 3 lakh

d) None of the above

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Q. 39 , What is the maximum limit for the award of work through limited tender by the BA Head in BSNL?

a) Rs. 25 lakh for goods and Rs. 10 lakh for works or services

b) Rs. 10 lakh for goods and Rs. 25 lakh for works or services

c) Rs. 25 lakh for both goods and works or services

d) None of the above

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Q. 40 , What is the method that is adopted when the estimated value of the work or service is up to Rs. 10 lakhs or less?

a) Open tender

b) Limited tender

c) Single tender

d) None of the above

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Q. 41 , How many supplier firms should be included in limited tender enquiry for procurement of goods, according to BSNL's rules?

a) More than three

b) Less than three

c) Exactly three

d) None of the above

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Q. 42 , What is the requirement for sending copies of bidding documents to firms in limited tender enquiry, according to BSNL's rules?

a) By hand delivery only

b) By email only

c) By speed post/registered post/courier/email

d) None of the above

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Q. 43 , What is the purpose of giving web-based publicity for limited tender, according to BSNL's rules?

a) To increase the number of approved suppliers

b) To reduce the number of approved suppliers

c) To decrease the transparency of the bidding process

d) None of the above

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Q. 44 , According to GFR 2005, where should the tender advertisement be published?

A) In newspapers

B) On the website of Ministries/Departments/Organizations

C) Both A and B

D) None of the above

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Q. 45 , What action is required to be taken by the tender accepting authority before cancelling a tender?

A) Pass detailed speaking orders

B) No action is required

C) Report the cancellation to the media

D) Report the cancellation to the police

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Q. 46 , According to the Arbitration and Conciliation Act, 1996, what is an arbitration agreement?

A) An agreement by the parties to submit to Arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship

B) An agreement to conduct business through arbitration

C) An agreement to sell goods and services through arbitration

D) None of the above

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Q. 47 , When did the Arbitration and Conciliation Act come into effect?

A) 25.01.1996

B) 23.10.15

C) 9th August 2019

D) None of the above

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Q. 48 , What is the key feature of the Arbitration and Conciliation Act amendment made by Act 33 of 2019?

A) Establishment of an independent body called the Arbitration Council of India

B) Appointment of arbitrators by arbitral institutions

C) Removal of time restriction for arbitral tribunals to make their award within a period of 12 months for international commercial arbitrations

D) Fixation of time limit to file written claim and defense to the claim before an arbitral tribunal as six months

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Q. 49 , Who can be an arbitrator according to the Arbitration and Conciliation Act?

A) A person of Indian nationality only

B) A person of any nationality unless otherwise agreed by the parties

C) A lawyer only

D) None of the above

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Q. 50 , What is the time limit for arbitral tribunals to make their award for international commercial arbitrations under the Arbitration and Conciliation Act?

A) 6 months

B) 12 months

C) 18 months

D) No time limit

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Q. 51 , According to the Arbitration and Conciliation Act, after how many months of receipt of an award by the opposite party will the award become a decree?

A) 1 month

B) 3 months

C) 6 months

D) 9 months

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Q. 52 , What is required to constitute an arbitration agreement?

A) A separate agreement in writing

B) An arbitration clause in the contract

C) Both A and B

D) None of the above

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Q. 53 , What action is required to be taken by a judicial authority before which an action is brought where an arbitration agreement exists?

A) File a case in the court

B) Refer the parties to arbitration

C) Dismiss the case

D) None of the above

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Q. 54 , What is the key feature of the Arbitration and Conciliation Act amendment of 2019?

a) Establishment of an independent body called the Arbitration Council of India

b) Appointment of arbitrators by arbitral institutions

c) Removal of time restriction for arbitral tribunals to make their award for international commercial arbitrations

d) Fixing the time limit to file written claim and defense to the claim before an arbitral tribunal

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Q. 55 , Which of the following is true about arbitration agreement?

a) It must be in the form of a separate agreement only

b) It must be in writing and may be in the form of an arbitration clause in the contract or in the form of a separate agreement

c) It must be in writing and must be in the form of an arbitration clause in the contract only

d) It can be verbal or in writing, and no specific format is required

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Q. 56 , According to Section 8 of the Arbitration and Conciliation Act, what can a judicial authority do when an arbitration agreement exists between parties?

a) It can ignore the arbitration agreement and proceed with the case

b) It can refer the parties to arbitration

c) It can appoint arbitrators on behalf of the parties

d) It can order one party to pay damages to the other party

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Q. 57 , How are arbitrators appointed in an arbitration with three arbitrators in the absence of an agreement between the parties?

a) Each party shall appoint two arbitrators and the appointed arbitrators shall appoint the third arbitrator

b) Each party shall appoint one arbitrator, and the two appointed arbitrators shall appoint the third arbitrator

c) The presiding arbitrator shall appoint the other two arbitrators

d) The parties can choose any method of appointment they wish

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Q. 58 , What is the purpose of passing detailed speaking orders before cancellation of tenders, as per the Tender Systems Improvement?

a) To enhance transparency in tender decisions

b) To delay the tender process

c) To increase the number of tenders received

d) To reduce the number of tenders received

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Q. 59 , What is the purpose of Section 18 of the Indian Arbitration and Conciliation Act, 1996?

A. To ensure that parties are treated equally and given a full opportunity to present their case.

B. To provide a mechanism for determining the place of arbitration.

C. To set out the procedure for submitting statements of claim and defense.

D. To specify the time limit for making an arbitral award.

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Q. 60 , According to Section 19 of the Indian Arbitration and Conciliation Act, 1996, what rules of procedure must the arbitral tribunal follow?

A. The Code of Civil Procedure and the Indian Evidence Act.

B. The rules of procedure agreed to by the parties.

C. The rules of procedure determined by the arbitrator.

D. The rules of procedure set out in the Act.

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Q. 61 , If the parties do not agree on the place of arbitration, who is responsible for determining it?

A. The claimant.

B. The respondent.

C. The arbitral tribunal.

D. The court.

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Q. 62 , What is the time limit for completing the statement of claim and defense as per Section 23 of the Indian Arbitration and Conciliation Act, 1996?

A. 3 months.

B. 6 months.

C. 9 months.

D. 12 months.

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Q. 63 , Under Section 24 of the Indian Arbitration and Conciliation Act, 1996, what is the default position for holding hearings?

A. There must always be an oral hearing.

B. There must never be an oral hearing.

C. It is up to the discretion of the arbitral tribunal.

D. It is up to the discretion of the parties.

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Q. 64 , What action can the arbitral tribunal take if the claimant fails to communicate his statement of claim without sufficient cause?

A. Continue the proceedings.

B. Terminate the proceedings.

C. Admit the allegation by the claimant.

D. Award exemplary costs to the respondent.

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Q. 65 , What action can the arbitral tribunal take if the respondent fails to communicate his statement of defense?

A. Continue the proceedings.

B. Terminate the proceedings.

C. Admit the allegation by the claimant.

D. Award exemplary costs to the claimant.

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Q. 66 , Under Section 25 of the Indian Arbitration and Conciliation Act, 1996, what happens if a party fails to appear at an oral hearing or to produce documentary evidence?

A. The proceedings are terminated.

B. The evidence before the tribunal is disregarded.

C. The proceedings continue based on the evidence before the tribunal.

D. The tribunal must reschedule the hearing or inspection.

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Q. 67 , What is the default rule for decision-making in arbitral proceedings with more than one arbitrator?

A. Decisions are made by the presiding arbitrator.

B. Decisions are made by unanimous agreement of all arbitrators.

C. Decisions are made by a majority of all arbitrators.

D. Decisions are made by the parties.

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Q. 68 , What is the time limit for completing the statement of claim and defense as per Section 23 of the Arbitration and Conciliation Act?

a. 3 months

b. 6 months

c. 9 months

d. 1 year

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Q. 69 , Who has the power to determine the admissibility, relevance, materiality, and weight of any evidence in an arbitration proceeding as per Section 19 of the Arbitration and Conciliation Act?

a. The parties

b. The court

c. The arbitral tribunal

d. The arbitrator

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Q. 70 , If a claimant fails to communicate their statement of claim without sufficient cause, what happens as per Section 25(a) of the Arbitration and Conciliation Act?

a. The proceedings continue without treating the failure as an admission of the allegations.

b. The respondent's right to file a statement of defense is forfeited.

c. The proceedings are terminated.

d. The arbitrator may impose exemplary costs on the claimant.

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Q. 71 , Under what circumstances can the arbitral tribunal continue the proceedings and make an arbitral award even if a party fails to appear at an oral hearing or produce documentary evidence as per Section 25(c) of the Arbitration and Conciliation Act?

a. If the party provides a valid reason for their absence or failure to produce evidence

b. If the other party agrees to proceed with the hearing or evidence already presented is sufficient for making the award

c. If the arbitrator deems it appropriate to continue the proceedings

d. If the court orders the proceedings to continue

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Q. 72 , What is the time limit for making an award in arbitral proceedings, as per Section 29A of the Arbitration and Conciliation Act?

a. 6 months

b. 9 months

c. 12 months

d. 18 months

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Q. 73 , In what circumstances can parties opt for fast track procedure in arbitration proceedings?

a) Before appointment of the arbitral tribunal

b) After appointment of the arbitral tribunal

c) During hearing of the case

d) None of the above

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Q. 74 , What is the maximum time limit for an arbitral award to be made under fast track procedure?

a) 3 months

b) 6 months

c) 9 months

d) 12 months

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Q. 75 , How is an arbitral award on agreed terms treated under the Arbitration and Conciliation Act, 1996?

a) It is considered invalid

b) It is treated as any other arbitral award

c) It is treated as a mediation settlement

d) None of the above

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Q. 76 , What is the purpose of mediation or conciliation during arbitral proceedings?

a) To make the arbitration process faster

b) To encourage settlement between the parties

c) To ensure that the arbitrator's decision is accepted by both parties

d) None of the above

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Q. 77 , When can an arbitrator award interest in an arbitral award?

a) On the whole or part of the money, for the whole or part of the period between the date on which the cause of action arose and the date on which the award is made

b) Only when agreed by both parties

c) When the amount in dispute is above a certain threshold

d) None of the above

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Q. 78 , How is the current rate of interest for an arbitral award determined?

a) As per the discretion of the arbitrator

b) Two percent lower than the prevailing rate of interest

c) Two percent higher than the prevailing rate of interest

d) None of the above

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Q. 79 , What is the meaning of 'costs' as per Section 31A of the Arbitration and Conciliation Act, 1996?

a) Legal fees and expenses only

b) Fees and expenses of the arbitrators, courts and witnesses only

c) Any expenses incurred in connection with the arbitral or court proceedings and the arbitral award

d) None of the above

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Q. 80 , What factors does the court or arbitral tribunal consider while determining the costs payable by one party to another in arbitration proceedings?

a) The conduct of all the parties

b) Whether a party has succeeded partly in the case

c) Whether any reasonable offer to settle the dispute is made by a party and refused by the other party

d) All of the above

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Q. 81 , Can the court or arbitral tribunal make an order for payment of costs even if it is different from the general rule?

a) Yes, if the unsuccessful party has made a reasonable offer to settle the dispute and it was refused by the other party

b) Yes, if the conduct of the successful party was improper

c) Yes, for any other reasons to be recorded in writing

d) None of the above

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Q. 82 , What is the time period within which the award under fast track procedure should be made?

A. 3 months

B. 6 months

C. 9 months

D. 12 months

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Q. 83 , Who has the discretion to determine whether costs are payable by one party to another in relation to any arbitration proceedings?

A. The arbitrator

B. The court or arbitral tribunal

C. The parties

D. The institution supervising the arbitration

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Q. 84 , What does 'costs' mean in Section 31A?

A. Legal fees and expenses

B. The fees and expenses of the arbitrators, courts, and witnesses

C. Administration fees of the institution supervising the arbitration

D. All of the above

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Q. 85 , What is the general rule with regards to payment of costs if the Court or arbitral tribunal decides to make an order as to payment of costs?

A. The successful party shall be ordered to pay the costs of the unsuccessful party

B. The unsuccessful party shall be ordered to pay the costs of the successful party

C. Both parties shall be ordered to share the costs equally

D. The parties can mutually agree on the payment of costs

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Q. 86 , What circumstances shall the Court or arbitral tribunal have regard to in determining the costs?

A. The conduct of all the parties

B. Whether a party has succeeded partly in the case

C. Whether a party had made a frivolous counterclaim leading to delay in the disposal of the arbitral proceedings

D. All of the above

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Q. 87 , What is the highest rate of interest that can be carried by an arbitration award?

A. Two percent higher than the current rate of interest prevalent on the date of award

B. Five percent higher than the current rate of interest prevalent on the date of award

C. Ten percent higher than the current rate of interest prevalent on the date of award

D. Fifteen percent higher than the current rate of interest prevalent on the date of award

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Q. 88 , When may an oral hearing be held during arbitration proceedings conducted under Section 29B?

A. If one party makes a request

B. If all parties make a request

C. If the arbitral tribunal considers it necessary to have oral hearing for clarifying certain issues

D. Both B and C

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Q. 89 , What is the recourse against an arbitral award?

a) Appeal to the Supreme Court

b) Application for setting aside the award

c) Filing a new arbitration claim

d) Request for mediation

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Q. 90 , Under what circumstances can an arbitral award be set aside by the court?

a) If the party making the application establishes that the arbitration agreement is not valid under the law

b) If the arbitral award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration

c) If the composition of the arbitral Tribunal or the arbitral procedure was not in accordance with the agreement of the parties

d) All of the above

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Q. 91 , What is the time limit for making an application for setting aside an arbitral award?

a) 6 months from the date on which the party making the application had received the arbitral award

b) 3 months from the date on which the party making the application had received the arbitral award

c) 12 months from the date on which the party making the application had received the arbitral award

d) There is no time limit

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Q. 92 , Can an application for setting aside an arbitral award be made after the time limit has expired?

a) Yes, with the permission of the arbitral tribunal

b) Yes, with the permission of the court

c) No, it cannot be made after the time limit has expired

d) None of the above

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Q. 93 , What is the consequence of the time limit for making an application for setting aside an arbitral award?

a) The award becomes unenforceable

b) The award becomes final and binding on the parties

c) The award is automatically set aside

d) The award is subject to review by the Supreme Court

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Q. 94 , How can an arbitral award be enforced?

a) By filing a new arbitration claim

b) By requesting mediation

c) By filing an application for setting aside the award

d) By enforcing it under the Code of Civil Procedure

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Q. 95 , Can the filing of an application to set aside an arbitral award render the award unenforceable?

a) Yes, automatically

b) Yes, if the court grants an order of stay of the operation of the award

c) No, it cannot render the award unenforceable

d) None of the above

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Q. 96 , From which orders can an appeal be made to the court authorized by law to hear appeals from original decrees of the court passing the order?

a) Refusing to refer the parties to arbitration under section 8

b) Granting or refusing to grant any measure under section 9

c) Setting aside or refusing to set aside an arbitral award under section 34

d) All of the above

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Q. 97 , What is the time limit to file an application for setting aside an arbitral award under section 34?

a) 1 month

b) 2 months

c) 3 months

d) 6 months

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Q. 98 , Under which section of the Arbitration and Conciliation Act, 1996, can an arbitral award be enforced like a decree of the court?

a) Section 35

b) Section 36

c) Section 37

d) Section 40

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Q. 99 , Which of the following orders are appealable under Section 37 of the Arbitration and Conciliation Act, 1996?

a) Refusing to refer the parties to arbitration under Section 8

b) Granting or refusing to grant any measure under Section 9

c) Setting aside or refusing to set aside an arbitral award under Section 34

d) All of the above

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Q. 100 , When do conciliation proceedings commence?

a) When the party initiating conciliation sends a written invitation

b) When the other party accepts in writing the invitation to conciliate

c) When the conciliator is appointed

d) When both parties agree to conciliate

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Q. 101 , What happens if the other party rejects the invitation to conciliate?

a) The conciliation proceedings will commence

b) The conciliation proceedings will not commence

c) The party initiating conciliation may elect to treat it as a rejection of the invitation to conciliate

d) Both a) and c)

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Q. 102 , Is the conciliator bound by the Code of Civil Procedure or the Indian Evidence Act?

a) Yes

b) No

c) It depends on the nature of the dispute

d) Only if both parties agree

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Q. 103 , What is the role of the conciliator?

a) To decide the outcome of the dispute

b) To assist the parties to reach an amicable settlement of their dispute

c) To represent one party in the dispute

d) To provide legal advice to the parties

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Q. 104 , Can the conciliator make proposals for a settlement of the dispute?

a) Yes, but only in writing

b) No, the conciliator can only assist the parties to reach a settlement

c) Yes, at any stage of the conciliation proceedings

d) Yes, but only with the permission of the court

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Q. 105 , What happens if the parties reach agreement on a settlement of the dispute?

a) They must go to court to have the settlement agreement validated

b) They may draw up and sign a written settlement agreement

c) The conciliator will make the settlement agreement for them

d) They must hire a lawyer to represent them in court

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Q. 106 , What is the status and effect of the settlement agreement?

a) It has no legal effect

b) It is a binding agreement between the parties

c) It can be challenged in court

d) It can be amended by either party

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Q. 107 , When are conciliation proceedings terminated?

a) When both parties agree to terminate the proceedings

b) When the conciliator decides that further efforts at conciliation are no longer justified

c) When the parties sign the settlement agreement

d) All of the above

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Q. 108 , Can the parties initiate arbitral or judicial proceedings during conciliation proceedings?

a) Yes

b) No

c) Only with the permission of the conciliator

d) Only if both parties agree

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Q. 109 , Which section of the Arbitration and Conciliation Act provides for the status and effect of settlement agreements?

a) Section 62

b) Section 66

c) Section 73

d) Section 74

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Q. 110 , When do conciliation proceedings commence?

a) When the initiating party sends a written invitation to conciliate

b) When the other party accepts in writing the invitation to conciliate

c) When the initiating party receives a reply within 30 days of sending the invitation

d) Both a) and b)

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Q. 111 , What is the role of the conciliator in the conciliation proceedings?

a) To make a decision in favor of one party

b) To assist the parties to reach an amicable settlement of their dispute

c) To follow the Code of Civil Procedure and Indian Evidence Act

d) Both b) and c)

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Q. 112 , When are conciliation proceedings terminated?

a) By the signing of the settlement agreement by the parties

b) By a written declaration of the conciliator that further efforts at conciliation are no longer justified

c) By a written declaration of the parties that the conciliation proceedings are terminated

d) All of the above

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Q. 113 , How long does the other party have to reply to the written invitation to conciliate?

a) 15 days

b) 30 days

c) 45 days

d) 60 days

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Q. 114 , Who authenticates the settlement agreement?

a) The parties

b) The conciliator

c) The court

d) The arbitrator

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Q. 115 , When can the conciliation proceedings be terminated by the parties?

a) By the signing of the settlement agreement by the parties

b) By a written declaration of the parties that the conciliation proceedings are terminated

c) By a written declaration of a party to the other party and the conciliator

d) All of the above

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Q. 116 , What is the status and effect of the settlement agreement?

a) It is a binding decision in favor of one party

b) It has the same status and effect as an arbitral award

c) It is an interim decision

d) Both a) and c)

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