All India Bar Examination (AIBE) 16-XVI Previous Year Question Papers with Answers

The correct option is B: Quasi-judicial proceeding.

An arbitration proceeding is a quasi-judicial proceeding because it is a private dispute resolution procedure that is similar to a court trial, but not exactly the same. Some of the similarities and differences between arbitration and judicial proceedings are:

- Similarities:

·  Both involve an impartial third party (arbitrator or judge) who hears the arguments and evidence of the parties and makes a binding decision on the dispute.

·   Both follow certain rules of procedure and evidence, although arbitration rules are usually less formal and more flexible than court rules.

·  Both allow the parties to present witnesses, documents, and other relevant information to support their claims or defenses.

·  Both result in a final and enforceable award or judgment that can be challenged only on limited grounds.

- Differences:

· Arbitration is based on the agreement of the parties, whereas judicial proceedings are based on the law and jurisdiction of the court.

·  Arbitration is usually faster, cheaper, and more confidential than judicial proceedings, as it avoids the delays, costs, and publicity of court litigation.

·  Arbitration allows the parties to choose their own arbitrator or panel of arbitrators, who may have expertise in the subject matter of the dispute, whereas judicial proceedings assign a judge or jury who may not have such knowledge or experience.

·    Arbitration gives the parties more control over the process and outcome of the dispute, as they can tailor the arbitration rules, scope, and remedies to their needs and preferences, whereas judicial proceedings follow the established legal framework and standards.

Therefore, arbitration is a quasi-judicial proceeding, as it has some features of a court trial, but also some distinctive characteristics that make it a different and alternative form of dispute resolution.