155 Questions
What is the primary focus of the legal aspects governing public procurement of works?
Addressing the implications on procurement contracts
Which act is specifically mentioned for e-procurement and e-auction in the text?
The Information Technology Act, 2000 (IT Act)
Which act serves as the basis for the Central Bureau of Investigation (CBI)?
Delhi Special Police Establishment Act, 1946 (DSPE)
Which law is not specifically mentioned in the list provided in the text?
Goods and Services Tax (GST) laws
Why is it stated that a public procurement professional is not expected to be a legal expert?
To emphasize understanding without needing expertise
What is the definition of 'Supplier' in contract management?
The individual or firm supplying the goods on contract
What does 'Purchase Order' represent in the context of contracts?
The order placed by the purchaser on the supplier
What is the definition of 'Bid documents/ Tender documents' in contract management?
Specifications of the materials or work
What is meant by 'Advance Purchase Order' in contract management?
The intention of purchaser to place the purchase order on the bidder
In contract management, what does 'Work Order' refer to?
The order issued to the contractor by the officer in charge of the works
What is the purpose of 'Notice Inviting Tender' (NIT)?
To request bidders to make offers
What is the function of 'Procurement Policy Division (PPD)'?
Encourage uniformity in public procurement processes
What does 'Earnest Money Deposit (EMD)/ Bid Security' serve as?
Security against bidder default
What is the role of the 'Central Public Procurement Portal (CPPP)'?
Ensuring transparency in procurement process
What is the significance of 'Security Deposit/ Performance Guarantee'?
Ensuring bidder compliance with terms and conditions
What is one of the essential requirements for a valid contract according to the Indian Contract Act, 1872?
Presence of Earnest Money Deposit (EMD)
Which of the following is NOT an essential requirement for a valid contract?
Absence of intention to create legal relationship
In the context of contracts, what does 'Mutual and lawful consideration' mean?
A promise to give something
Under the Indian Contract Act, 1872, who should have free consent for a valid contract?
Both parties
Why is it important for a contract to have certainty and possibility of performance?
To ensure legal enforceability
What is the primary objective of the Central Public Procurement portal (CPPP)?
To provide access to information on procurements made across various Ministries and Departments
According to GFR 2017 (Rule 160), what is mandatory for Ministries/Departments regarding bids?
All bids must be submitted through e-procurement portals
What does the Central Public Procurement portal (CPPP) provide access to?
Documents relating to pre-qualification, Bidders’ enlistment, and Bidding documents
In case a Ministry/Department does not use the e-procurement solution developed by NIC, what is the requirement regarding tender data?
Tender data must still be published on CPPP through webservice
What is the role of Central Public Sector Enterprises (CPSEs) regarding the Central Public Procurement portal (CPPP)?
To publish all their tender enquiries on the CPPP
What is the significance of taking into account the means of remedying inconvenience caused by non-performance of a contract in estimating loss or damage?
To ensure fair compensation for the party complaining of the breach
According to Section 74, what is the entitlement of the party complaining of a breach of contract when a contract specifies a sum to be paid in the case of a breach?
Entitled to reasonable compensation not exceeding the specified sum
What compensation is a person rightfully rescinding a contract entitled to according to Section 75?
Reasonable compensation for any damage sustained
What is the preferred option globally for settling commercial disputes quickly and enforcing contracts?
Arbitration
When did the Arbitration & Conciliation Act come into effect?
25.01.1996
What key feature was established by Act 33 of 2019?
Introduction of the Arbitration Council of India
What is the time limit for arbitral tribunals to make awards in international commercial arbitrations post the 2019 amendment?
12 months
In which section of the Arbitration Act is the term 'Arbitration Agreement' defined?
Section 7
Under which section does a judicial authority refer parties to arbitration when an arbitration agreement exists?
Section 8
What is the time limit set for filing written claims and defense before an arbitral tribunal?
6 months
Which body was established as part of the 2019 amendment to the Arbitration Act?
Arbitration Council of India (ACI)
What is considered as an 'Arbitration Agreement' under the Arbitration Act?
A written agreement to submit disputes to arbitration
'Composition of Arbitral Tribunal' is governed by which sections of the Arbitration Act?
Sections 10-12
'Sec-8 Power to Refer Parties to Arbitration' relates to which scenario?
When a judicial authority is presented with an existing arbitration agreement
'Arbitration' under the Arbitration Act refers to which type of arbitration?
Any form of arbitration, whether or not administered by permanent arbitral institutions
What is the time limit set for filing written claim and defense before an arbitral tribunal?
6 months
What does an 'Arbitration Agreement' under the Arbitration Act mean?
It may be in the form of an Arbitration Clause in the contract
According to the 2019 amendment, what key feature was established?
Creation of the Arbitration Council of India
When does a judicial authority refer parties to arbitration if there is an arbitration agreement?
Whenever an arbitration agreement exists
What is meant by 'Arbitration' under the Arbitration Act?
Can be either written or oral
What is the purpose of Section 8 of the Arbitration Act?
To refer parties to arbitration when there is an existing agreement
What is the entitlement of the party complaining of a breach of contract, according to Section 74?
Reasonable compensation not exceeding the named amount or penalty stipulated
What does a person rightfully rescinding a contract become entitled to under Section 75?
Compensation for any damage through non-fulfillment of the contract
In case of a breach where no actual loss is proven, what is the party entitled to under Section 74 of the Indian Contract Act?
Reasonable compensation not exceeding the penalty stipulated
Which Act came into effect on 25.01.1996 and was amended by Act 3 of 2016?
Arbitration and Conciliation Act, 1996
What is the primary purpose of arbitration in settling commercial disputes globally?
For quick enforcement of contracts & settlement of claims
In estimating loss or damage from a breach, what must be considered according to the text?
The means available to remedy inconvenience caused
What role does the conciliator play in the conciliation proceedings?
Assisting the parties to reach an amicable settlement
In the context of settlement agreements, what is the status and effect of such an agreement?
It is final and binding on the parties
Under what section of the Arbitration and Conciliation Act can proposals for settlement be made by the conciliator?
Section 67
What does the conciliator need to do when the parties reach an agreement on a settlement?
Authenticate the agreement and provide a copy to each party
What is the legal status of a settlement agreement according to Sec-74 of the Arbitration and Conciliation Act?
It has similar status and effect as an arbitral award on agreed terms
What distinguishes a settlement agreement under Sec-73 from a regular contract under Indian law?
'Settlement agreements' have special enforceability under arbitration laws
What is the key feature introduced by Act 33 of 2019?
Establishment of an independent body called Arbitration Council of India
Under which section of the Arbitration Act does the power exist to refer parties to arbitration when there is an existing arbitration agreement?
Section 8
What does 'arbitration' mean under the Arbitration Act?
Arbitration administered by any institution
What is the time limit set for filing a written claim and defense before an arbitral tribunal?
6 months
Which section of the Arbitration Act governs the composition of the arbitral tribunal?
Section 10 to 12
What is necessary for an arbitration agreement to be valid?
It must be in writing
What is the maximum amount of reasonable compensation a party is entitled to receive according to Section 74 of the Arbitration and Conciliation Act?
Exceeding the penalty stipulated for
What role does the conciliator play in the conciliation proceedings according to Sec-67?
Assisting parties to reach an amicable settlement
In what year did the Arbitration and Conciliation Act come into effect?
1996
What is the status and effect of a settlement agreement according to Sec-74?
It is equivalent to an arbitral award
What is the entitlement of a person who rightfully rescinds a contract according to Section 75 of the Arbitration and Conciliation Act?
Compensation for any damage sustained
Under Sec-73, when is a settlement agreement considered final and binding?
When parties sign the agreement
What does Section 1 of the Arbitration and Conciliation Act cover?
Extent and commencement
What is the effect of a settlement agreement under Sec-74 compared to an arbitral award?
They have equal status and effect
What is one significant aspect of arbitration highlighted in the text?
Quick enforcement of contracts globally
According to Sec-66, what is a unique aspect about the conciliator's position?
They do not need to adhere to Code of Civil Procedure or Indian Evidence Act
Why is arbitration often preferred for settling commercial disputes quickly?
'Arbitration and Conciliation Act' ensures quick enforcement of contracts
What distinguishes a settlement agreement according to Sec-73 from a regular contract?
It doesn't need to be in writing or have reasons stated
What is one of the ways the conciliation proceedings can be terminated?
By signing a settlement agreement on the date of agreement
In the context of contracts, what is emphasized as a crucial aspect for various stakeholders?
The significance of signing new contracts
What action is prohibited during conciliation proceedings regarding the dispute under consideration?
Initiating arbitration or judicial proceedings
What can potentially change the contractual meaning of a complex business arrangement, as mentioned in the text?
Misplacing a comma in the contract
What is a key aspect in managing a contractual relationship effectively?
Ensuring certainty and possibility of performance
What is the primary purpose of establishing the Arbitration Council of India?
To expedite the resolution of disputes through arbitration
What is the significance of the time restriction being removed for international commercial arbitrations?
It ensures a quicker resolution of disputes in international commercial settings
Why is it important for an arbitration agreement to be in writing according to the text?
To ensure the validity and enforceability of the agreement
What does a Judicial authority need to do when an arbitration agreement exists and an action is brought before it?
Refer the parties to arbitration
What must be considered in estimating the loss or damage from a breach of contract?
The means to remedy the inconvenience caused by non-performance
What is a key aspect of the power granted by Section 8 of the Arbitration and Conciliation Act?
It empowers courts to refer parties to arbitration when an agreement exists
Under Section 74, what is a party entitled to receive when a contract is breached?
Reasonable compensation up to the named amount or penalty stipulated
What is the entitlement of a person who rightfully rescinds a contract according to Section 75?
Compensation for any damage sustained
What came into effect on 25.01.1996 and was later amended by Act 3 of 2016?
Arbitration & Conciliation Act
Why has arbitration become a preferred option globally for settling commercial disputes?
For quick contract enforcement & settlement of claims
What is the role of the conciliator according to Section 67 of the Arbitration and Conciliation Act?
Assist the parties in reaching an amicable settlement without written proposals.
Under Section 73 of the Arbitration and Conciliation Act, when is a settlement agreement considered final and binding?
When it is authenticated by the conciliator and furnished to each party.
How does a settlement agreement's status and effect compare to an arbitral award under Section 74 of the Arbitration and Conciliation Act?
The settlement agreement holds the same status and effect as an arbitral award.
What does Section 66 of the Arbitration and Conciliation Act state regarding the conciliator's adherence to certain laws?
The conciliator is not bound by any laws or procedural rules.
Under Section 76 of the Arbitration and Conciliation Act, what is the role of a conciliator in making proposals for settlement?
Proposals should be non-binding and may be verbal, not requiring written statements or reasons.
What happens if a party initiating conciliation under Section 62 does not receive a reply within thirty days from the date of sending the invitation?
The conciliation is deemed rejected.
What is the status of an arbitration agreement in the event of a party's death?
It is enforceable by the legal representative of the deceased party.
What is the confidentiality requirement regarding arbitral proceedings according to Section 42A?
All information must be kept confidential.
What is the consequence of rejecting an invitation to conciliate under Section 62 of the Arbitration Act?
Conciliation is terminated.
What happens to the mandate of an arbitrator in case of the death of a party who appointed them?
The mandate automatically terminates.
What must be done if an arbitration award is not made within six months?
The provisions of section 29A apply for an extension
What does an arbitrator do if the parties settle the dispute during arbitral proceedings?
Terminate the proceedings
What is necessary for an arbitral award to have the same status as any other?
It must be written and signed by the arbitrator
When can an arbitrator make an interim arbitral award?
At any point during the proceedings
What information must be included in an arbitral award unless agreed otherwise?
The reasons upon which it is based only
What is the significance of Sec-18 of the Arbitration and Conciliation Act?
It ensures equal treatment of parties in the arbitral proceeding
Under Sec-19, what power is granted to the Arbitrator regarding the rules of procedure?
To decide on the admissibility of evidence
What does Sec-20 of the Arbitration and Conciliation Act relate to?
Place of hearing for arbitration
What is the main focus of Sec-23 regarding arbitral proceedings?
Statement of claim and defense
How does Sec-18 ensure fairness in arbitral proceedings?
By giving parties equality in treatment
What power does an Arbitrator have in determining the place of arbitration under Sec-20?
Decide on place if no agreement exists or determined by Arbitrator
In what aspect does Sec-19 differ from Sec-18 regarding arbitral proceedings?
Admissibility and weight of evidence determination
'Parties are free to agree on the procedure' is covered under which section of the Arbitration and Conciliation Act?
Sec-21
'Place of arbitration shall be determined by Arbitrator as appropriate considering circumstances' falls under which section?
Sec-20
What is the role of the conciliator according to Section 67 of the Arbitration and Conciliation Act?
To assist parties in reaching an amicable settlement
How are proposals for a settlement made by the conciliator during conciliation proceedings?
Are not required to be in writing or accompanied by reasons
What is the status of a settlement agreement as per Section 74 of the Arbitration and Conciliation Act?
It has the same effect as an arbitral award on agreed terms
How does the status of a settlement agreement under Section 74 compare to an arbitral award under Section 30?
They have equal legal standing
What is the effect of parties signing a settlement agreement under Section 73 of the Arbitration and Conciliation Act?
It becomes final and binding on the parties involved
What must be considered when estimating the loss from a breach of contract?
The means available to remedy the inconvenience caused by the breach
What is the entitlement of a party if a contract specifies a sum to be paid in case of breach?
Reasonable compensation not exceeding the specified sum
What is the purpose of the Arbitration and Conciliation Act, 1996?
To provide a framework for arbitration and conciliation in India
What is the effective date of the Arbitration & Conciliation Act, 1996, as per the text?
25.01.1996
Under what conditions is a person entitled to compensation for damage due to non-fulfillment of a contract?
When they rightfully rescind a contract
What is the key feature of the amendment made by Act 33 of 2019 to the Arbitration and Conciliation Act 1996?
Establishment of the Arbitration Council of India
In the context of arbitration agreements, what does 'Arbitration' refer to?
Legal recourse available as part of a contractual agreement
Under Section 8 of the Arbitration and Conciliation Act, what power does a judicial authority have regarding arbitration agreements?
To refer parties to arbitration if an arbitration agreement exists
What is the significance of an arbitration agreement being required to be in writing?
To establish the validity and intent of the parties involved
What type of disputes must an arbitration agreement cover according to the text?
Any disputes related to a defined legal relationship
How can conciliation proceedings be terminated according to the text?
By the signing of the settlement agreement by the parties on the date of agreement
What action should the parties abstain from during conciliation proceedings?
Initiating any arbitral or judicial proceedings related to the dispute
Why is it essential for a company to be careful with contractual details as emphasized in the text?
To prevent misinterpretations that could affect contractual obligations
What can alter the meaning of a complex business arrangement?
A simple misplaced comma in a contract
What is highlighted as one of the challenges in managing contractual relationships?
Overlooking procedural and practical aspects
What happens if an arbitral award is not made within six months?
The provisions of section 29A apply with regard to extension of the period.
What power does an arbitrator have in encouraging settlement during arbitral proceedings?
Use mediation or conciliation to encourage settlement.
What must an Arbitration Award include according to the text?
Reasons for the decision unless agreed otherwise.
What is the status and effect of an Arbitration Award on agreed terms compared to other awards?
It carries the same status and effect as any other arbitral award.
When should an Arbitrator deliver a signed copy of the award to each party?
Immediately after making the award.
Can an arbitration agreement be discharged by the death of a party involved?
No, it remains enforceable by or against the legal representative of the deceased.
What happens if the party initiating conciliation under Section 62 does not receive a reply within thirty days from sending the invitation?
The initiator can treat it as a rejection and proceed accordingly.
Which statement best reflects the confidentiality requirements under Section 42A of the Arbitration Act?
Confidentiality is maintained except for disclosing the award for implementation and enforcement purposes.
What is the consequence of rejecting an invitation to conciliate under Section 62 of the Arbitration and Conciliation Act?
The conciliation proceedings are terminated.
What happens to the mandate of an arbitrator in case of the death of a party by whom they were appointed?
The mandate continues regardless of the death of any party involved.
What power does the Arbitrator have under Sec-20 regarding the place of arbitration?
To determine the place of arbitration as appropriate considering the circumstances of the case
Under Sec-23, what must a claimant submit within the specified time period?
Statement of claim and relief sought
What power does the Arbitral tribunal have under Sec-19 regarding rules of procedure?
To determine admissibility, relevance, and weight of evidence
What is an essential aspect of conducting arbitral proceedings according to Sec-18?
Give each party an opportunity to present their case fully
In conducting proceedings, what does Sec-19 state regarding evidence?
The Tribunal can decide on admissibility, relevance, and weight of evidence
What is the role of parties in determining the place of arbitration under Sec-20?
Parties can suggest the place but the Arbitrator decides
What freedom do parties have under Sec-19 regarding the procedure in arbitral proceedings?
'Parties are free to agree on the procedure to be followed'
'Claimant shall submit statement of facts supporting his claim and relief sought' refers to which section?
'Sec-23'
'Place of arbitration shall be determined by Arbitrator as appropriate considering circumstances' is specified in which section?
'Sec-20'
'Parties may submit all relevant documents along with their statements' is related to which section?
'Sec-23'
Learn about estimating loss or damage from a breach of contract and the compensation for breach of contract where penalty is stipulated. Explore the means of remedying inconvenience caused by non-performance of a contract.
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