Jurisdiction Of Arbitral Tribunals MCQ Quiz - Objective Question with Answer for Jurisdiction Of Arbitral Tribunals - Download Free PDF

The correct answer is Option 4

Key PointsSection 17(ii) for an interim measure of protection in respect of any of the following matters, namely:--
(a) the preservation, interim custody or sale of any goods which are the subject-matter of the arbitration agreement;
(b) securing the amount in dispute in the arbitration;
(c) the detention, preservation or inspection of any property or thing which is the subject-matter of the dispute in arbitration, or as to which any question may arise therein and authorising for any of the aforesaid purposes any person to enter upon any land or building in the possession of any party, or authorising any samples to be taken, or any observation to be made, or experiment to be tried, which may be necessary or expedient for the purpose of obtaining full information or evidence;
(d) interim injunction or the appointment of a receiver;
(e) such other interim measure of protection as may appear to the arbitral tribunal to be just and convenient, and the arbitral tribunal shall have the same power for making orders, as the court has for the purpose of, and in relation to, any proceedings before it.

A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defence; however, a party shall not be precluded from raising such a plea merely because that he has appointed, or participated in the appointment of, an arbitrator.

The correct answer is Option 3.

Key Points

•  Adjudication refers to the formal process of resolving legal disputes or issues through a competent authority, such as a court, tribunal, or administrative agency.  For example:- Arbitral Tribunal 
• There is no inherent jurisdiction of an arbitral tribunal. Instead, its jurisdiction is derived from the agreement between the parties to decide a particular dispute by way of arbitration. Thus, the jurisdiction of an arbitral tribunal is not derived from any legislation.

Additional Information

• The doctrine of stare decisis helps to generate judicial accountability along with it, it also ensures fairness in adjudication and excludes arbitrariness and helps in maintaining stability and certainty.
• The doctrine of res judicata applies to civil suits, execution proceedings, taxation matters, industrial adjudication, administrative orders, interim orders, etc. 

The correct answer is Option 4

Key PointsSection 17(ii) for an interim measure of protection in respect of any of the following matters, namely:--
(a) the preservation, interim custody or sale of any goods which are the subject-matter of the arbitration agreement;
(b) securing the amount in dispute in the arbitration;
(c) the detention, preservation or inspection of any property or thing which is the subject-matter of the dispute in arbitration, or as to which any question may arise therein and authorising for any of the aforesaid purposes any person to enter upon any land or building in the possession of any party, or authorising any samples to be taken, or any observation to be made, or experiment to be tried, which may be necessary or expedient for the purpose of obtaining full information or evidence;
(d) interim injunction or the appointment of a receiver;
(e) such other interim measure of protection as may appear to the arbitral tribunal to be just and convenient, and the arbitral tribunal shall have the same power for making orders, as the court has for the purpose of, and in relation to, any proceedings before it.

A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defence; however, a party shall not be precluded from raising such a plea merely because that he has appointed, or participated in the appointment of, an arbitrator.

The correct answer is Option 3.

Key Points

•  Adjudication refers to the formal process of resolving legal disputes or issues through a competent authority, such as a court, tribunal, or administrative agency.  For example:- Arbitral Tribunal 
• There is no inherent jurisdiction of an arbitral tribunal. Instead, its jurisdiction is derived from the agreement between the parties to decide a particular dispute by way of arbitration. Thus, the jurisdiction of an arbitral tribunal is not derived from any legislation.

Additional Information

• The doctrine of stare decisis helps to generate judicial accountability along with it, it also ensures fairness in adjudication and excludes arbitrariness and helps in maintaining stability and certainty.
• The doctrine of res judicata applies to civil suits, execution proceedings, taxation matters, industrial adjudication, administrative orders, interim orders, etc.