Consider the following statements regarding Mediation Act, 2023 key features:
1. The Act establishes the Mediation Council of India as a statutory body headquartered in Mumbai, which oversees the accreditation of mediators and maintains a digital depository of settlement agreements.
2. Under the provisions of the Act, pre-litigation mediation is applicable to all civil and commercial disputes, including those involving criminal proceedings where the compounding of offences is permissible.
3. The Mediation Act, 2023 provides that a mediated settlement agreement resulting from a mediation process shall be enforceable in the same manner as if it were a judgment or decree of a civil court.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 3 is correct. Statement 1 is incorrect. Statement 2 is incorrect.
Statement 3 is correct as the Act grants mediated settlement agreements the same legal status and enforceability as a court decree. Statement 1 is incorrect because the Mediation Council of India is headquartered in New Delhi, not Mumbai. Statement 2 is incorrect because pre-litigation mediation is voluntary for civil and commercial disputes and specifically excludes matters involving criminal prosecution or serious offences that cannot be compounded.
Consider the following statements regarding Institutional Arbitration vs Ad-hoc Arbitration:
1. The UNCITRAL Model Law on International Commercial Arbitration was adopted in 1985, and it serves as the foundational document for the 1996 Act to provide a standardized procedure for institutional oversight.
2. The 2021 amendment to the Arbitration and Conciliation Act removed the Eighth Schedule, which previously contained the qualifications, experience, and norms for accreditation of arbitrators.
3. Section 11 of the Arbitration and Conciliation Act, 1996, allows the Supreme Court or High Courts to appoint an arbitrator if parties fail to reach an agreement in ad-hoc proceedings.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 2 is correct. Statement 3 is correct. Statement 1 is incorrect.
Statement 1 is incorrect because while the 1996 Act is based on the UNCITRAL Model Law, the Model Law does not mandate institutional oversight; rather, it provides a framework for both ad-hoc and institutional arbitration. Statement 2 is correct as the 2021 Amendment Act omitted the Eighth Schedule, which had prescribed rigid qualifications for arbitrators, aiming to make India a more arbitration-friendly jurisdiction. Statement 3 is correct because Section 11 of the 1996 Act empowers the Supreme Court or High Courts to facilitate the appointment of an arbitrator when parties fail to adhere to the agreed-upon procedure, a mechanism primarily utilized in ad-hoc proceedings.
Consider the following statements regarding Conciliation proceedings and confidentiality:
1. The UNCITRAL Conciliation Rules of 1980 served as the primary international framework influencing the drafting of the 1996 Indian legislation.
2. Part III of the Arbitration and Conciliation Act, 1996, governs the procedure for conciliation proceedings in India.
3. Section 75 of the Arbitration and Conciliation Act, 1996, provides that the conciliator and the parties shall keep confidential all matters relating to the conciliation proceedings.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 1 is correct. Statement 2 is correct. Statement 3 is correct.
Statement 1 is correct as the Arbitration and Conciliation Act, 1996, was enacted to align Indian law with the UNCITRAL Model Law and the 1980 Conciliation Rules. Statement 2 is correct because Part III (Sections 61 to 81) of the 1996 Act specifically outlines the statutory framework for conciliation in India. Statement 3 is correct as Section 75 mandates strict confidentiality for the conciliator and parties, ensuring that all matters relating to proceedings remain private, except where disclosure is necessary for implementation or enforcement.
Consider the following statements regarding Role of the Bar Council in ADR training:
1. The Bar Council of India established the Legal Education Rules in 2008, which include Alternative Dispute Resolution as a compulsory clinical paper in the five-year LLB curriculum.
2. Under Section 7(1)(i) of the Advocates Act, 1961, the Bar Council of India promotes and supports law reform, which encompasses the development of ADR mechanisms.
3. The Arbitration and Conciliation (Amendment) Act, 2015, introduced the concept of the Arbitral Council of India, which functions as a specialized wing under the direct administrative control of the Bar Council of India.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 1 is correct. Statement 2 is correct. Statement 3 is incorrect.
Statement 1 is correct as the BCI's Legal Education Rules, 2008, mandate ADR as a clinical paper to ensure practical training for law students. Statement 2 is correct because Section 7(1)(i) of the Advocates Act, 1961, empowers the BCI to promote law reform, which includes fostering ADR as an alternative to litigation. Statement 3 is incorrect because the Arbitral Council of India was established under the Arbitration and Conciliation (Amendment) Act, 2019, as an independent statutory body under the aegis of the Ministry of Law and Justice, not as a wing of the Bar Council of India.
Consider the following statements regarding Summary Suits and ADR mechanisms:
1. The Arbitration and Conciliation (Amendment) Act, 2015, established the Arbitration Council of India to grade arbitral institutions and accredit arbitrators for domestic disputes.
2. Order XXXVII of the Code of Civil Procedure, 1908, governs summary suits, allowing for a faster disposal of cases involving liquidated demands or debts.
3. Section 89 of the Code of Civil Procedure, 1908, was introduced by the 1999 amendment to facilitate the settlement of disputes outside the formal court process.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 2 is correct. Statement 3 is correct. Statement 1 is incorrect.
Statement 1 is incorrect because the Arbitration Council of India was established by the 2019 Amendment Act, not the 2015 Act. Statement 2 is correct as Order XXXVII of the CPC, 1908, provides a summary procedure for recovery of debts or liquidated demands to ensure speedy justice. Statement 3 is correct because Section 89 was inserted into the CPC by the 1999 Amendment (enforced in 2002) to encourage ADR methods like arbitration, conciliation, and mediation to reduce the burden on courts.
Consider the following statements regarding Commercial Courts Act, 2015 and mandatory pre-litigation mediation:
1. Section 12A of the Commercial Courts Act, 2015 introduces the requirement of pre-institution mediation for suits that do not contemplate any urgent interim relief.
2. The Commercial Courts Act, 2015 provides for the constitution of Commercial Courts at the District level by the State Government in consultation with the concerned High Court.
3. The Commercial Courts (Pre-Institution Mediation and Settlement) Rules, 2018 designate the Legal Services Authorities constituted under the Legal Services Authorities Act, 1987 as the agencies for conducting mediation.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 1 is correct. Statement 2 is correct. Statement 3 is correct.
Statement 1 is correct as Section 12A mandates pre-institution mediation for commercial suits unless urgent interim relief is sought. Statement 2 is correct because Section 3 of the Act empowers State Governments to establish Commercial Courts at the District level in consultation with the respective High Court. Statement 3 is correct as the 2018 Rules designate the Legal Services Authorities, established under the 1987 Act, as the nodal agencies for facilitating these mandatory mediation proceedings.
Consider the following statements regarding Gram Nyayalayas Act, 2008 and local dispute resolution:
1. A Gram Nyayalaya consists of a Nyayadhikari, who is appointed by the State Government in consultation with the High Court and holds the same power as a Judicial Magistrate of the First Class.
2. Under Section 11 of the Gram Nyayalayas Act, 2008, the Gram Nyayalaya is not bound by the rules of evidence provided in the Indian Evidence Act, 1872.
3. The pecuniary jurisdiction of a Gram Nyayalaya is determined by the High Court of the respective state, and the Act allows for the transfer of pending civil suits from the High Court to the Gram Nyayalaya.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 1 is correct. Statement 2 is correct. Statement 3 is incorrect.
Statement 1 is correct as the Nyayadhikari is appointed by the State Government in consultation with the High Court and exercises the powers of a Judicial Magistrate of the First Class. Statement 2 is correct because Section 11 of the Act explicitly mandates that the Gram Nyayalaya shall be guided by the principles of natural justice and is not bound by the rules of evidence provided in the Indian Evidence Act, 1872. Statement 3 is incorrect because the pecuniary jurisdiction is determined by the State Government in consultation with the High Court, and the Act does not provide for the transfer of pending civil suits from the High Court to the Gram Nyayalaya.
Consider the following statements regarding Permanent Lok Adalats for Public Utility Services:
1. The Permanent Lok Adalat follows the Code of Civil Procedure, 1908, during its proceedings and maintains the same evidentiary standards as a regular civil court when determining the merits of a case.
2. The presiding officer of a Permanent Lok Adalat is a person who is, or has been, a District Judge or an Additional District Judge, and they hold office for a term of seven years as per the 2002 notification.
3. The Central Government, in consultation with the Supreme Court, notifies the public utility services, and the jurisdiction of Permanent Lok Adalats extends to disputes involving an amount exceeding fifty lakh rupees.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 1 is incorrect. Statement 2 is incorrect. Statement 3 is incorrect.
Statement 1 is incorrect because Permanent Lok Adalats are guided by principles of natural justice and equity, and are not bound by the Code of Civil Procedure, 1908, or the Indian Evidence Act, 1872. Statement 2 is incorrect as the presiding officer is a person who is, or has been, a District Judge or Additional District Judge, but the tenure is determined by the Central Government, not a 2002 notification. Statement 3 is incorrect because the pecuniary jurisdiction of Permanent Lok Adalats is restricted to disputes involving an amount up to ten lakh rupees, not fifty lakh rupees, and the limit can be enhanced by the Central Government.
Consider the following statements regarding Appointment of Arbitrators under Section 11:
1. The 2019 Amendment Act introduced a time-bound disposal mechanism for Section 11 applications, providing that the court shall dispose of the request within 60 days from the date of service of notice on the opposite party.
2. Section 11(12) of the Act provides that in the case of domestic arbitrations, the power of appointment is vested in the High Court, and this authority extends to the appointment of presiding arbitrators in ad-hoc proceedings.
3. The Arbitration and Conciliation (Amendment) Act, 2015, established the Arbitration Council of India to oversee the appointment process, and this body functions under the direct supervision of the Ministry of Law and Justice.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 1 is incorrect. Statement 2 is incorrect. Statement 3 is incorrect.
Statement 1 is incorrect because the 2019 Amendment does not specify a 60-day disposal limit for courts, but rather requires the court to 'endeavor' to dispose of the matter within 60 days. Statement 2 is incorrect because Section 11(12) clarifies that for domestic arbitrations, the power of appointment lies with the High Court, but the Supreme Court retains jurisdiction for international commercial arbitrations. Statement 3 is incorrect because the Arbitration Council of India was introduced by the 2019 Amendment Act, not the 2015 Act, and it functions as an independent body to promote ADR mechanisms rather than directly overseeing individual appointment processes.
Consider the following statements regarding Mediation Act, 2023 key features:
1. Foreign-seated mediation agreements are recognized under the Act as international mediation settlement agreements, provided they are registered with the High Court having territorial jurisdiction over the subject matter.
2. The Act includes a framework for community mediation, allowing for the resolution of disputes affecting the peace and harmony of a locality through a panel of three mediators appointed by the District Magistrate.
3. The Act specifies that the mediation process shall be completed within a period of 180 days from the date of the first appearance before the mediator, with a possible extension of 90 days by mutual consent.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 1 is incorrect. Statement 2 is incorrect. Statement 3 is incorrect.
Statement 1 is incorrect because the Act treats international mediation settlement agreements as enforceable as court decrees without requiring registration with the High Court. Statement 2 is incorrect as community mediation panels are appointed by the District Magistrate or an authorized officer, but the panel consists of three persons selected from a list of names proposed by the parties or the concerned authority, not exclusively by the Magistrate. Statement 3 is incorrect because the Act mandates the mediation process to be completed within 180 days, with a maximum extension of only 180 days (not 90) by mutual consent of the parties.
Consider the following statements regarding Judicial intervention limits in Arbitral proceedings:
1. The 2019 Amendment to the Arbitration and Conciliation Act established the Arbitration Council of India to grade arbitral institutions, and it empowered the Council to set aside arbitral awards on merits.
2. The Commercial Courts Act, 2015, created specialized divisions for resolving high-value disputes, and it allows for the automatic stay of an arbitral award upon the filing of a challenge petition under Section 34.
3. In the Venture Global Engineering v. Satyam Computer Services (2008) case, the court applied the principles of the 1996 Act to foreign awards, establishing that judicial intervention is permissible under Section 48 for all international commercial disputes.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 1 is incorrect. Statement 2 is incorrect. Statement 3 is incorrect.
Statement 1 is incorrect because while the 2019 Amendment established the Arbitration Council of India, it does not empower the Council to set aside arbitral awards on merits, as this remains a judicial function under Section 34. Statement 2 is incorrect because the 2015 Act does not provide for an automatic stay; under Section 36(3) of the Arbitration and Conciliation Act, a stay on the operation of an arbitral award must be specifically granted by the court, often subject to conditions. Statement 3 is incorrect because the Supreme Court in subsequent rulings, such as BALCO v. Kaiser Aluminium (2012), clarified that the 1996 Act does not apply to foreign awards in the manner suggested, and judicial intervention under Section 48 is strictly limited to specific grounds rather than a broad mandate for all international commercial disputes.
Consider the following statements regarding Online Dispute Resolution (ODR) frameworks:
1. The National Legal Services Authority (NALSA) introduced the e-Lok Adalat platform in 2015, which functions under the provisions of the Legal Services Authorities Act to handle criminal appeals through virtual hearings.
2. Section 11 of the Information Technology Act, 2000, provides the legal basis for the attribution of electronic records, which forms the technical foundation for authenticating digital signatures in ODR processes.
3. The Department of Justice under the Ministry of Law and Justice launched the 'Tele-Law' service in 2017, which facilitates pre-litigation advice and connects citizens with legal experts via video conferencing.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 2 is correct. Statement 3 is correct. Statement 1 is incorrect.
Statement 1 is incorrect because e-Lok Adalats are primarily designed for civil disputes and compounding of minor criminal offences, and they were not introduced in 2015; the first e-Lok Adalat was held in 2020 during the COVID-19 pandemic. Statement 2 is correct as Section 11 of the IT Act, 2000, establishes the legal framework for the attribution of electronic records, ensuring the validity of digital signatures in electronic transactions. Statement 3 is correct because the 'Tele-Law' service was launched by the Department of Justice in 2017 to provide pre-litigation legal advice to marginalized sections through a network of paralegal volunteers and lawyers via video conferencing.
Consider the following statements regarding International Commercial Arbitration in India:
1. The UNCITRAL Model Law on International Commercial Arbitration was adopted in 1985 and serves as the primary basis for the 1940 Arbitration Act currently governing domestic disputes in India.
2. The Arbitration and Conciliation (Amendment) Act, 2015 introduced the concept of the Emergency Arbitrator to provide interim relief before the constitution of an arbitral tribunal.
3. India is a signatory to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which is implemented through Part II of the Arbitration and Conciliation Act, 1996.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 2 is correct. Statement 3 is correct. Statement 1 is incorrect.
Statement 1 is incorrect because India's current framework is governed by the Arbitration and Conciliation Act, 1996, which replaced the outdated 1940 Act and is based on the UNCITRAL Model Law. Statement 2 is correct as the 2015 Amendment Act introduced provisions for interim measures, and the Supreme Court in 'Amazon v. Future Retail' (2021) affirmed the enforceability of Emergency Arbitrator awards under Indian law. Statement 3 is correct because India is a signatory to the 1958 New York Convention, and Part II of the 1996 Act specifically provides the legal mechanism for the recognition and enforcement of foreign arbitral awards.
Consider the following statements regarding Arbitration and Conciliation Act, 1996 amendments:
1. Under the 2015 Amendment, an application for setting aside an arbitral award under Section 34 automatically stays the operation of the award unless the court grants a specific order.
2. The UNCITRAL Model Law on International Commercial Arbitration serves as the foundational framework for the Arbitration and Conciliation Act of 1996.
3. The 2021 Amendment Act introduced an unconditional stay on the enforcement of arbitral awards where the underlying arbitration agreement or contract was induced by fraud or corruption.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 1 is correct. Statement 2 is correct. Statement 3 is correct.
Statement 1 is correct because the 2015 Amendment clarified that an automatic stay is not applicable, requiring the court to specifically grant a stay on the award. Statement 2 is correct as the 1996 Act was explicitly enacted to align Indian law with the UNCITRAL Model Law on International Commercial Arbitration. Statement 3 is correct because the 2021 Amendment mandates an unconditional stay on enforcement if a prima facie case is established that the arbitration agreement or the contract which is the basis of the award was induced or effected by fraud or corruption.
Consider the following statements regarding Conciliation proceedings and confidentiality:
1. The conciliation process concludes with the signing of a settlement agreement under Section 73, which possesses the same status as an arbitral award on agreed terms.
2. Under Section 77 of the Act, parties are prohibited from initiating arbitral or judicial proceedings during the conciliation process, and the conciliator holds the authority to act as an arbitrator in subsequent litigation between the same parties.
3. Rule 14 of the UNCITRAL Conciliation Rules specifies that confidentiality extends to the settlement agreement itself, except where its disclosure is necessary for implementation or enforcement.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 1 is correct. Statement 3 is correct. Statement 2 is incorrect.
Statement 1 is correct as Section 73 of the Arbitration and Conciliation Act, 1996, grants the settlement agreement the same legal status and effect as an arbitral award. Statement 3 is correct because UNCITRAL Conciliation Rules mandate confidentiality regarding the process, allowing disclosure of the settlement agreement only to the extent necessary for its implementation or enforcement. Statement 2 is incorrect because, while Section 77 restricts initiating proceedings during conciliation, Section 80 explicitly prohibits the conciliator from acting as an arbitrator, representative, or counsel in any subsequent arbitral or judicial proceedings involving the same dispute.
Consider the following statements regarding Settlement of disputes under MSME Development Act:
1. The Micro, Small and Medium Enterprises Development Act of 2006 establishes the Micro and Small Enterprises Facilitation Council to resolve delayed payment disputes.
2. Under Section 18 of the MSMED Act, any party to a dispute involving an amount due may make a reference to the Micro and Small Enterprises Facilitation Council.
3. Section 18 of the MSMED Act allows the Micro and Small Enterprises Facilitation Council to act as an arbitrator in disputes between two medium-sized enterprises located within the same state jurisdiction.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 1 is correct. Statement 2 is correct. Statement 3 is incorrect.
Statements 1 and 2 are correct as the MSMED Act, 2006, mandates the establishment of Micro and Small Enterprises Facilitation Councils (MSEFC) to resolve delayed payment disputes, allowing any supplier (micro or small enterprise) to refer a case under Section 18. Statement 3 is incorrect because the Act's dispute resolution mechanism is specifically designed for cases where the supplier is a micro or small enterprise; it does not extend to disputes between two medium-sized enterprises.
Consider the following statements regarding Legal Services Authorities Act, 1987 provisions:
1. The High Court Legal Services Committee is constituted by the State Legal Services Authority and includes the Chief Justice of the High Court as its ex-officio Chairman.
2. The criteria for providing legal services are specified under Section 12 of the Act, which includes members of Scheduled Castes or Scheduled Tribes.
3. The Supreme Court Legal Services Committee consists of a sitting judge of the Supreme Court as its Chairman and other members nominated by the Chief Justice of India.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 2 is correct. Statement 3 is correct. Statement 1 is incorrect.
Statement 1 is incorrect because the High Court Legal Services Committee is constituted by the National Legal Services Authority (NALSA), not the State Legal Services Authority, and its Chairman is a sitting judge of the High Court nominated by the Chief Justice. Statement 2 is correct as Section 12 of the Act explicitly lists members of SC/ST, women, children, and victims of trafficking among those eligible for free legal aid. Statement 3 is correct because, under Section 3A of the Act, the Supreme Court Legal Services Committee is composed of a sitting judge of the Supreme Court as Chairman and other members nominated by the Chief Justice of India.
Consider the following statements regarding Public Policy exception in Arbitral Awards:
1. The Supreme Court in the Renusagar Power Co. Ltd. v. General Electric Co. case (1994) established that the public policy defense under the Foreign Awards Act includes the interests of India and justice.
2. Under Section 34 of the Arbitration and Conciliation Act, 1996, a court may set aside an arbitral award if the decision is in conflict with the fundamental policy of Indian law.
3. The 2015 amendment introduced an explanation to Section 34, specifying that the test as to whether there is a contravention with the fundamental policy of Indian law does not entail a review on the merits of the dispute.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 1 is correct. Statement 2 is correct. Statement 3 is correct.
Statement 1 is correct as the Renusagar judgment (1994) narrowed the 'public policy' defense to three grounds: fundamental policy of India, interests of India, and justice or morality. Statement 2 is correct because Section 34(2)(b)(ii) of the 1996 Act explicitly allows courts to set aside awards that conflict with the fundamental policy of Indian law. Statement 3 is correct because the 2015 Amendment added an explanation to Section 34(2)(b)(ii) to clarify that the 'fundamental policy' test does not permit a court to review the merits of the dispute or re-examine evidence, thereby limiting judicial interference.
Consider the following statements regarding Settlement of disputes under MSME Development Act:
1. The 2017 Samadhaan portal initiative allows the Ministry of MSME to directly freeze the bank accounts of defaulting buyers upon the filing of a complaint by a micro-enterprise under Section 15 of the Act.
2. The Micro and Small Enterprises Facilitation Council functions under the administrative control of the Ministry of Finance and provides for a mandatory six-month timeline to conclude arbitration proceedings for all registered enterprises.
3. The MSMED Act of 2006 incorporates the provisions of the 1996 Arbitration Act for dispute resolution and establishes the National Company Law Tribunal as the primary appellate authority for delayed payment claims.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 1 is incorrect. Statement 2 is incorrect. Statement 3 is incorrect.
All three statements are incorrect because the Samadhaan portal is a monitoring tool for delayed payments and lacks the legal authority to freeze bank accounts; the Micro and Small Enterprises Facilitation Council (MSEFC) operates under the administrative control of State Governments, not the Ministry of Finance, and the 90-day timeline for arbitration is mandatory rather than six months. Furthermore, the MSMED Act specifies that the MSEFC or an appointed institution acts as the arbitrator under the Arbitration and Conciliation Act, 1996, but it does not designate the National Company Law Tribunal (NCLT) as the appellate authority for these specific delayed payment claims.
Consider the following statements regarding Enforceability of Foreign Arbitral Awards:
1. Public policy grounds for refusing enforcement of a foreign award under Section 48 include instances where the award conflicts with the fundamental policy of Indian law or the interests of the sovereign state.
2. The 1958 New York Convention allows a domestic court to review the merits of a foreign arbitral award if the seat of arbitration is located within a country that has not ratified the treaty.
3. Under the 1958 New York Convention, a party seeking enforcement of a foreign arbitral award provides the duly authenticated original award or a certified copy to the competent court.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 3 is correct. Statement 1 is incorrect. Statement 2 is incorrect.
Statement 3 is correct as Article IV of the 1958 New York Convention mandates that the party applying for enforcement must produce the duly authenticated original award or a certified copy. Statement 1 is incorrect because, while the 'fundamental policy of Indian law' is a ground for refusal under Section 48 of the Arbitration and Conciliation Act, the 'interests of the sovereign state' is not a recognized ground under the Convention or the Act. Statement 2 is incorrect because the New York Convention does not permit domestic courts to review the merits of a foreign award regardless of the seat's ratification status; courts are strictly limited to procedural review under Article V.
Consider the following statements regarding Settlement of disputes under MSME Development Act:
1. Section 16 of the MSMED Act specifies that the buyer shall be liable to pay compound interest with monthly rests to the supplier at three times the bank rate notified by the Reserve Bank of India.
2. The Samadhaan portal, launched by the Ministry of MSME in October 2017, enables suppliers to file applications online regarding delayed payments by buyers.
3. The MSMED Act provides that the Micro and Small Enterprises Facilitation Council shall conduct conciliation in accordance with the provisions of Sections 65 to 81 of the Arbitration and Conciliation Act, 1996.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 1 is correct. Statement 2 is correct. Statement 3 is correct.
Statement 1 is correct as Section 16 of the MSMED Act mandates compound interest at three times the bank rate for delayed payments. Statement 2 is correct because the Samadhaan portal was indeed launched in October 2017 to facilitate online filing of delayed payment grievances by MSMEs. Statement 3 is correct as Section 18(2) of the MSMED Act explicitly mandates that the Facilitation Council must follow the conciliation procedures outlined in Sections 65 to 81 of the Arbitration and Conciliation Act, 1996.
Consider the following statements regarding Conciliation proceedings and confidentiality:
1. Section 65 of the Arbitration and Conciliation Act, 1996, allows the conciliator to invite parties to submit written statements of their positions and permits the disclosure of these documents to the High Court for judicial review.
2. The 1996 Act incorporates the 1985 UNCITRAL Model Law on International Commercial Arbitration, which contains specific provisions for the mandatory public disclosure of settlement terms in cases involving state-owned enterprises.
3. Section 81 of the Act prevents parties from relying on or introducing as evidence in other proceedings any views expressed or suggestions made by the other party during conciliation.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 3 is correct. Statement 1 is incorrect. Statement 2 is incorrect.
Statement 3 is correct because Section 81 of the Arbitration and Conciliation Act, 1996, mandates the confidentiality of conciliation proceedings, barring parties from using suggestions or admissions made during the process as evidence in other legal forums. Statement 1 is incorrect because Section 65 allows the conciliator to request written statements but strictly prohibits the disclosure of these documents to courts, maintaining the process's private nature. Statement 2 is incorrect because the Act incorporates the 1980 UNCITRAL Conciliation Rules, not the 1985 Model Law on Arbitration, and it contains no provisions for mandatory public disclosure of settlement terms for state-owned enterprises.
Consider the following statements regarding Role of NITI Aayog in ADR promotion:
1. The 2019 amendment to the Arbitration and Conciliation Act, 1996, incorporated several recommendations made by the High-Level Committee chaired by Justice B.N. Srikrishna, which was constituted by NITI Aayog.
2. NITI Aayog collaborated with the Ministry of Law and Justice to launch the 'Online Dispute Resolution (ODR) Handbook' in 2021 to facilitate remote resolution of small and medium-value disputes.
3. The NITI Aayog's 'Strategy for New India @ 75' document identifies the reduction of the pendency of cases in courts as a key performance indicator, emphasizing the expansion of ADR mechanisms like Lok Adalats.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 1 is correct. Statement 2 is correct. Statement 3 is correct.
Statement 1 is correct as the 2019 Amendment Act implemented key recommendations from the B.N. Srikrishna Committee, specifically regarding the establishment of the Arbitration Council of India. Statement 2 is correct because NITI Aayog, in partnership with the Ministry of Law and Justice and Agami/Omidyar Network, released the ODR Handbook in 2021 to promote digital dispute resolution. Statement 3 is correct as the 'Strategy for New India @ 75' explicitly prioritizes judicial reforms, advocating for the increased use of Lok Adalats and ADR to reduce the massive backlog of cases in the Indian judiciary.
Consider the following statements regarding Lok Adalat jurisdiction and finality of awards:
1. Under Section 21 of the Legal Services Authorities Act, 1987, an award made by a Lok Adalat is deemed to be a decree of a civil court and is final and binding on all parties to the dispute.
2. A Lok Adalat possesses the jurisdiction to determine and arrive at a compromise or settlement between parties to a dispute in respect of any matter pending before any court, or any matter which is falling within the jurisdiction of, and is not brought before, any court.
3. The Legal Services Authorities Act of 1987 grants the status of a civil court to every Lok Adalat for the purpose of summoning witnesses and enforcing their attendance.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 1 is correct. Statement 2 is correct. Statement 3 is correct.
All three statements are correct under the Legal Services Authorities Act, 1987: Statement 1 accurately reflects Section 21, which grants Lok Adalat awards the status of a civil court decree, making them final and non-appealable. Statement 2 is correct as Section 19 empowers Lok Adalats to settle both pending court cases and pre-litigation matters. Statement 3 is also correct because Section 22 of the Act confers the powers of a civil court upon Lok Adalats specifically for summoning witnesses, enforcing attendance, and examining them on oath.
Consider the following statements regarding Permanent Lok Adalats for Public Utility Services:
1. Public utility services under the Act include transport services by air, road, or water, and postal, telegraph, or telephone services, along with any other service declared by the State Government as a public utility.
2. Parties to a dispute before a Permanent Lok Adalat are permitted to invoke the jurisdiction of a civil court for the same matter once the conciliation proceedings have reached a stalemate.
3. The award made by a Permanent Lok Adalat is considered a decree of a civil court and is subject to an appeal before the High Court of the respective state under the provisions of the 1987 Act.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 1 is incorrect. Statement 2 is incorrect. Statement 3 is incorrect.
Statement 1 is incorrect because the power to declare a service as a public utility rests with the Central or State Government, but the Act specifically lists services like transport, postal, and power, and the definition is governed by Section 22A of the Legal Services Authorities Act, 1987. Statement 2 is incorrect as Section 22C(8) bars parties from invoking the jurisdiction of any court once a dispute is brought before a Permanent Lok Adalat. Statement 3 is incorrect because, while the award is deemed a decree of a civil court, it is final and binding on all parties, and the Act does not provide for an appeal against the award of a Permanent Lok Adalat.
Consider the following statements regarding Court-Annexed Mediation centers:
1. The National Legal Services Authority (NALSA) provides guidelines for the establishment of mediation centers within the premises of District Legal Services Authorities.
2. In the case of Salem Advocate Bar Association v. Union of India (2005), the Supreme Court upheld the validity of Section 89 of the Code of Civil Procedure.
3. The 129th Report of the Law Commission of India recommended the introduction of mediation as a primary mode of dispute resolution in the Indian judicial system.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 1 is correct. Statement 2 is correct. Statement 3 is correct.
Statement 1 is correct as NALSA, under the Legal Services Authorities Act, 1987, facilitates mediation centers to promote amicable settlements. Statement 2 is correct because the Supreme Court in Salem Advocate Bar Association v. Union of India (2005) affirmed the constitutional validity of Section 89 of the CPC, which mandates courts to encourage ADR methods. Statement 3 is correct as the 129th Law Commission Report specifically advocated for the formal introduction of mediation to reduce the backlog of cases in the Indian judiciary.
Consider the following statements regarding Appointment of Arbitrators under Section 11:
1. The 2019 Amendment to the Arbitration and Conciliation Act introduced Section 11(3A), which empowers the Supreme Court to designate arbitral institutions for the appointment of arbitrators in international commercial arbitrations.
2. Under Section 11(6) of the Arbitration and Conciliation Act, 1996, a party may request the Chief Justice or their designate to take the necessary measure to appoint an arbitrator if the agreed appointment procedure fails.
3. The UNCITRAL Model Law on International Commercial Arbitration, which forms the basis of the 1996 Act, includes a provision under Article 11 that allows the President of the International Court of Justice to act as the default appointing authority.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 1 is correct. Statement 2 is correct. Statement 3 is incorrect.
Statement 1 is correct as the 2019 Amendment introduced Section 11(3A) to promote institutional arbitration by allowing the Supreme Court or High Courts to designate arbitral institutions for arbitrator appointments. Statement 2 is correct because Section 11(6) provides a statutory mechanism for judicial intervention when parties fail to follow the agreed-upon appointment procedure. Statement 3 is incorrect because the UNCITRAL Model Law does not designate the President of the International Court of Justice as a default appointing authority; instead, it typically empowers the court or other competent authority of the state where the arbitration is seated to perform this function.
Consider the following statements regarding Role of NITI Aayog in ADR promotion:
1. The 2019 Arbitration and Conciliation Amendment Act introduced a fixed timeline of 18 months for the completion of domestic arbitral proceedings, a provision originally suggested in the 2015 NITI Aayog report on Ease of Doing Business.
2. NITI Aayog released the 'Draft Note on the Establishment of an Independent Body for Institutional Arbitration' in 2016 to promote India as a global hub for international arbitration.
3. The 2016 Draft Note on Institutional Arbitration proposed the creation of the Arbitration Council of India, which functions as a statutory body under the direct administrative control of the NITI Aayog.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 2 is correct. Statement 1 is incorrect. Statement 3 is incorrect.
Statement 2 is correct as NITI Aayog's 2016 'Draft Note' was a pivotal step in proposing a framework to establish India as a global arbitration hub. Statement 1 is incorrect because the 12-month timeline for domestic arbitral awards was introduced by the 2015 Act, not the 2019 Amendment. Statement 3 is incorrect because the Arbitration Council of India (ACI) was established by the 2019 Amendment Act as an independent statutory body under the Ministry of Law and Justice, not under the administrative control of NITI Aayog.
Consider the following statements regarding Institutional Arbitration vs Ad-hoc Arbitration:
1. The Arbitration Council of India functions under the Ministry of Law and Justice, and its chairperson is selected by the President of India based on the recommendations of the Bar Council of India.
2. Ad-hoc arbitration is governed by the 2019 Amendment Act, which creates a centralized registry for all private arbitral awards to ensure compliance with the 1958 New York Convention.
3. Institutional arbitration relies on the 1996 Act for its procedural framework, and the International Chamber of Commerce provides the primary administrative oversight for all domestic commercial disputes in India.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 1 is incorrect. Statement 2 is incorrect. Statement 3 is incorrect.
Statement 1 is incorrect because the Chairperson of the Arbitration Council of India is appointed by the Central Government in consultation with the Chief Justice of India, not the Bar Council. Statement 2 is incorrect as the 2019 Amendment does not create a centralized registry for all private awards, and ad-hoc arbitration is primarily defined by parties choosing their own rules rather than being strictly governed by a centralized registry. Statement 3 is incorrect because the International Chamber of Commerce is a private global body and does not provide administrative oversight for all domestic commercial disputes in India, which are instead governed by the Arbitration and Conciliation Act, 1996.
Consider the following statements regarding Online Dispute Resolution (ODR) frameworks:
1. The Arbitration and Conciliation Act of 1996 serves as the primary legislative framework in India, and its provisions are applied to ODR proceedings to ensure the enforceability of digital awards.
2. The NITI Aayog committee report on Online Dispute Resolution, published in 2021, identifies ODR as a mechanism to resolve disputes outside the traditional courtroom environment using digital technology.
3. The UNCITRAL Model Law on International Commercial Arbitration, adopted in 1985, includes specific chapters on blockchain-based smart contracts and their automatic execution in cross-border trade.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 1 is correct. Statement 2 is correct. Statement 3 is incorrect.
Statement 1 is correct as the Arbitration and Conciliation Act, 1996, provides the legal backbone for arbitration in India, covering digital proceedings under the Information Technology Act, 2000. Statement 2 is correct because NITI Aayog's 2021 report, 'Designing the Future of Dispute Resolution,' formally championed ODR as a scalable, cost-effective digital alternative to traditional litigation. Statement 3 is incorrect because the 1985 UNCITRAL Model Law predates blockchain technology and does not contain provisions for smart contracts; while UNCITRAL works on digital trade, these specific advancements are not part of the 1985 framework.
Consider the following statements regarding Public Policy exception in Arbitral Awards:
1. The 1996 Arbitration Act draws heavily from the 1958 New York Convention, which provides a specific definition of public policy to be applied by domestic courts during the enforcement of foreign awards.
2. The 2015 amendment to the Arbitration and Conciliation Act narrowed the scope of 'public policy' by clarifying that an award conflicts with it only if it is induced by fraud or corruption.
3. The UNCITRAL Model Law on International Commercial Arbitration, adopted in 1985, includes a comprehensive list of public policy violations that member states incorporate into their domestic statutes.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 2 is correct. Statement 1 is incorrect. Statement 3 is incorrect.
Statement 2 is correct because the 2015 Amendment Act restricted the 'public policy' ground by specifying that an award is in conflict only if it is induced by fraud, corruption, or violates the fundamental policy of Indian law. Statement 1 is incorrect because the 1958 New York Convention does not define 'public policy,' leaving it to the discretion of the enforcing state's courts. Statement 3 is incorrect because the 1985 UNCITRAL Model Law intentionally omitted a comprehensive list of public policy violations, recognizing that the concept is fluid and varies significantly across different legal jurisdictions.
Consider the following statements regarding Court-Annexed Mediation centers:
1. The Mediation Act, 2023, received the assent of the President of India on 15 September 2023 to promote and facilitate mediation.
2. Section 89 of the Code of Civil Procedure, 1908, provides the legal foundation for courts to encourage settlement of disputes through mediation.
3. The Supreme Court Mediation and Conciliation Project Committee was established in 2005 to oversee the implementation of mediation programs across India.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 1 is correct. Statement 2 is correct. Statement 3 is correct.
All three statements are correct: The Mediation Act, 2023, was indeed enacted to institutionalize mediation and received Presidential assent on 15 September 2023. Section 89 of the Code of Civil Procedure (CPC), 1908, introduced via the 1999 amendment, mandates courts to facilitate out-of-court settlements, including mediation. Furthermore, the Supreme Court established the Mediation and Conciliation Project Committee (MCPC) in 2005 to develop, coordinate, and implement mediation training and awareness programs across the Indian judiciary.
Consider the following statements regarding Summary Suits and ADR mechanisms:
1. The Commercial Courts Act, 2015, introduced mandatory pre-institution mediation for commercial disputes where no urgent interim relief is sought by the parties.
2. The Legal Services Authorities Act, 1987, empowers the National Legal Services Authority to conduct Lok Adalats for criminal cases, including those involving non-compoundable offenses.
3. The Lok Adalat system received statutory recognition under the Legal Services Authorities Act, 1987, which provides that awards passed by them are deemed to be civil court decrees.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 1 is correct. Statement 3 is correct. Statement 2 is incorrect.
Statement 1 is correct as Section 12A of the Commercial Courts Act, 2015, mandates pre-institution mediation for commercial disputes unless urgent interim relief is sought. Statement 3 is correct because the Legal Services Authorities Act, 1987, grants Lok Adalat awards the status of a civil court decree, making them final and binding. Statement 2 is incorrect because Lok Adalats can only settle compoundable criminal offenses; they lack the jurisdiction to adjudicate non-compoundable criminal cases, which must be decided by regular courts.
Consider the following statements regarding Lok Adalat jurisdiction and finality of awards:
1. The Supreme Court of India in the P.T. Thomas v. Thomas Job case held that a Lok Adalat award can be challenged by filing a regular appeal in the High Court under Section 96 of the Code of Civil Procedure.
2. The Permanent Lok Adalats were introduced through the 2002 amendment to the Legal Services Authorities Act, and they hold jurisdiction over disputes involving public utility services with a pecuniary value exceeding ten lakh rupees.
3. The National Legal Services Authority was constituted in 1995 to oversee the implementation of Lok Adalats, and it functions under the direct administrative control of the Ministry of Home Affairs.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 1 is incorrect. Statement 2 is incorrect. Statement 3 is incorrect.
Statement 1 is incorrect because the Supreme Court in P.T. Thomas v. Thomas Job held that a Lok Adalat award is equivalent to a civil court decree and is final, meaning no appeal lies against it under Section 96 of the CPC. Statement 2 is incorrect as the Legal Services Authorities (Amendment) Act, 2002 established Permanent Lok Adalats for public utility services, but they have jurisdiction regardless of any upper pecuniary limit. Statement 3 is incorrect because the National Legal Services Authority (NALSA) functions under the administrative control of the Ministry of Law and Justice, not the Ministry of Home Affairs.
Consider the following statements regarding Lok Adalat jurisdiction and finality of awards:
1. The District Legal Services Authority is headed by the District Judge, and it maintains the power to transfer cases from a regular civil court to a Lok Adalat even if one of the parties objects to the referral.
2. The Lok Adalat system draws its constitutional validity from Article 39A of the Constitution, which was inserted by the 42nd Amendment Act of 1976 to provide for the establishment of village-level judicial panchayats.
3. State Legal Services Authorities are chaired by the Chief Justice of the respective High Court, and they are empowered to frame regulations for the conduct of Lok Adalats subject to the approval of the State Legislative Assembly.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 1 is incorrect. Statement 2 is incorrect. Statement 3 is incorrect.
Statement 1 is incorrect because a court can refer a case to Lok Adalat only if both parties agree or if one party applies to the court for it. Statement 2 is incorrect because while Article 39A promotes equal justice, it does not mandate village-level judicial panchayats; the Legal Services Authorities Act, 1987 provides the statutory basis for Lok Adalats. Statement 3 is incorrect because the State Legal Services Authority is headed by the Chief Justice of the High Court, but its regulations are subject to the approval of the State Government, not the State Legislative Assembly.
Consider the following statements regarding Online Dispute Resolution (ODR) frameworks:
1. The Ministry of Electronics and Information Technology launched the 'e-Courts Mission Mode Project' in 2006, which provides for the direct adjudication of property disputes through an automated AI-driven portal.
2. The 2020 amendment to the Commercial Courts Act allows for the mandatory use of ODR for all civil suits valued above five lakh rupees, provided the parties have a registered digital identity.
3. The Supreme Court of India, in the case of Afcons Infrastructure Ltd. v. Cheran Varkey Construction Co. (2010), recognized the validity of various ADR methods including mediation and conciliation for civil disputes.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 3 is correct. Statement 1 is incorrect. Statement 2 is incorrect.
Statement 3 is correct as the Supreme Court in Afcons Infrastructure Ltd. v. Cheran Varkey Construction Co. (2010) clarified that Section 89 of the CPC mandates courts to direct parties to ADR methods like mediation and conciliation. Statement 1 is incorrect because the e-Courts Mission Mode Project, launched in 2006 under the e-Committee of the Supreme Court, focuses on ICT-enabling the judiciary rather than providing AI-driven adjudication for property disputes. Statement 2 is incorrect because there is no 2020 amendment to the Commercial Courts Act mandating ODR for civil suits; while NITI Aayog has promoted ODR, it remains largely voluntary and not a statutory requirement for civil litigation.
Consider the following statements regarding Appointment of Arbitrators under Section 11:
1. Under the 2015 Amendment, the appointment of an arbitrator by the Supreme Court or High Court is considered a final order, and such orders are subject to appeal under Section 37 of the Act before a Division Bench.
2. The Supreme Court in the 'SBP & Co. v. Patel Engineering Ltd.' (2005) judgment clarified that the power exercised by the Chief Justice under Section 11 is a judicial power rather than an administrative function.
3. The Supreme Court in 'Konkan Railway Corp. Ltd. v. Rani Construction Pvt. Ltd.' (2000) held that the appointment of an arbitrator is a ministerial act, and this interpretation remains the governing precedent for all Section 11 proceedings today.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 2 is correct. Statement 1 is incorrect. Statement 3 is incorrect.
Statement 2 is correct because the 2005 SBP & Co. judgment overruled previous rulings, establishing that the Chief Justice's power under Section 11 is judicial. Statement 1 is incorrect because Section 11(7) explicitly states that no appeal, including a Letters Patent Appeal, lies against an order passed by the High Court or Supreme Court under this section. Statement 3 is incorrect because the 'ministerial act' view held in Konkan Railway (2000) was specifically overruled by the SBP & Co. (2005) judgment, meaning it is no longer the governing precedent.
Consider the following statements regarding Permanent Lok Adalats for Public Utility Services:
1. The Legal Services Authorities (Amendment) Act, 2002, introduced Chapter VI-A to establish Permanent Lok Adalats for the settlement of disputes concerning public utility services.
2. The Permanent Lok Adalat consists of a Chairman and two other persons having adequate experience in public utility services, who are nominated by the District Magistrate of the concerned district.
3. Conciliation proceedings in a Permanent Lok Adalat are conducted by the Chairman, and if the parties fail to reach an agreement, the Chairman refers the dispute to the State Legal Services Authority for final adjudication.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 1 is correct. Statement 2 is incorrect. Statement 3 is incorrect.
Statement 1 is correct as the Legal Services Authorities (Amendment) Act, 2002, inserted Chapter VI-A to establish Permanent Lok Adalats for public utility services. Statement 2 is incorrect because the members are nominated by the State Legal Services Authority, not the District Magistrate. Statement 3 is incorrect because if parties fail to reach a settlement, the Permanent Lok Adalat itself is empowered to adjudicate the dispute on merits, rather than referring it to the State Legal Services Authority.
Consider the following statements regarding Arbitration and Conciliation Act, 1996 amendments:
1. The 2015 Amendment Act incorporated the UNCITRAL Rules of 1976 into the domestic framework and established the Supreme Court as the sole authority for appointing arbitrators in all international commercial disputes.
2. Section 11 of the 1996 Act was amended in 2019 to allow the High Court to designate arbitral institutions for the appointment of arbitrators, provided the parties have registered their agreement with the Registrar of Companies.
3. The Arbitration Council of India, constituted under the 2019 Amendment, functions under the administrative control of the Ministry of Law and Justice and maintains a national repository of all private arbitration awards.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 1 is incorrect. Statement 2 is incorrect. Statement 3 is incorrect.
Statement 1 is incorrect because the 2015 Amendment introduced the 'High Court' (not Supreme Court) as the authority for appointing arbitrators in international commercial arbitrations. Statement 2 is incorrect as the 2019 Amendment allows the Supreme Court or High Court to designate arbitral institutions graded by the Arbitration Council of India, without any requirement for registration with the Registrar of Companies. Statement 3 is incorrect because the Arbitration Council of India is mandated to maintain a repository of arbitral awards (not private awards) and its primary function is to promote institutional arbitration rather than storing private settlement records.
Consider the following statements regarding Gram Nyayalayas Act, 2008 and local dispute resolution:
1. The Law Commission of India in its 114th Report recommended the establishment of Gram Nyayalayas, which subsequently led to the inclusion of the Act under the Seventh Schedule of the Constitution.
2. Appeals against the judgments of a Gram Nyayalaya in criminal cases are filed directly before the High Court, whereas civil appeals are heard by the District Court within a period of thirty days.
3. Gram Nyayalayas are empowered to exercise both civil and criminal jurisdiction, and the Act includes provisions for the Nyayadhikari to conduct proceedings in mobile courts at the headquarters of the Gram Panchayat.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 1 is incorrect. Statement 2 is incorrect. Statement 3 is incorrect.
Statement 1 is incorrect because the Gram Nyayalayas Act is a central legislation enacted under the Concurrent List (Entry 11A, List III), not the Seventh Schedule itself. Statement 2 is incorrect because, under the Act, criminal appeals lie to the Sessions Court and civil appeals to the District Court, both within a period of 30 days. Statement 3 is incorrect because, while Gram Nyayalayas exercise both jurisdictions, the Act mandates that they conduct proceedings at the headquarters of the Gram Panchayat, not merely as mobile courts, and they are presided over by a Nyayadhikari who is eligible to be a Judicial Magistrate of the First Class.
Consider the following statements regarding Judicial intervention limits in Arbitral proceedings:
1. The 2015 Amendment to the Arbitration and Conciliation Act introduced Section 29A, which sets a timeline of 12 months for the completion of arbitral proceedings from the date of the tribunal's constitution.
2. Under Section 34 of the Arbitration and Conciliation Act, 1996, an arbitral award is subject to challenge on the grounds of public policy, provided the application is filed within three months of receiving the award.
3. The Supreme Court in the BALCO v. Kaiser Aluminium Technical Services (2012) judgment clarified that Part I of the 1996 Act applies only to arbitrations where the seat is in India.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 1 is correct. Statement 2 is correct. Statement 3 is correct.
Statement 1 is correct as Section 29A, inserted by the 2015 Amendment, mandates a 12-month timeline for awards to ensure speedy resolution. Statement 2 is correct because Section 34 allows challenges based on public policy, with a strict limitation period of three months (extendable by 30 days) from the date of receipt of the award. Statement 3 is correct as the landmark BALCO judgment established the 'seat-centric' approach, ruling that Part I of the Act applies exclusively to arbitrations seated within India, thereby limiting judicial interference in foreign-seated arbitrations.
Consider the following statements regarding Public Policy exception in Arbitral Awards:
1. The Arbitration and Conciliation (Amendment) Act of 2019 added a new section allowing the court to review the factual findings of an arbitrator if the award is challenged on the grounds of public policy.
2. In the ONGC v. Saw Pipes Ltd. case (2003), the Supreme Court expanded the scope of public policy to include patent illegality, a provision that was subsequently removed by the 2015 amendment for international commercial arbitrations.
3. The Geneva Protocol on Arbitration Clauses of 1923 serves as the primary international framework for determining whether an arbitral award violates the public policy of the country where enforcement is sought.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 1 is incorrect. Statement 2 is incorrect. Statement 3 is incorrect.
Statement 1 is incorrect because the 2015 and 2019 amendments aimed to restrict judicial intervention, not allow courts to review factual findings of an arbitrator. Statement 2 is incorrect because while the 2015 amendment restricted 'patent illegality' for international commercial arbitrations, it explicitly retained 'patent illegality' as a ground for challenging domestic awards under Section 34. Statement 3 is incorrect because the New York Convention of 1958, not the 1923 Geneva Protocol, serves as the primary international framework governing the enforcement of foreign arbitral awards and the public policy exception.
Consider the following statements regarding Judicial intervention limits in Arbitral proceedings:
1. The UNCITRAL Model Law on International Commercial Arbitration, adopted in 1985, serves as the foundation for the 1996 Act and grants courts the power to appoint arbitrators in ad hoc proceedings without party request.
2. Section 5 of the Arbitration and Conciliation Act, 1996, limits judicial intervention in arbitral proceedings to instances specifically provided for in Part I of the Act.
3. Section 37 of the Arbitration and Conciliation Act provides for appeals against orders of the arbitral tribunal, including interim measures granted under Section 17, which are subject to review by the Supreme Court as the final appellate authority.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 2 is correct. Statement 1 is incorrect. Statement 3 is incorrect.
Statement 2 is correct as Section 5 of the 1996 Act explicitly mandates that no judicial authority shall intervene in matters governed by Part I except where provided. Statement 1 is incorrect because the 1996 Act requires a party to approach the court for the appointment of an arbitrator under Section 11, rather than the court acting suo motu. Statement 3 is incorrect because Section 37 lists specific appealable orders, and while it allows appeals against Section 17 orders, the Supreme Court is not the automatic final appellate authority for all such matters, as the High Court is the primary appellate forum for most Section 37 appeals.
Consider the following statements regarding Legal Services Authorities Act, 1987 provisions:
1. Section 19 of the Act empowers State Legal Services Authorities to organize Lok Adalats at such intervals and places as deemed appropriate.
2. The National Legal Services Authority (NALSA) is headed by the Chief Justice of India, who serves as the Patron-in-Chief.
3. The Legal Services Authorities Act was enacted in 1987 to provide free and competent legal services to the weaker sections of the society.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 1 is correct. Statement 2 is correct. Statement 3 is correct.
All three statements are correct: Section 19 of the Act mandates State and District Legal Services Authorities to organize Lok Adalats to facilitate amicable settlements; NALSA is constituted under the Act with the Chief Justice of India as its Patron-in-Chief and the senior-most judge of the Supreme Court as Executive Chairman; and the Act was enacted in 1987 to fulfill the constitutional mandate of Article 39A, ensuring free legal aid to eligible weaker sections of society.
Consider the following statements regarding Enforceability of Foreign Arbitral Awards:
1. The Arbitration and Conciliation (Amendment) Act of 2015 introduced Section 48 to align Indian law with the New York Convention standards for refusing enforcement of foreign awards.
2. The Reciprocating Territory status under Section 44 of the Arbitration and Conciliation Act is granted by the Ministry of Law and Justice through a notification in the Official Gazette based on the 1927 Geneva Protocol.
3. The 1996 Arbitration and Conciliation Act incorporates the UNCITRAL Model Law on International Commercial Arbitration and grants the High Court original jurisdiction over all foreign award enforcement petitions.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 1 is correct. Statement 2 is incorrect. Statement 3 is incorrect.
Statement 1 is correct as the 2015 Amendment Act clarified the grounds for refusing enforcement of foreign awards under Section 48 to align with the New York Convention. Statement 2 is incorrect because Reciprocating Territory status is notified by the Central Government, not specifically the Ministry of Law and Justice, and it pertains to the New York Convention (1958), not the 1927 Geneva Protocol. Statement 3 is incorrect because the Arbitration and Conciliation Act, 1996, does not grant the High Court exclusive original jurisdiction over all foreign award enforcement petitions; such jurisdiction is generally vested in the Principal Civil Court of original jurisdiction, which includes the High Court only where it exercises ordinary original civil jurisdiction.
Consider the following statements regarding Role of NITI Aayog in ADR promotion:
1. The 'Strategy for New India @ 75' document proposes the integration of private mediation clauses into the Code of Civil Procedure, 1908, to provide a legislative basis for the NITI Aayog's mediation initiatives.
2. The 2021 NITI Aayog report on 'Designing the Future of Dispute Resolution' suggests that the International Centre for Alternative Dispute Resolution (ICADR) operates as a subsidiary of the NITI Aayog to oversee domestic arbitration standards.
3. The ODR Handbook published in 2021 by NITI Aayog establishes a mandatory framework for e-commerce platforms to resolve consumer grievances through court-annexed mediation centers.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 1 is incorrect. Statement 2 is incorrect. Statement 3 is incorrect.
All three statements are incorrect because NITI Aayog's 'Strategy for New India @ 75' focuses on ADR capacity building rather than amending the Code of Civil Procedure for mediation clauses. The ICADR was brought under the administrative control of the Ministry of Law and Justice via the New Delhi International Arbitration Centre Act, 2019, not as a subsidiary of NITI Aayog. Furthermore, the 2021 ODR Handbook serves as a policy guide for Online Dispute Resolution and does not mandate e-commerce platforms to use court-annexed mediation centers, as ODR is intended to be a voluntary and technology-driven alternative to traditional litigation.
Consider the following statements regarding Enforceability of Foreign Arbitral Awards:
1. The Geneva Convention of 1927, concerning the Execution of Foreign Arbitral Awards, precedes the New York Convention and remains relevant for awards rendered in certain non-signatory jurisdictions.
2. Section 47 of the Arbitration and Conciliation Act provides for the production of evidence during enforcement proceedings and permits the court to appoint an independent arbitrator to verify the award's authenticity.
3. The Supreme Court of India in the BALCO v. Kaiser Aluminium Technical Services case clarified that Part I of the Arbitration and Conciliation Act 1996 applies to arbitrations seated in India.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 1 is correct. Statement 3 is correct. Statement 2 is incorrect.
Statement 1 is correct as the 1927 Geneva Convention remains applicable for awards from non-New York Convention countries, while Statement 3 is correct because the landmark 2012 BALCO judgment established that Part I of the Act applies only to India-seated arbitrations, excluding foreign-seated ones. Statement 2 is incorrect because, while Section 47 mandates the production of evidence like the original award and agreement, the Arbitration and Conciliation Act does not empower courts to appoint an independent arbitrator to verify the authenticity of a foreign award.
Consider the following statements regarding Role of the Bar Council in ADR training:
1. The National Legal Services Authority Act, 1987, empowers the Bar Council of India to appoint mediators for Lok Adalats, and these appointments are subject to ratification by the Supreme Court of India.
2. The Bar Council of India released the Model ADR Training Manual in 2012, which draws its legal authority from the 2002 amendments to the Code of Civil Procedure, 1908, specifically Section 89.
3. The All India Bar Examination, introduced by the Bar Council of India in 2010, features questions on the Arbitration and Conciliation Act, 1996, to assess practitioner competency.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 3 is correct. Statement 1 is incorrect. Statement 2 is incorrect.
Statement 3 is correct as the All India Bar Examination (AIBE) includes the Arbitration and Conciliation Act, 1996, in its syllabus to ensure baseline competency in ADR mechanisms. Statement 1 is incorrect because the Legal Services Authorities Act, 1987, empowers the State or District Legal Services Authorities to organize Lok Adalats and appoint mediators, not the Bar Council of India. Statement 2 is incorrect because while Section 89 of the Code of Civil Procedure (introduced in 2002) mandates ADR, the Bar Council of India did not release a 'Model ADR Training Manual' in 2012; rather, training frameworks are primarily governed by the Mediation and Conciliation Project Committee (MCPC) of the Supreme Court.
Consider the following statements regarding Legal Services Authorities Act, 1987 provisions:
1. The District Legal Services Authority is chaired by the District Judge and functions under the direct administrative control of the Union Ministry of Law and Justice.
2. Under the provisions of the Act, an award made by a Lok Adalat is deemed to be a decree of a civil court and is final and binding on all parties.
3. The Legal Services Authorities Act of 1987 introduced the concept of Permanent Lok Adalats, which were initially established to handle cases related to public utility services under the 1994 amendment.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 2 is correct. Statement 1 is incorrect. Statement 3 is incorrect.
Statement 2 is correct because under Section 21 of the Act, every award of a Lok Adalat is deemed a decree of a civil court, final and binding, with no provision for appeal. Statement 1 is incorrect because while the District Judge chairs the DLSA, it functions under the guidance and direction of the State Legal Services Authority, not the Union Ministry. Statement 3 is incorrect because the concept of Permanent Lok Adalats for public utility services was introduced by the Legal Services Authorities (Amendment) Act, 2002, not 1994.
Consider the following statements regarding Arbitration and Conciliation Act, 1996 amendments:
1. The 2019 Amendment Act established the Arbitration Council of India as an independent body to grade arbitral institutions and accredit arbitrators.
2. Section 29A, inserted by the 2015 Amendment, provides a timeline of 12 months for the arbitral tribunal to render an award from the date of completion of pleadings.
3. The Arbitration and Conciliation (Amendment) Act of 2015 introduced the Sixth Schedule to provide for the neutrality of arbitrators by specifying grounds for ineligibility.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 1 is correct. Statement 2 is correct. Statement 3 is correct.
Statement 1 is correct as the 2019 Amendment established the Arbitration Council of India (ACI) to promote institutional arbitration and grade arbitral institutions. Statement 2 is correct because Section 29A, introduced in 2015, mandates that an arbitral award must be made within 12 months from the date the arbitral tribunal receives notice of their appointment (not pleadings). Statement 3 is correct as the 2015 Amendment introduced the Fifth and Seventh Schedules, which outline specific grounds for the ineligibility and neutrality of arbitrators to prevent conflicts of interest.
Consider the following statements regarding Commercial Courts Act, 2015 and mandatory pre-litigation mediation:
1. Commercial Appellate Courts are established at the District level to hear appeals against the orders and decrees passed by Commercial Courts below the level of a District Judge.
2. A settlement agreement arrived at during the pre-institution mediation process under the 2015 Act has the same status and effect as an arbitral award on agreed terms under Section 30(4) of the Arbitration and Conciliation Act, 1996.
3. The pecuniary jurisdiction for Commercial Courts was reduced from one crore rupees to three lakh rupees through an amendment to the Commercial Courts Act in 2018.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 1 is correct. Statement 2 is correct. Statement 3 is correct.
Statement 1 is correct as the 2015 Act mandates the establishment of Commercial Appellate Courts at the District level to hear appeals from Commercial Courts below the District Judge level. Statement 2 is correct because Section 12A of the Act stipulates that a settlement reached through mandatory pre-institution mediation is legally equivalent to an arbitral award under Section 30(4) of the Arbitration and Conciliation Act, 1996. Statement 3 is correct as the 2018 Amendment Act significantly lowered the pecuniary jurisdiction threshold for commercial disputes from one crore rupees to three lakh rupees to expedite commercial litigation.
Consider the following statements regarding Court-Annexed Mediation centers:
1. The Mediation Act, 2023, incorporates the provisions of the 2018 Singapore Convention on Mediation, and it establishes the Mediation Council of India under the administrative control of the Ministry of Law and Justice.
2. The Delhi High Court Mediation and Conciliation Centre, known as Samadhan, was inaugurated on 29 May 2006.
3. Under the Commercial Courts Act, 2015, pre-institution mediation is a process that parties can engage in before filing a commercial suit.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 2 is correct. Statement 3 is correct. Statement 1 is incorrect.
Statement 1 is incorrect because while the Mediation Act, 2023, establishes the Mediation Council of India, it does not incorporate the provisions of the 2018 Singapore Convention on Mediation. Statement 2 is correct as the 'Samadhan' centre was indeed inaugurated on 29 May 2006 to facilitate alternative dispute resolution within the Delhi High Court. Statement 3 is correct because the Commercial Courts (Amendment) Act, 2018, introduced Section 12A, which mandates pre-institution mediation for commercial suits unless urgent interim relief is sought.
Consider the following statements regarding Mediation Act, 2023 key features:
1. Confidentiality provisions in the Act protect the mediation process, though exceptions exist for the disclosure of information required by the Central Bureau of Investigation for ongoing national security inquiries.
2. Parties participating in mediation under the Act are entitled to seek legal representation throughout the proceedings, and the mediator is empowered to issue binding interim orders if the parties fail to reach a consensus.
3. The Act introduces the concept of online mediation, permitting the use of electronic platforms for conducting sessions, provided the mediator is physically present in the same state as the disputing parties.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 1 is incorrect. Statement 2 is incorrect. Statement 3 is incorrect.
Statement 1 is incorrect because the Act mandates strict confidentiality, and exceptions are limited to legal proceedings or public disclosure requirements, not specifically CBI national security inquiries. Statement 2 is incorrect as mediators act as facilitators and lack the authority to issue binding interim orders, which remains the prerogative of courts or tribunals. Statement 3 is incorrect because the Act explicitly promotes online mediation and does not impose a requirement for the mediator to be physically present in the same state as the parties, thereby facilitating remote dispute resolution.
Consider the following statements regarding Role of the Bar Council in ADR training:
1. The Bar Council of India Trust, established in 1974, conducts periodic training workshops for advocates focusing on mediation techniques and negotiation skills.
2. Rule 11 of the Bar Council of India Rules regarding Standards of Professional Conduct provides that an advocate shall attempt to resolve disputes through conciliation before initiating litigation.
3. The International Centre for Alternative Dispute Resolution, established in 1995, operates as a statutory body under the Bar Council of India to provide training for domestic and international arbitration.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 1 is correct. Statement 2 is correct. Statement 3 is incorrect.
Statement 1 is correct as the Bar Council of India Trust, established in 1974, actively promotes legal education and conducts training workshops on ADR mechanisms. Statement 2 is correct because the BCI Rules mandate that advocates should strive to resolve disputes through amicable means, including conciliation, to reduce the burden on courts. Statement 3 is incorrect because the International Centre for Alternative Dispute Resolution (ICADR) was established as an autonomous society under the Societies Registration Act, 1860, and functions under the aegis of the Ministry of Law and Justice, not as a statutory body under the Bar Council of India.
Consider the following statements regarding Commercial Courts Act, 2015 and mandatory pre-litigation mediation:
1. Under the 2015 Act, the time limit for completing the pre-institution mediation process is three months from the date of application, which can be extended for a further period of two months with the consent of the parties.
2. The Supreme Court in the case of Patil Automation Pvt. Ltd. v. Rakheja Engineers Pvt. Ltd. (2022) observed that the provision for pre-institution mediation under Section 12A is mandatory in nature.
3. The Commercial Courts Act, 2015 defines commercial disputes to include transactions relating to mercantile documents, construction and infrastructure contracts, and intellectual property rights.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 1 is correct. Statement 2 is correct. Statement 3 is correct.
Statement 1 is correct as Section 12A of the Commercial Courts Act stipulates a three-month timeline for mediation, extendable by two months upon mutual consent. Statement 2 is correct because, in Patil Automation Pvt. Ltd. v. Rakheja Engineers Pvt. Ltd. (2022), the Supreme Court ruled that Section 12A is mandatory, making pre-institution mediation a condition precedent for filing a suit where no urgent interim relief is sought. Statement 3 is correct as Section 2(1)(c) of the Act explicitly categorizes disputes involving mercantile documents, infrastructure contracts, and intellectual property rights as commercial disputes.
Consider the following statements regarding Summary Suits and ADR mechanisms:
1. The Arbitration and Conciliation Act, 1996, is based on the UNCITRAL Model Law on International Commercial Arbitration adopted by the United Nations in 1985.
2. Order XXXVII of the Code of Civil Procedure, 1908, permits the filing of summary suits for recovery of immovable property, provided the plaintiff submits a registered sale deed.
3. The 2002 amendment to the Code of Civil Procedure, 1908, introduced the concept of Court-Annexed Mediation, which allows judges to refer pending matrimonial disputes to private mediators.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 1 is correct. Statement 2 is incorrect. Statement 3 is incorrect.
Statement 1 is correct as the Arbitration and Conciliation Act, 1996, was enacted to align Indian law with the 1985 UNCITRAL Model Law. Statement 2 is incorrect because Order XXXVII of the CPC applies specifically to liquidated monetary claims, not the recovery of immovable property. Statement 3 is incorrect because Section 89 of the CPC, introduced by the 1999 amendment (effective 2002), facilitates judicial referral to mediation, but it does not mandate or restrict the process exclusively to 'private' mediators, nor is it limited to matrimonial disputes.
Consider the following statements regarding Gram Nyayalayas Act, 2008 and local dispute resolution:
1. Conciliation as a method of dispute resolution is encouraged under the 2008 Act, and the Gram Nyayalaya maintains a panel of conciliators prepared by the District Magistrate in coordination with the Bar Association.
2. The Gram Nyayalayas Act was enacted in 2008 to provide for the establishment of Gram Nyayalayas at the intermediate panchayat level for speedy and easy access to justice.
3. The Gram Nyayalayas Act, 2008, draws its constitutional validity from Article 39A of the Constitution and provides for the appointment of a District Judge as the presiding officer of the court.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 2 is correct. Statement 1 is incorrect. Statement 3 is incorrect.
Statement 2 is correct as the Gram Nyayalayas Act, 2008, was enacted to establish courts at the intermediate panchayat level to ensure access to justice for rural citizens. Statement 1 is incorrect because the Act mandates that the panel of conciliators be prepared by the District Court, not the District Magistrate. Statement 3 is incorrect because the presiding officer, known as a Nyayadhikari, must be eligible to be appointed as a Judicial Magistrate of the First Class, not a District Judge.
Consider the following statements regarding International Commercial Arbitration in India:
1. Section 34 of the Arbitration and Conciliation Act, 1996 provides for the setting aside of arbitral awards, a process that is subject to the appellate jurisdiction of the District Magistrate under the Civil Procedure Code.
2. The Singapore International Arbitration Centre (SIAC) operates under the rules of the 1996 Indian Arbitration Act, which allows for the automatic registration of foreign awards in the Supreme Court of India.
3. The 2019 Amendment to the Arbitration and Conciliation Act established the Arbitration Council of India, a body tasked with grading arbitral institutions and accrediting arbitrators.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 3 is correct. Statement 1 is incorrect. Statement 2 is incorrect.
Statement 3 is correct as the 2019 Amendment Act established the Arbitration Council of India (ACI) to promote institutional arbitration and accredit arbitrators. Statement 1 is incorrect because Section 34 applications are filed before the Principal Civil Court of original jurisdiction (High Court or District Court), not the District Magistrate, and there is no appellate jurisdiction under the CPC for this process. Statement 2 is incorrect because the SIAC operates under its own rules, and foreign awards are enforced under Part II of the 1996 Act, which requires judicial recognition rather than automatic registration in the Supreme Court.
Consider the following statements regarding Institutional Arbitration vs Ad-hoc Arbitration:
1. Institutional arbitration operates under a pre-established set of rules provided by a permanent body, such as the Mumbai Centre for International Arbitration established in 2016.
2. Ad-hoc arbitration proceedings are conducted by parties without the oversight of an arbitral institution, often following the UNCITRAL Arbitration Rules adopted in 1976.
3. The Arbitration and Conciliation (Amendment) Act of 2019 introduced the Arbitration Council of India to grade arbitral institutions and accredit arbitrators.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 1 is correct. Statement 2 is correct. Statement 3 is correct.
Statement 1 is correct as institutional arbitration relies on the administrative framework of established bodies like the MCIA, which was indeed founded in 2016. Statement 2 is correct because ad-hoc arbitration lacks institutional oversight and parties frequently adopt the 1976 UNCITRAL Rules to govern their private proceedings. Statement 3 is correct as the 2019 Amendment Act mandated the creation of the Arbitration Council of India to standardize the quality of arbitral institutions and professionalize the accreditation of arbitrators.
Consider the following statements regarding International Commercial Arbitration in India:
1. The Commercial Courts Act, 2015 designates specific benches in the High Courts to handle international commercial arbitrations, with a statutory timeline of six months for the final disposal of all such matters.
2. The 2021 Amendment to the Arbitration and Conciliation Act introduced a provision for the unconditional stay of enforcement of awards in cases where the underlying arbitration agreement was obtained through fraud or corruption.
3. The Permanent Court of Arbitration at The Hague provides the procedural framework for investor-state dispute settlement, and its rulings are binding on Indian courts under the provisions of the 1996 Act.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statement 1 is incorrect. Statement 2 is incorrect. Statement 3 is incorrect.
Statement 1 is incorrect because the Commercial Courts Act, 2015 does not prescribe a six-month timeline for international commercial arbitrations, and such matters are handled by the Commercial Division of High Courts, not specific benches. Statement 2 is incorrect because the 2021 Amendment allows for an unconditional stay of an arbitral award only if a prima facie case of fraud or corruption is established, but it does not mandate an automatic or unconditional stay. Statement 3 is incorrect because the Permanent Court of Arbitration provides administrative support, not a procedural framework for all investor-state disputes, and its rulings are not automatically binding on Indian courts under the 1996 Act without meeting specific enforcement criteria.