DELHI-PRE 2023 Set A
You'll attempt 10 questions with instant scoring and explanations at the end. (190 more in the full paper.)
Sample questions from DELHI-PRE 2023 Set A
The first 10 questions of this Delhi Judiciary (DJS) Prelims paper, with answers and explanations.
Q1. X and Y, being both juristic entities have certain commercial disputes which have arisen under a contract which does not contain any arbitration clause. X wishes to resolve these disputes through arbitration and for this purpose seeks to have an arbitration agreement with Y. Which of the following is a possible option for X for the purpose of bringing about an arbitration agreement?
- A. Address a letter to Y proposing that the disputes be resolved through arbitration and calling upon Y to agree to the same.
- B. Enter into an oral agreement with Y for referring the disputes to arbitration.
- C. File a civil suit praying that Y be directed to enter into an arbitration agreement with X.
- D. File an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking reference of the disputes to arbitration.
Reveal answer
Answer: A — Address a letter to Y proposing that the disputes be resolved through arbitration and calling upon Y to agree to the same.
Under Section 7 of the Arbitration Act, an arbitration agreement must be in writing. It can be in the form of exchange of letters. Option (1) is the only valid way to bring about an arbitration agreement.
Q2. What is the date of commencement of arbitration proceedings in relation to a particular dispute?
- A. Date of first hearing before the arbitral tribunal.
- B. Date on which a request for that dispute to be referred to arbitration is received by the opposite party.
- C. Date on which a petition under Section 11 of the Arbitration and Conciliation Act, 1996, is filed by one of the parties.
- D. Date on which arbitral tribunal is constituted.
Reveal answer
Answer: B — Date on which a request for that dispute to be referred to arbitration is received by the opposite party.
Section 21 of the Arbitration Act provides that arbitral proceedings commence on the date on which a request for the dispute to be referred to arbitration is received by the respondent.
Q3. In an arbitral proceeding with 3 arbitrators, the arbitral award must be signed by -
- A. All the 3 arbitrators.
- B. Any 2 arbitrators, which must include the presiding arbitrator.
- C. Any one arbitrator so long as the reason for any omitted signature is stated.
- D. Any 2 arbitrators so long as the reason for any omitted signature is stated.
Reveal answer
Answer: D — Any 2 arbitrators so long as the reason for any omitted signature is stated.
Section 31(2) provides that in arbitral proceedings with more than one arbitrator, the signatures of the majority of all members shall be sufficient so long as the reason for any omitted signature is stated.
Q4. An application under Section 33 of the Arbitration and Conciliation Act, 1996, cannot seek -
- A. Correction of any computation error in the award.
- B. Correction of clerical or typographical error in the award.
- C. Review of the award on the ground of an error apparent on the face of the record.
- D. Interpretation of a specific point or part of the award.
Reveal answer
Answer: C — Review of the award on the ground of an error apparent on the face of the record.
Section 33 allows correction of computation/clerical/typographical errors and interpretation of specific points. Review on error apparent on face of record is not available under Section 33.
Q5. An appeal under Section 37 of the Arbitration and Conciliation Act, 1996 would not be maintainable against -
- A. An order refusing to refer the parties to arbitration under Section 8.
- B. Dismissal of a petition under Section 34.
- C. Refusing any measure under Section 9.
- D. An order allowing an application under Section 8.
Reveal answer
Answer: D — An order allowing an application under Section 8.
Section 37 provides for appeals against orders refusing to refer parties to arbitration (S.8), granting/refusing interim measures (S.9), and setting aside/refusing to set aside arbitral award (S.34). An order allowing S.8 application is not appealable.
Q6. It is legally impermissible for an arbitral tribunal to comprise of -
- A. 3 arbitrators
- B. 4 arbitrators
- C. 5 arbitrators
- D. 7 arbitrators
Reveal answer
Answer: B — 4 arbitrators
Section 10(1) provides that parties are free to determine the number of arbitrators, but it shall not be an even number. Hence, 4 arbitrators (even number) is impermissible.
Q7. A settlement agreement arrived at during the conciliation proceedings under Part III of the Arbitration and Conciliation Act, 1996, stands on the same footing as -
- A. As an order made under Section 9.
- B. An order made under Section 17.
- C. A preliminary decree of a civil court of competent jurisdiction.
- D. As an arbitral award rendered under Section 30.
Reveal answer
Answer: D — As an arbitral award rendered under Section 30.
Section 74 read with Section 73(3) provides that the settlement agreement has the same status and effect as an arbitral award on agreed terms under Section 30.
Q8. A person 'X' is appointed as the conciliator to attempt conciliation of the disputes between party A and party B. The conciliation proceedings are terminated pursuant to which the parties seek adjudication of their disputes through arbitration. Which one of the following is a possible scenario -
- A. X is appointed as the nominee arbitrator of party A in the arbitration proceedings.
- B. X is appointed as the sole arbitrator through a judicial order passed under Section 11 of the Arbitration and Conciliation Act, 1996.
- C. X appears as a witness in the arbitration between party A and party B despite no consent of parties.
- D. X is appointed as the sole arbitrator with the consent of party A and party B.
Reveal answer
Answer: D — X is appointed as the sole arbitrator with the consent of party A and party B.
Section 80 bars a conciliator from acting as arbitrator or representative/counsel unless agreed by parties. With consent of both parties, X can be appointed as sole arbitrator.
Q9. A party filed an application for interim measures of protection before a Court, which was disposed of. The other party also wishes to file an application for interim measures of protection. He may do so -
- A. Before the same court where the party had first filed an application for interim measures of protection.
- B. Before the court within whose jurisdiction the seat of arbitration is situated.
- C. Only before the High Court.
- D. Any Court of Original Jurisdiction.
Reveal answer
Answer: A — Before the same court where the party had first filed an application for interim measures of protection.
Under Section 9(2), the subsequent application for interim measures should be made before the same court where the first application was filed.
Q10. An Arbitral Tribunal shall -
- A. Have a lien on the arbitral award for only administration fee.
- B. Have a lien on the arbitral award for only legal fee.
- C. Not have a lien on the arbitral award for any unpaid costs of the arbitration.
- D. Have a lien on the arbitral award for any unpaid costs of the arbitration.
Reveal answer
Answer: D — Have a lien on the arbitral award for any unpaid costs of the arbitration.
Section 39 provides that the arbitral tribunal shall have a lien on the arbitral award for any unpaid costs of the arbitration.
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