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Conciliator Flashcards

1
Q

What is conciliation in the context of Indian law?

A

Conciliation is a process where a neutral third party helps disputing parties reach a mutually acceptable agreement.

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2
Q

True or False: Conciliation is a legally binding process in India.

A

False

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3
Q

Fill in the blank: The primary legislation governing conciliation in India is the __________.

A

Arbitration and Conciliation Act, 1996

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4
Q

What role does the conciliator play?

A

The conciliator facilitates communication between the parties and assists them in finding a resolution.

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5
Q

Multiple Choice: Which of the following is NOT a characteristic of conciliation?

A

A. Formal court proceedings

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6
Q

Name one key difference between conciliation and mediation.

A

Conciliation may involve the conciliator proposing solutions, while mediation focuses on the parties finding their own solutions.

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7
Q

What is the significance of the case ‘K.K. Verma v. Union of India’ in conciliation?

A

This case highlighted the importance of conciliation as a means of resolving disputes amicably.

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8
Q

True or False: Conciliation proceedings are confidential in India.

A

True

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9
Q

Which section of the Arbitration and Conciliation Act deals with the appointment of conciliators?

A

Section 63

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10
Q

Fill in the blank: Parties are free to choose their conciliator as per __________ of the Arbitration and Conciliation Act.

A

Section 63

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11
Q

What happens if a party does not attend a conciliation meeting?

A

The conciliator may proceed with the conciliation process in the absence of that party.

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12
Q

Multiple Choice: Which of the following is a benefit of conciliation?

A

C. Cost-effectiveness

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13
Q

What is the outcome of a successful conciliation process?

A

A settlement agreement is reached and signed by the parties.

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14
Q

True or False: The conciliator can make a decision for the parties.

A

False

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15
Q

In which year was the Arbitration and Conciliation Act enacted?

A

1996

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16
Q

Fill in the blank: Conciliation can be initiated by __________.

A

either party to the dispute

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17
Q

What is the role of the Indian Council of Arbitration in conciliation?

A

It provides a framework for conducting conciliation and appointing conciliators.

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18
Q

Multiple Choice: Which of the following is a feature of conciliation?

A

B. Informal

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19
Q

What is the importance of the case ‘Indian Oil Corporation Ltd. v. Amritsar Gas Service’?

A

It reinforced the enforceability of settlement agreements reached through conciliation.

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20
Q

True or False: Conciliation can be used in labor disputes.

A

True

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21
Q

What is the primary goal of conciliation?

A

To resolve disputes amicably without resorting to litigation.

22
Q

Fill in the blank: The conciliator must be __________.

A

impartial and neutral

23
Q

What is the impact of conciliation on the judicial system?

A

It reduces the burden on courts by resolving disputes outside the litigation process.

24
Q

Multiple Choice: Which case established a precedent for the role of conciliation in commercial disputes?

A

D. K.K. Verma v. Union of India

25
What document is prepared at the end of the conciliation process?
A settlement agreement.
26
What does ADR stand for?
Alternative Dispute Resolution
27
What is the primary purpose of ADR?
To settle disputes without going to court
28
What is a characteristic of the decisions made in ADR?
They are binding like court decisions
29
Name three methods included in ADR.
* Arbitration * Mediation * Conciliation * Negotiation
30
Which article of the Indian Constitution supports the principles of ADR?
Article 39A
31
What does Section 89 of the Code of Civil Procedure, 1908 provide for?
Settling disputes by way of ADR
32
What are two benefits of using ADR?
* Reduced cost * Reduced time
33
What is the name of the act that governs arbitration and conciliation in India?
Arbitration and Conciliation Act, 1996
34
What does the Arbitration and Conciliation Act, 1996 lay out?
The object, extent, applicability, and important provisions under the Act
35
True or False: ADR processes are rigid and formal.
False
36
Fill in the blank: ADR aims to provide _______ solutions.
[satisfying]
37
What is the geographical applicability of the Arbitration and Conciliation Act, 1996?
The Act applies to the whole of India but extends to Jammu and Kashmir only for international commercial arbitration or conciliation.
38
When was the Arbitration and Conciliation Act, 1996 enforced?
The Act was enforced on 22nd August 1996.
39
When was the ordinance related to the Arbitration and Conciliation Act promulgated?
The ordinance was promulgated by the President on 16th January 1996.
40
What are the dates of the other two ordinances related to the Arbitration and Conciliation Act?
The other two ordinances were passed on 26th March and 21st June 1996.
41
What was the condition of arbitration law prior to the Arbitration and Conciliation Act, 1996?
The law on arbitration was dealt with under 3 acts which became outdated.
42
Why was the Arbitration and Conciliation Act, 1996 proposed?
It was proposed to make the Act responsive to the needs of society and address domestic and international commercial disputes.
43
What did the United Nations adopt in 1985 that influenced the Arbitration and Conciliation Act, 1996?
The United Nations adopted the Model Law on International Arbitration and Conciliation.
44
Fill in the blank: The objectives of the Arbitration and Conciliation Act, 1996 aim to make the Act _______.
[responsive and at par with the needs of society]
45
True or False: The Arbitration and Conciliation Act, 1996 applies only to domestic arbitration in India.
False
46
What is the primary focus of Part I of the Arbitration and Conciliation Act, 1996?
Applies to the place of arbitration in India. The award granted is treated as a domestic award.
47
What does Part II of the Arbitration and Conciliation Act, 1996 address?
Enforcement of foreign awards.
48
What is the main subject of Part III of the Arbitration and Conciliation Act, 1996?
Conciliation.
49
What does Part IV of the Arbitration and Conciliation Act, 1996 contain?
Supplementary provisions.
50
What is included in Schedule I of the Arbitration and Conciliation Act, 1996?
Convention on the recognition of foreign awards of arbitration.
51
What does Schedule II of the Arbitration and Conciliation Act, 1996 outline?
Protocol to be followed on arbitration clauses.
52
What is the focus of Schedule III of the Arbitration and Conciliation Act, 1996?
Convention for the execution of foreign arbitral awards.

Administrial Dispute Resolution (1 decks)

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