Arbitration Act 1940 Mega Test MCQs

1. Question 1 of 223

   Under section 21, who must agree before an order of reference can be applied for?

   A A majority of the parties B The plaintiff alone C The plaintiff and the principal defendant D All the parties interested
2. Question 2 of 223

   Which of the following orders is NOT appealable under section 39(1)?

   A An order remitting an award for reconsideration under section 16 B An order superseding an arbitration C An order modifying or correcting an award D An order setting aside an award
3. Question 3 of 223

   Under section 20(4), where no sufficient cause is shown, the Court shall order the agreement to be filed and:

   A Proceed to try the difference as a suit B Make an order of reference to the arbitrator appointed by the parties, or where they cannot agree, to an arbitrator appointed by the Court C Direct the parties to proceed under Chapter II D Stay the application until an arbitrator is agreed
4. Question 4 of 223

   Which section of the Act contains the exclusive-jurisdiction rule confining all questions about the validity, effect or existence of an award or agreement to a single Court?

   A Section 31 B Section 32 C Section 33 D Section 41
5. Question 5 of 223

   Which two Schedules to the Arbitration Act, 1940 stand repealed?

   A The First and the Second Schedules B The Second and the Third Schedules C The Fourth Schedule only D The Third and the Fourth Schedules
6. Question 6 of 223

   Under section 33, a party desiring to challenge the existence or validity of an arbitration agreement or an award must:

   A Institute a suit for a declaration B Apply to the arbitrator in the first instance C Move the High Court in its supervisory jurisdiction D Apply to the Court, which shall decide the question on affidavits
7. Question 7 of 223

   Section 15 of the Arbitration Act, 1940 confers on the Court the power to:

   A Remit an award for reconsideration B Set aside an award C Supersede the arbitration D Modify or correct an award
8. Question 8 of 223

   What must be filed in Court along with the award under section 14(2)?

   A Any depositions and documents which may have been taken and proved before the arbitrators B A certified copy of the arbitration agreement only C The arbitrators' bill of costs only D A statement of the reasons for the award
9. Question 9 of 223

   Under section 37(3), an arbitration is deemed to be commenced when one party serves on the other parties:

   A A copy of the arbitration agreement B A statement of claim C A demand for payment of the sum in dispute D A notice requiring the appointment of an arbitrator, or requiring that the difference be submitted to the person named or designated in the agreement
10. Question 10 of 223

    Under section 34, the Court must be satisfied of two matters before staying proceedings: that there is no sufficient reason why the matter should not be referred, and that the applicant:

    A Has already appointed his arbitrator B Has deposited the arbitrator's fees in Court C Has not committed any breach of the underlying contract D Was at the time the proceedings were commenced, and still remains, ready and willing to do all things necessary to the proper conduct of the arbitration
11. Question 11 of 223

    Under section 1(2), the Arbitration Act, 1940 extends to:

    A Only the Provinces, excluding the Federal Capital B Only areas notified by the Federal Government C The whole of Pakistan except the Tribal Areas D The whole of Pakistan
12. Question 12 of 223

    Under section 39(1), an appeal lies from an order staying or refusing to stay legal proceedings where there is:

    A A suit pending in a Small Cause Court B An arbitration agreement C An award already filed in Court D A reference under Chapter IV
13. Question 13 of 223

    Under section 20(2), an application to file an arbitration agreement in Court must be:

    A Made orally at the first hearing B Presented on affidavit without registration C In writing, and numbered and registered as a suit D Filed as a miscellaneous application only
14. Question 14 of 223

    Under clause 8 of the First Schedule, the cost of the reference and award is:

    A In the discretion of the arbitrators or umpire B In the discretion of the Court in every case C Borne equally by the parties D Borne by the unsuccessful party
15. Question 15 of 223

    Under section 38(3), the Court may make such orders as it thinks fit respecting the costs of an arbitration where:

    A The arbitrator has awarded costs on a scale higher than the Court's B The parties have not agreed on the incidence of costs C Any question arises respecting such costs and the award contains no sufficient provision concerning them D The award has been set aside
16. Question 16 of 223

    Under section 15(a), the Court may modify an award where part of it is upon a matter not referred to arbitration, provided that part:

    A Is of trifling value B Can be separated from the other part and does not affect the decision on the matter referred C Was included with the consent of one party only D Is capable of being severed by the arbitrator himself
17. Question 17 of 223

    Under section 13(c), the arbitrator or umpire has power to:

    A Make the award provisional pending appeal B Make the award binding on non-parties C Make the award conditional or in the alternative D Make the award enforceable as a decree
18. Question 18 of 223

    Under the proviso to section 33, where the Court deems it just and expedient, it may:

    A Set down the application for hearing on other evidence also, and pass such orders for discovery and particulars as it may do in a suit B Convert the application into a suit C Refer the question to the arbitrator for his opinion D Direct a trial by the High Court
19. Question 19 of 223

    Under section 31(2), all questions regarding the validity, effect or existence of an award or an arbitration agreement shall be decided by:

    A The High Court exercising supervisory jurisdiction B Any Court having jurisdiction over the parties C The Court in which the award under the agreement has been, or may be, filed, and by no other Court D The Court in which the arbitration agreement was executed
20. Question 20 of 223

    Under section 18(1), the Court may pass interim orders at any time after the filing of the award:

    A Only after notice of the filing has been served B Whether or not notice of the filing has been served C Only after the time to set aside the award has expired D Only where the award is for payment of money
21. Question 21 of 223

    Under section 37(5), where the Court sets aside an award or orders that the arbitration agreement cease to have effect, the period between the commencement of the arbitration and the date of the Court's order:

    A Shall be added to the period of limitation B Shall be treated as a period of stay of the suit C Shall be excluded in computing the time prescribed by the Limitation Act, 1908 D Shall have no effect on limitation
22. Question 22 of 223

    The preamble of the Arbitration Act, 1940 states that it is expedient to do what to the law relating to arbitration?

    A Consolidate and amend it B Codify and repeal it C Simplify and restate it D Consolidate and repeal it
23. Question 23 of 223

    Section 31(4) provides that where an application under the Act has been made in a competent Court, that Court alone shall have jurisdiction over:

    A The arbitration proceedings and all subsequent applications arising out of that reference B The suit between the same parties on the same subject-matter C Any appeal arising from the award D The execution of the decree passed on the award
24. Question 24 of 223

    Under section 43(3), the expression 'processes' includes:

    A Warrants of arrest and attachment B Interrogatories and notices to admit C Injunctions and orders appointing a receiver D Summonses and commissions for the examination of witnesses and summonses to produce documents
25. Question 25 of 223

    Is an oral agreement to refer differences to arbitration an 'arbitration agreement' under the Act?

    A Yes, if both parties admit it B Yes, if it is later reduced to writing by the arbitrator C Yes, provided it concerns present differences only D No - section 2(a) requires a written agreement
26. Question 26 of 223

    How many implied conditions are set out in the First Schedule to the Arbitration Act, 1940?

    A Eight B Five C Six D Ten
27. Question 27 of 223

    How many Chapters does the Arbitration Act, 1940 contain?

    A Five B Seven C Six D Eight
28. Question 28 of 223

    Under section 25, the provisions of the other Chapters apply to arbitrations under Chapter IV:

    A In their entirety and without qualification B Only where the Court so directs C Only to the extent that the parties agree D So far as they can be made applicable
29. Question 29 of 223

    An application under section 7(2) directing that a matter be referred to arbitration is made to:

    A The Court having jurisdiction in the insolvency proceedings B The Court in which the award may be filed C The High Court D Any Civil Court having jurisdiction over the subject-matter
30. Question 30 of 223

    Under clause 1 of the First Schedule, unless otherwise expressly provided, the reference shall be to:

    A Two arbitrators, one appointed by each party B A sole arbitrator C Three arbitrators D An arbitrator appointed by the Court
31. Question 31 of 223

    Under the proviso to section 25, where the Court makes an order superseding the arbitration under section 19, it:

    A Shall dismiss the suit B Shall proceed with the suit C May direct a fresh reference D Shall stay the suit until a new agreement is made
32. Question 32 of 223

    Both section 16(3) and section 26-A(3) provide that a remitted award becomes void on failure of the arbitrator to comply within the time fixed. What is the essential difference between the two remissions?

    A Section 16 remission is for defects such as matters left undetermined, indefiniteness or apparent illegality, whereas section 26-A remission is specifically for want of reasons stated in sufficient detail B Section 16 applies only to interim awards, section 26-A only to final awards C Section 16 remission is discretionary and section 26-A remission is also discretionary D Section 16 applies to Chapter II arbitrations only, section 26-A to all arbitrations
33. Question 33 of 223

    Under section 11(2), the Court may remove an arbitrator or umpire who:

    A Has made an interim award B Has misconducted himself or the proceedings C Has stated the award in the form of a special case D Has corrected a clerical error in the award
34. Question 34 of 223

    Item 2 of the Second Schedule empowers the Court to make orders for:

    A Securing the amount in difference in the reference B Securing the arbitrator's fees C Securing the costs of the reference D Securing the attendance of witnesses
35. Question 35 of 223

    Under clause 7 of the First Schedule, the award shall be:

    A Final and binding only after a decree is passed in its terms B Binding on the parties but not on persons claiming under them C Provisional until the time to apply to set it aside has expired D Final and binding on the parties and persons claiming under them respectively
36. Question 36 of 223

    Which of the following is NOT one of the implied conditions in the First Schedule?

    A That the reference shall be to a sole arbitrator unless otherwise expressly provided B That the award shall be final and binding on the parties C That the arbitrators shall state the reasons for the award in sufficient detail D That the costs of the reference shall be in the discretion of the arbitrators
37. Question 37 of 223

    Section 8 of the Act empowers which authority to appoint an arbitrator or umpire?

    A The High Court only B The Court C The party who gave notice D The Federal Government
38. Question 38 of 223

    Under section 35(2), the expression 'parties to the reference' includes:

    A Any person interested in the subject-matter of the reference B The arbitrators and the umpire C Any person on whom notice of the reference has been served D Any persons claiming under any of the parties and litigating under the same title
39. Question 39 of 223

    The First Schedule is expressed to be read with which section of the Act?

    A Section 4 B Section 41 C Section 13 D Section 3
40. Question 40 of 223

    Under section 27(2), references in the Act to an 'award':

    A Exclude interim awards in every case B Include references to an interim award made under section 27(1) C Include interim awards only for the purposes of section 30 D Include interim awards only where the Court so directs
41. Question 41 of 223

    Under section 20(5), after an order of reference is made, the arbitration proceeds:

    A Under Chapter II alone B Under such procedure as the Court may prescribe in each case C In accordance with, and governed by, the other provisions of the Act so far as they can be made applicable D Under the Code of Civil Procedure, 1908 exclusively
42. Question 42 of 223

    Under section 39(2), a second appeal from an order passed in appeal under the section:

    A Lies to the High Court on a question of law B Lies with the leave of the appellate Court C Lies only where the value exceeds a prescribed sum D Does not lie
43. Question 43 of 223

    Under section 2(a), an 'arbitration agreement' means:

    A Any agreement, oral or written, to submit present differences to arbitration B A written agreement to submit present or future differences to arbitration, whether an arbitrator is named therein or not C A written agreement to submit present differences only, in which an arbitrator must be named D A registered agreement to submit future differences to a named arbitrator
44. Question 44 of 223

    Under section 13(d), the arbitrator or umpire may correct in an award:

    A Any error of law apparent on the face of the award B Any finding of fact shown to be erroneous C Any part of the award not referred to arbitration D Any clerical mistake or error arising from an accidental slip or omission
45. Question 45 of 223

    How many grounds are listed in section 15 for modifying or correcting an award?

    A Three B Two C Four D Five
46. Question 46 of 223

    Under clause 4 of the First Schedule, the umpire enters on the reference in lieu of the arbitrators where the arbitrators:

    A Have allowed their time to expire without making an award, or have delivered a written notice that they cannot agree B Have been removed by the Court C Have made an interim award only D Have stated a special case for the opinion of the Court
47. Question 47 of 223

    Under section 20(2), where the application is presented by all the parties, they are arrayed as:

    A All applicants as plaintiffs, with no defendants B The applicant as plaintiff and the Court as respondent C All parties as co-plaintiffs and the arbitrator as defendant D One or more of the parties interested as plaintiff or plaintiffs and the remainder as defendant or defendants
48. Question 48 of 223

    Under section 14(1), when the arbitrators or umpire have made their award they must sign it and give notice in writing to the parties of:

    A The date fixed for filing the award in Court B The reasons on which the award proceeds C The making and signing of the award and the amount of fees and charges payable in respect of the arbitration and award D The time within which objections may be filed
49. Question 49 of 223

    The Second Schedule to the Arbitration Act, 1940 is headed:

    A Implied conditions of arbitration agreements B Appealable orders C Enactments amended D Powers of Court
50. Question 50 of 223

    Under section 2(d), 'legal representative' includes a person who:

    A Is nominated in the arbitration agreement to act after a party's death B Is appointed receiver of the estate by the Court C Is a creditor of the deceased's estate D Intermeddles with the estate of the deceased
51. Question 51 of 223

    Under clause 3 of the First Schedule, the arbitrators must make their award within:

    A Two months after entering on the reference B Six months after entering on the reference C Four months from the date of the arbitration agreement D Four months after entering on the reference or after being called upon to act by notice in writing, or within such extended time as the Court may allow
52. Question 52 of 223

    Section 39(2) preserves the right to appeal to which forum?

    A The Supreme Court B The Federal Shariat Court C The High Court in revision D A Full Bench of the High Court
53. Question 53 of 223

    Under clause 6 of the First Schedule, the parties and persons claiming under them must submit to be examined by the arbitrators or umpire:

    A Only in the presence of their legal practitioners B Only where the Court so directs C On oath or affirmation, in relation to the matters in difference D Only on written interrogatories
54. Question 54 of 223

    Chapter IV of the Arbitration Act, 1940 is headed:

    A Arbitration in suits B Arbitration with intervention of a Court where there is no suit pending C General D Appeals
55. Question 55 of 223

    Under section 3, an arbitration agreement is deemed to include the provisions set out in the First Schedule:

    A In all cases, without exception B Only if the Court so orders C Only where the reference is to a sole arbitrator D Unless a different intention is expressed therein
56. Question 56 of 223

    Under the proviso to section 39(1), the section does not apply to any order passed by:

    A A Court of a Civil Judge B The High Court in its original jurisdiction C A Small Cause Court D A Court of the District Judge
57. Question 57 of 223

    Under section 16(2), when the Court remits an award it must:

    A Direct that a fresh arbitrator be appointed B Order the parties to bear the costs of remission C Fix the time within which the arbitrator or umpire shall submit his decision to the Court D Refer the question of law to the High Court
58. Question 58 of 223

    Which of the following is NOT defined in section 2 of the Arbitration Act, 1940?

    A Award B Reference C Umpire D Legal representative
59. Question 59 of 223

    Under section 12(1), where the Court removes an umpire who has NOT entered on the reference, or one or more (but not all) arbitrators, the Court may:

    A Appoint persons to fill the vacancies, on the application of any party to the arbitration agreement B Order that the arbitration agreement cease to have effect C Appoint a sole arbitrator in place of all D Proceed to decide the dispute itself
60. Question 60 of 223

    Under section 14(3), where the arbitrators or umpire state a special case under section 13(b), the Court shall pronounce its opinion and that opinion:

    A Shall be binding on the Court in any appeal B Shall supersede the award to that extent C Shall be added to, and shall form part of, the award D Shall be recorded but shall not form part of the award
61. Question 61 of 223

    Which of the following periods is correctly matched with its provision?

    A Two months for the arbitrators to make their award - clause 3, First Schedule B Four months for the umpire to make his award - clause 5, First Schedule C Four months for the arbitrators to make their award - clause 3, First Schedule D One month for a party to appoint an arbitrator after notice - section 9(b)
62. Question 62 of 223

    The Explanation to section 9 is expressed to operate for the purposes of section 9 and which other section?

    A Section 8 B Section 11 C Section 12 D Section 10
63. Question 63 of 223

    Under section 18(2), a person against whom an interim order has been passed may:

    A Appeal directly to the High Court B Apply to the arbitrator for its recall C Apply for the order to be set aside only after the decree is passed D Show cause against such orders, whereupon the Court may pass such further orders as it deems necessary and just
64. Question 64 of 223

    An order under section 36 may be made where the Court orders that the arbitration agreement shall cease to have effect:

    A As regards all differences between the parties B As regards a particular difference C As regards future differences only D Only where the award has been set aside
65. Question 65 of 223

    Under section 39(1), an appeal from an appealable order lies to:

    A The High Court in every case B The Supreme Court C The Court authorised by law to hear appeals from original decrees of the Court passing the order D The Court of the District Judge in every case
66. Question 66 of 223

    Under section 30(c), an award may be set aside where it has been:

    A Improperly procured or is otherwise invalid B Made by a majority rather than unanimously C Made without the arbitrator administering an oath D Filed in Court beyond the time fixed
67. Question 67 of 223

    Under section 5, the authority of an appointed arbitrator or umpire is:

    A Freely revocable by either party at any time B Irrevocable in all circumstances C Not revocable except with the leave of the Court, unless a contrary intention is expressed in the arbitration agreement D Revocable only by the party who appointed him
68. Question 68 of 223

    Under section 11(4), the expression 'proceeding with the reference' includes, where reference to the umpire becomes necessary:

    A Filing the arbitrators' minutes in Court B Obtaining the leave of the Court C Delivering the arbitrators' papers to the umpire within one month D Giving notice of that fact to the parties and to the umpire
69. Question 69 of 223

    Under section 32, an arbitration agreement or award may be set aside, amended, modified or in any way affected:

    A By a suit or by an application, at the option of the party B By a suit, where the value exceeds the pecuniary jurisdiction of the Court C Only as provided in the Arbitration Act, 1940 D By any Court of competent jurisdiction in the ordinary way
70. Question 70 of 223

    Under section 35(1), further proceedings in a pending reference become invalid unless a stay of proceedings is granted under which section?

    A Section 32 B Section 33 C Section 34 D Section 36
71. Question 71 of 223

    Which of the following appears in the Second Schedule to the Arbitration Act, 1940?

    A Attachment before judgment of the property of a party B Arrest of a party about to leave Pakistan C Interim injunctions or the appointment of a receiver D Committal for contempt of the arbitrator
72. Question 72 of 223

    Under section 46, in a statutory arbitration the other enactment is treated as if it were:

    A An arbitration agreement B An award C A decree of the Court D A reference under section 20
73. Question 73 of 223

    Section 3 of the Act imports the implied conditions from which Schedule?

    A The First Schedule B The Second Schedule C The Third Schedule D The Fourth Schedule
74. Question 74 of 223

    Under clause 2 of the First Schedule, where the reference is to an even number of arbitrators, they must appoint an umpire not later than:

    A Two months from the latest date of their respective appointments B Fifteen days from the date of the reference C One month from the latest date of their respective appointments D Four months from entering on the reference
75. Question 75 of 223

    Under section 24, where a partial reference is made, an award made in pursuance of it is binding:

    A On all parties to the suit B On all parties who had notice of the reference C Only on the parties who have joined in the application D On the parties who joined, and on their legal representatives and privies in the suit
76. Question 76 of 223

    How many clauses does section 2 of the Arbitration Act, 1940 contain?

    A Four - clauses (a) to (d) B Five - clauses (a) to (e) C Six - clauses (a) to (f) D Three - clauses (a) to (c)
77. Question 77 of 223

    Under section 17, an appeal from a decree passed in terms of an award lies only on the ground that:

    A The award is against the weight of evidence B The arbitrator misconducted himself C It is in excess of, or not otherwise in accordance with, the award D The award is contrary to law
78. Question 78 of 223

    Under the Act, the power to enlarge the time for making an award belongs to:

    A The arbitrators, in their discretion B The Court alone, save with the consent of all parties C The umpire, once he enters on the reference D The party who appointed the arbitrator
79. Question 79 of 223

    Under section 40, a Small Cause Court has no jurisdiction over arbitration proceedings save on an application made under which section?

    A Section 20 B Section 14 C Section 21 D Section 34
80. Question 80 of 223

    The opening words of section 2 make the definitions subject to what qualification?

    A Unless the parties agree otherwise in writing B Unless the Court otherwise directs C Unless the arbitration agreement provides a different meaning D Unless there is anything repugnant in the subject or context
81. Question 81 of 223

    Under section 11(1), the Court may remove an arbitrator or umpire who:

    A Fails to use all reasonable dispatch in entering on and proceeding with the reference and making an award B Has been appointed by only one of the parties C Refuses to state a special case for the opinion of the Court D Has accepted a fee higher than that fixed by the Court
82. Question 82 of 223

    Which Chapter of the Act governs arbitration with the intervention of a Court where a suit is already pending?

    A Chapter IV B Chapter II C Chapter III D Chapter V
83. Question 83 of 223

    Item 5 of the Second Schedule empowers the Court to make orders for the appointment of a guardian for:

    A A minor only B A person of unsound mind only C A minor or person of unsound mind, for the purposes of arbitration proceedings D Any party unable to attend the reference
84. Question 84 of 223

    Under section 26-A(2), where an award does not state the reasons in sufficient detail, the Court:

    A Shall set aside the award B May modify the award to supply the reasons C Shall remit the award to the arbitrators or umpire and fix the time within which the award with sufficient reasons is to be submitted D Shall pronounce judgment in terms of the award notwithstanding the defect
85. Question 85 of 223

    Under section 1(3), the Arbitration Act, 1940 came into force on which date?

    A 11 March 1940 B 1 January 1941 C 1 July 1940 D 1 April 1940
86. Question 86 of 223

    Which of the following is correctly matched?

    A One month - the period after service of notice before the Court may appoint under section 8(2) B Fifteen clear days - the period for appointment of an umpire under clause 2 of the First Schedule C Two months - the period after service of notice under section 9(b) D Fifteen clear days - the period after service of notice before the Court may appoint under section 8(2)
87. Question 87 of 223

    Under section 37(2), a term in an arbitration agreement postponing the accrual of a cause of action until an award is made:

    A Does not prevent the cause of action from being deemed to have accrued, for limitation purposes, when it would have accrued but for that term B Is void and of no effect C Suspends limitation until the award is made D Is binding on the parties for all purposes
88. Question 88 of 223

    Under clause 5 of the First Schedule, the umpire must make his award within:

    A Four months of entering on the reference B Two months of entering on the reference, or within such extended time as the Court may allow C One month of entering on the reference D Two months of his appointment
89. Question 89 of 223

    Under section 2(b), 'award' means:

    A An arbitration award B A decree passed in terms of an arbitration award C The final decision of an umpire only D Any order of the Court under the Act
90. Question 90 of 223

    Section 39 of the Arbitration Act, 1940 deals with:

    A Appealable orders B Second appeals to the High Court C Revision of orders passed under the Act D Review of an award
91. Question 91 of 223

    Under section 16(1)(b), the Court may remit an award where the award is:

    A So indefinite as to be incapable of execution B Made after the time fixed has expired C Not supported by reasons in sufficient detail D In excess of the matters referred
92. Question 92 of 223

    Section 34 of the Arbitration Act, 1940 empowers a judicial authority to:

    A Set aside an award B Stay legal proceedings where there is an arbitration agreement C Supersede an arbitration D Extend the time for commencing arbitration
93. Question 93 of 223

    Under the scheme of the Act, an interim AWARD is made by the arbitrator under section 27, whereas an interim ORDER after the filing of the award is made by:

    A The Court, under section 18 B The Court, under section 16 C The umpire, under the First Schedule D The High Court, under section 44
94. Question 94 of 223

    How many sections does the Arbitration Act, 1940 contain (including section 49)?

    A 45 B 49 C 51 D 37
95. Question 95 of 223

    Which Schedules to the Arbitration Act, 1940 remain operative?

    A The First and the Second Schedules B The First Schedule only C The Second and the Third Schedules D All four Schedules
96. Question 96 of 223

    Which sections make up Chapter IV of the Arbitration Act, 1940?

    A Sections 20 to 25 B Sections 21 to 25 C Sections 21 to 26 D Sections 21 to 24
97. Question 97 of 223

    Under section 12(2), where the Court removes a sole arbitrator or all the arbitrators, it may either appoint a person to act as sole arbitrator or:

    A Supersede the arbitration and proceed with the suit B Order that the arbitration agreement shall cease to have effect with respect to the difference referred C Remit the matter to the parties for fresh agreement D Direct that the difference be tried by a Small Cause Court
98. Question 98 of 223

    Section 17 of the Arbitration Act, 1940 deals with:

    A Judgment in terms of the award B Interim orders of the Court C Grounds for setting aside an award D Power to remit the award
99. Question 99 of 223

    After the award is filed under section 14(2), what must the Court do?

    A Pronounce judgment forthwith in terms of the award B Give notice to the parties of the filing of the award C Fix a date for the arbitrator's examination D Direct the arbitrator to state the reasons for the award
100. Question 100 of 223

     Under section 21, an application for an order of reference in a pending suit may be made:

     A Only before issues are framed B Only before the recording of evidence begins C At any time before judgment is pronounced D At any time before the decree is executed
101. Question 101 of 223

     Section 44 of the Arbitration Act, 1940 empowers which authority to make rules?

     A The High Court B The Federal Government C The Supreme Court D The Provincial Government
102. Question 102 of 223

     A person appointed by the Court under section 12(3) as arbitrator or umpire has:

     A Power subject to confirmation of the award by the Court B Power only to complete proceedings already begun C The like power to act in the reference and make an award as if appointed in accordance with the arbitration agreement D Power limited to the matters specified in the Court's order
103. Question 103 of 223

     Under section 8(2), the Court may appoint an arbitrator if the appointment is not made within what period after service of the written notice?

     A Thirty clear days B Seven clear days C Fifteen clear days D One month
104. Question 104 of 223

     Under section 7(1), where an insolvent is party to a contract containing an arbitration term, that term is enforceable by or against the receiver:

     A In all cases, whether or not the receiver adopts the contract B Only with the leave of the insolvency Court C If the receiver adopts the contract D Only where the differences arose before adjudication
105. Question 105 of 223

     Which single section makes up Chapter III of the Arbitration Act, 1940?

     A Section 21 B Section 19 C Section 34 D Section 20
106. Question 106 of 223

     Section 48 of the Arbitration Act, 1940 provides that the Act does not apply to:

     A Any reference pending at the commencement of the Act B Any arbitration under a statutory enactment C Any arbitration in a suit before a Small Cause Court D Any reference in which the Government is a party
107. Question 107 of 223

     Which of the following is a ground for the REMOVAL of an arbitrator under section 11, and also a ground for SETTING ASIDE an award under section 30?

     A That the arbitrator has failed to use reasonable dispatch B That the award is indefinite and incapable of execution C That the arbitrator has misconducted himself or the proceedings D That the award was improperly procured
108. Question 108 of 223

     Under section 45 of the Arbitration Act, 1940, the provisions of the Act are binding on:

     A Private parties only B The Government only where it has expressly submitted to arbitration C The Government D Statutory corporations but not the Government
109. Question 109 of 223

     Under section 10(1), where the agreement provides for three arbitrators - one by each party and the third by the two appointed - the agreement takes effect as if it provided for:

     A The appointment of a third arbitrator by the Court B The appointment of an umpire, and not a third arbitrator, by the two arbitrators appointed by the parties C A reference to a sole arbitrator D The appointment of a third arbitrator by consent of the parties
110. Question 110 of 223

     Under section 16(1)(c), the Court may remit an award where an objection to the legality of the award is:

     A Raised by any party within thirty days B Apparent upon the face of it C Established by evidence on affidavit D Certified by the arbitrator
111. Question 111 of 223

     How many categories of appealable orders are listed in section 39(1)?

     A Four B Six C Five D Seven
112. Question 112 of 223

     Section 18 of the Arbitration Act, 1940 empowers the Court to:

     A Make an interim award B Enlarge time for making the award C Issue processes for appearance before the arbitrator D Pass interim orders
113. Question 113 of 223

     Under section 41(b), the Court's power to make orders in relation to arbitration proceedings extends to the matters set out in:

     A The Second Schedule B The First Schedule C The Third Schedule D The Fourth Schedule
114. Question 114 of 223

     Under section 7(3), the expression 'receiver' includes:

     A A liquidator appointed by the Court B An administrator of the estate C A trustee under a deed of arrangement D An Official Assignee
115. Question 115 of 223

     Under section 24, a partial reference may be ordered provided that the matters referred:

     A Are of greater value than the remainder of the suit B Can be separated from the rest of the subject-matter of the suit C Are admitted by all the parties D Do not involve any question of law
116. Question 116 of 223

     Section 18(1) operates notwithstanding anything contained in which section?

     A Section 17 B Section 14 C Section 16 D Section 30
117. Question 117 of 223

     Section 32 of the Arbitration Act, 1940 bars:

     A Any application to set aside an award after thirty days B Any suit for a decision upon the existence, effect or validity of an arbitration agreement or award C Any appeal from a decree passed in terms of an award D Any arbitration where a suit is already pending
118. Question 118 of 223

     Under the proviso to section 9, the Court may set aside an appointment as sole arbitrator made under clause (b) and:

     A Appoint an umpire in his place B Order that the arbitration agreement cease to have effect C On sufficient cause being shown, allow further time to the defaulting party to appoint an arbitrator, or pass such other order as it thinks fit D Direct that the suit proceed in the ordinary way
119. Question 119 of 223

     Chapter VI of the Arbitration Act, 1940 is headed:

     A Miscellaneous B General C Jurisdiction D Appeals
120. Question 120 of 223

     Which of the following is ground (a) for setting aside an award under section 30?

     A That the award is against the weight of evidence B That the award does not state reasons in sufficient detail C That an arbitrator or umpire has misconducted himself or the proceedings D That the award is indefinite and incapable of execution
121. Question 121 of 223

     How many grounds for remitting an award are listed in section 16(1)?

     A Two B Four C Five D Three
122. Question 122 of 223

     How many powers are enumerated in section 13 of the Arbitration Act, 1940?

     A Five - clauses (a) to (e) B Three - clauses (a) to (c) C Four - clauses (a) to (d) D Six - clauses (a) to (f)
123. Question 123 of 223

     Chapter III of the Arbitration Act, 1940 is headed:

     A Arbitration without intervention of a Court B Arbitration in suits C Arbitration with intervention of a Court where there is no suit pending D General
124. Question 124 of 223

     Under section 14(2), the arbitrators or umpire cause the award to be filed in Court at the request of a party or:

     A Only after the expiry of thirty days from the award B Only with the consent of all parties C Only where the award is for payment of money D If so directed by the Court
125. Question 125 of 223

     Under section 13(a), the arbitrator or umpire may administer oath to:

     A The parties only B The parties and witnesses appearing C Witnesses only D Any person whose evidence the Court directs to be taken
126. Question 126 of 223

     Under section 28(1), the Court may enlarge the time for making the award:

     A Only before the time originally fixed has expired B Only before the award has been made C Only once, and for a period not exceeding four months D Whether the time has expired or not, and whether the award has been made or not
127. Question 127 of 223

     An award made by a sole arbitrator appointed under section 9(b) is:

     A Binding only on the defaulting party B Binding on both parties as if he had been appointed by consent C Binding only if confirmed by the Court D Provisional until the defaulting party is heard
128. Question 128 of 223

     Section 46 applies the Act to every arbitration under any other enactment, except which provisions?

     A Sections 8, 10, 11 and 12 B Sub-section (1) of section 8 and sections 9, 13 and 30 C Sections 20, 21 and 34 D Sub-section (1) of section 6 and sections 7, 12, 36 and 37
129. Question 129 of 223

     How many grounds for setting aside an award are listed in section 30?

     A Two B Three C Four D Six
130. Question 130 of 223

     An application under section 21 for an order of reference must be:

     A In writing B Made orally in open Court C Supported by an affidavit of each party D Attested by the proposed arbitrator
131. Question 131 of 223

     Under section 26-A(3), an award remitted under section 26-A(2) becomes void if:

     A Any party objects to the reasons given B The reasons stated differ from those originally given C The Court does not approve the reasons D The arbitrators or umpire fail to submit it in accordance with the direction of the Court
132. Question 132 of 223

     Under section 38(1), where an arbitrator refuses to deliver his award except on payment of the fees demanded, the Court may order delivery of the award on:

     A Payment into Court by the applicant of the fees demanded B Payment directly to the arbitrator of the fees demanded C Furnishing security for the fees demanded D Deposit of half the fees demanded
133. Question 133 of 223

     Under section 34, the power to stay the proceedings is expressed in which terms?

     A Discretionary - such authority 'may make an order staying the proceedings' B Mandatory - the authority shall stay the proceedings C Mandatory, subject only to the consent of the plaintiff D Discretionary, but only where the arbitrator has already been appointed
134. Question 134 of 223

     Under section 37(1), the provisions of which Act apply to arbitrations as they apply to proceedings in Court?

     A The Code of Civil Procedure, 1908 (V of 1908) B The Qanun-e-Shahadat Order, 1984 C The Limitation Act, 1908 (IX of 1908) D The Specific Relief Act, 1877
135. Question 135 of 223

     Under section 2(c), 'Court' means a Civil Court having jurisdiction to decide the question forming the subject-matter of the reference:

     A If the parties have agreed to confer jurisdiction on it B If the same had been the subject-matter of a suit C If it is a Court of the District Judge or above D If the award has already been filed in it
136. Question 136 of 223

     On what date did the Arbitration Act, 1940 receive assent / bear its date of enactment?

     A 1 July 1940 B 11 March 1940 C 11 March 1941 D 1 January 1940
137. Question 137 of 223

     Under section 31(1), an award may be filed in:

     A The Court of the District Judge only B Any Court having jurisdiction in the matter to which the reference relates C The High Court only D The Court in which the arbitration agreement was filed
138. Question 138 of 223

     The First Schedule to the Arbitration Act, 1940 is headed:

     A Powers of Court B Enactments repealed C Implied conditions of arbitration agreements D Forms of application
139. Question 139 of 223

     Under section 48, a reference pending at the commencement of the Act continues to be governed by:

     A The Arbitration Act, 1940, from the date of the first hearing B The law in force immediately before the commencement of the Act C Such law as the Court may direct D The Code of Civil Procedure, 1908 alone
140. Question 140 of 223

     Chapter VII of the Arbitration Act, 1940 is headed:

     A General B Miscellaneous C Appeals D Supplemental
141. Question 141 of 223

     Section 28 of the Arbitration Act, 1940 deals with the power to:

     A Remit the award B Modify the award C Enlarge the time for making the award D Supersede the arbitration
142. Question 142 of 223

     Item 1 of the Second Schedule empowers the Court to make orders regarding:

     A The preservation of the award pending appeal B The custody of the arbitrator's record C The sale of any property to satisfy the award D The preservation, interim custody or sale of any goods which are the subject-matter of the reference
143. Question 143 of 223

     Section 6(3) preserves the operation of any law by virtue of which:

     A An arbitration agreement is discharged by insolvency B A right of action is extinguished by the death of a person C An award becomes void on the death of the arbitrator D Limitation is suspended on the death of a party
144. Question 144 of 223

     Chapter V of the Arbitration Act, 1940 is headed:

     A Miscellaneous B Introductory C General D Appeals
145. Question 145 of 223

     Which section of the Act empowers the Court to REMIT an award, as distinct from setting it aside?

     A Section 15 B Section 30 C Section 16 D Section 19
146. Question 146 of 223

     Section 42 of the Arbitration Act, 1940 deals with:

     A Issue of processes by the Court B Notice of the filing of the award C Service of notice by a party or arbitrator otherwise than through the Court D Notice requiring the appointment of an arbitrator for limitation purposes
147. Question 147 of 223

     How many matters are listed in the Second Schedule to the Arbitration Act, 1940?

     A Four B Five C Six D Eight
148. Question 148 of 223

     Section 9 applies where an arbitration agreement provides that the reference shall be to:

     A A sole arbitrator B Three arbitrators C Two arbitrators, one to be appointed by each party D An arbitrator appointed by a designated third party
149. Question 149 of 223

     Under section 23(1), the Court's order of reference must specify:

     A The fees payable to the arbitrator B The procedure the arbitrator must follow C Such time as it thinks reasonable for the making of the award D The date on which the award shall be filed
150. Question 150 of 223

     Which sections make up Chapter II of the Arbitration Act, 1940?

     A Sections 3 to 20 B Sections 2 to 19 C Sections 3 to 19 D Sections 3 to 25
151. Question 151 of 223

     The Second Schedule is expressed to be read with which section of the Act?

     A Section 41 B Section 3 C Section 18 D Section 39
152. Question 152 of 223

     Under section 10(2), where three arbitrators are to be appointed otherwise than as described in sub-section (1), whose award prevails?

     A The award of the presiding arbitrator B The award of the umpire C The award of the majority, unless the arbitration agreement otherwise provides D The award of the arbitrator appointed first in time
153. Question 153 of 223

     Under section 29, where an award is for the payment of money, the Court may order interest in the decree:

     A From the date of the award, at six per cent per annum B From the date the cause of action arose C From the date of the decree, at such rate as the Court deems reasonable D From the date of filing of the award in Court
154. Question 154 of 223

     Under section 31(3), all applications regarding the conduct of arbitration proceedings must be made to:

     A The Court which appointed the arbitrator B The High Court C The Court in which the suit is pending D The Court where the award has been, or may be, filed, and to no other Court
155. Question 155 of 223

     Chapter II of the Arbitration Act, 1940 deals with:

     A Arbitration with intervention of a Court where there is no suit pending B Arbitration without intervention of a Court C Arbitration in suits D Appeals
156. Question 156 of 223

     Section 20(1) offers the parties an alternative to proceeding under which Chapter?

     A Chapter IV B Chapter II C Chapter V D Chapter VII
157. Question 157 of 223

     Under the proviso to section 25, instead of filling vacancies or making appointments, the Court may make an order superseding the arbitration and proceed with the suit in circumstances mentioned in which sections?

     A Sections 8, 10, 11 and 12 B Sections 8, 9, 10 and 11 C Sections 11, 12, 15 and 16 D Sections 3, 4, 5 and 6
158. Question 158 of 223

     Section 19 empowers the Court to supersede the reference where an award has become void under which provision, or has been set aside?

     A Sub-section (3) of section 16 B Sub-section (3) of section 26-A C Sub-section (2) of section 14 D Sub-section (1) of section 30
159. Question 159 of 223

     Under section 43(2), persons failing to attend in accordance with the Court's process, or guilty of contempt to the arbitrator during the investigation of the reference, are subject to:

     A Punishment imposed directly by the arbitrator B A fine fixed by the umpire C The like disadvantages, penalties and punishments by order of the Court as they would incur for the like offences in suits tried before the Court D Committal by the High Court for contempt
160. Question 160 of 223

     On superseding the reference under section 19, the Court:

     A May appoint fresh arbitrators to hear the difference B Shall order that the arbitration agreement cease to have effect with respect to the difference referred C Shall proceed to decide the difference itself D May direct the parties to enter into a fresh arbitration agreement
161. Question 161 of 223

     Under section 13(b), the arbitrator or umpire may state a special case for the opinion of the Court on:

     A Any question of fact in dispute B Any question of law involved C The quantum of costs D The validity of the arbitration agreement
162. Question 162 of 223

     Under section 26, the provisions of Chapter V apply to:

     A Arbitrations under Chapter II only B Arbitrations in suits only C Statutory arbitrations only D All arbitrations, save as otherwise provided in the Act
163. Question 163 of 223

     Under section 17, the Court pronounces judgment according to the award after:

     A Thirty days from the filing of the award in all cases B The time for making an application to set aside the award has expired, or such application having been made, after refusing it C The arbitrator has certified that no objection is pending D Hearing the arbitrator on the objections raised
164. Question 164 of 223

     Section 26-A was inserted into the Arbitration Act, 1940 by which instrument?

     A The Arbitration (Amendment) Ordinance, 1977 (XXVII of 1977) B The Arbitration (Amendment) Ordinance, 1981 (XV of 1981) C The Repealing and Amending Act, 1945 D Ordinance XII of 1972
165. Question 165 of 223

     Under section 42, in the absence of provision in the arbitration agreement, a notice may be served by delivering it to the person concerned or by:

     A Publication in a newspaper circulating in the district B Affixing it at the Court house C Delivering it to his legal practitioner D Sending it by post in a registered letter addressed to his usual or last known place of abode or business in Pakistan
166. Question 166 of 223

     Under section 9(b), a party may appoint his own arbitrator as sole arbitrator if the other party fails to appoint for how long after service of a written notice?

     A Thirty clear days B Ten clear days C Two months D Fifteen clear days
167. Question 167 of 223

     Must an arbitration agreement under the Arbitration Act, 1940 name the arbitrator to be valid?

     A Yes - naming an arbitrator is essential to validity B Yes, unless the Court dispenses with the requirement C No - section 2(a) expressly says it is immaterial whether an arbitrator is named or not D Only where the reference is to more than one arbitrator
168. Question 168 of 223

     Under section 23(2), where a matter is referred to arbitration in a suit, the Court:

     A Retains full concurrent jurisdiction over the matter B May decide the matter if the arbitrator delays C Must stay the whole suit until the award is made D Shall not, save in the manner and to the extent provided in the Act, deal with such matter in the suit
169. Question 169 of 223

     Section 24 deals with the situation where:

     A Only some of the parties to a suit apply to have the matters in difference between them referred to arbitration B The parties disagree on the choice of arbitrator C The arbitrator dies during the reference D The award exceeds the matters referred
170. Question 170 of 223

     Section 16 of the Arbitration Act, 1940 confers on the Court the power to:

     A Modify or correct the award B Set aside the award C Remit the award or any matter referred to arbitration for reconsideration D Enlarge the time for making the award
171. Question 171 of 223

     Section 47 provides that, subject to section 46, the Act applies to:

     A Arbitrations under written agreements only B Arbitrations commenced after 1 July 1940 only C All arbitrations and all proceedings thereunder D Commercial arbitrations only
172. Question 172 of 223

     Section 30 of the Arbitration Act, 1940 sets out the grounds for:

     A Remitting an award B Modifying or correcting an award C Superseding the arbitration D Setting aside an award
173. Question 173 of 223

     An arbitrator or umpire removed under section 11 is, under sub-section (3):

     A Entitled to remuneration proportionate to work done B Entitled to remuneration as fixed by the Court C Not entitled to receive any remuneration in respect of his services D Entitled to his full agreed fee
174. Question 174 of 223

     A precondition to appointing one's own arbitrator as sole arbitrator under section 9(b) is that the appointing party:

     A Had appointed his arbitrator before giving the notice B Had obtained the leave of the Court before giving the notice C Had given two successive notices D Had offered to accept the other party's nominee
175. Question 175 of 223

     The opening words of section 30 provide that an award shall not be set aside:

     A Except on one or more of the grounds specified in the section B On any ground other than misconduct C Unless an application is made within thirty days D Save with the leave of the High Court
176. Question 176 of 223

     Section 27 of the Arbitration Act, 1940 confers on the arbitrators or umpire the power to:

     A Make an interim award B Pass interim orders securing the amount in difference C Enlarge the time for making the award D Correct an award after it has been filed
177. Question 177 of 223

     The Arbitration Act, 1940 applies the Limitation Act, 1908 to arbitrations, and the Code of Civil Procedure, 1908 to proceedings before the Court. Which sections do this respectively?

     A Section 41(a) and section 37(1) B Section 37(1) and section 39(1) C Section 35(1) and section 41(b) D Section 37(1) and section 41(a)
178. Question 178 of 223

     Section 26-A of the Arbitration Act, 1940 requires the arbitrators or umpire to:

     A State in the award the reasons for the award in sufficient detail to enable the Court to consider any question of law arising out of the award B File the award within four months of entering on the reference C Give notice of the making of the award to the parties D State a special case for the opinion of the Court on every question of law
179. Question 179 of 223

     Under section 2(c), a Small Cause Court is excluded from the definition of 'Court' except for the purpose of arbitration proceedings under which section?

     A Section 20 B Section 34 C Section 21 D Section 14
180. Question 180 of 223

     Under section 35(1), the commencement of legal proceedings upon the subject-matter of a reference:

     A Automatically invalidates the reference B Does not by itself render the reference or award invalid C Automatically invalidates the award D Suspends the reference until the proceedings are decided
181. Question 181 of 223

     Under section 2(e), 'reference' means:

     A A reference to arbitration B A reference by the Court to the High Court on a question of law C The document by which disputes are submitted D A reference of a special case for the opinion of the Court
182. Question 182 of 223

     Registration of a notice under section 42(b) is effected under which Chapter of the Post Office Act, 1898?

     A Chapter VI B Chapter IV C Chapter VIII D Chapter II
183. Question 183 of 223

     Which section empowers the Court to MODIFY or CORRECT an award, as distinct from remitting it?

     A Section 16 B Section 13 C Section 26-A D Section 15
184. Question 184 of 223

     Which of the following statements about appeals under the Arbitration Act, 1940 is correct?

     A An appeal lies from every order passed under the Act B Section 39(1) lists the appealable orders exhaustively and section 39(2) bars a second appeal while saving the right of appeal to the Supreme Court C A second appeal lies to the High Court on a question of law D No appeal lies from any order passed under the Act
185. Question 185 of 223

     Under section 43(1), the Court shall issue the same processes to the parties and witnesses whom the arbitrator or umpire desires to examine as:

     A The arbitrator may direct B The Court may issue in suits tried before it C Are prescribed by rules made by the High Court D The parties may agree upon
186. Question 186 of 223

     An application under section 20(1) may be made where the parties entered into an arbitration agreement:

     A Before the institution of any suit with respect to the subject-matter of the agreement or any part of it, and a difference has arisen to which the agreement applies B After a suit has been instituted but before judgment C At any time, whether or not a difference has arisen D Only where the agreement names an arbitrator
187. Question 187 of 223

     The proviso to section 41 makes clear that clause (b) does not prejudice:

     A The Court's power to set aside the award B Any power vested in an arbitrator or umpire to make orders with respect to the same matters C The parties' power to agree on a different procedure D The High Court's power to make rules
188. Question 188 of 223

     Where an award is filed under section 14 and the Court sees no cause to remit or set it aside, the sequence prescribed by section 17 is:

     A A decree is passed forthwith, and judgment follows on appeal B The award is executed directly without any decree C Judgment is pronounced according to the award, and upon that judgment a decree follows D The Court records the award as a compromise of the suit
189. Question 189 of 223

     Under section 13(e), the arbitrator or umpire may administer to any party such what, as may in his opinion be necessary?

     A Interrogatories B Commissions C Summonses to produce documents D Warrants of attachment
190. Question 190 of 223

     Under section 37(4), where an agreement bars claims unless steps to commence arbitration are taken within a fixed time, the Court may extend that time if it is of opinion that:

     A The delay was caused by the other party B Undue hardship would otherwise be caused C The claim is prima facie well founded D The arbitrator consents to the extension
191. Question 191 of 223

     Under section 16(3), an award remitted under section 16(1) becomes void if:

     A Any party objects to the remission B The reconsidered award differs from the original C The Court does not pronounce judgment within four months D The arbitrator or umpire fails to reconsider it and submit his decision within the time fixed
192. Question 192 of 223

     Under section 34, an application to stay legal proceedings must be made:

     A At any time before the framing of issues B Within thirty days of service of summons C At any time before filing a written statement or taking any other steps in the proceedings D At any time before judgment is pronounced
193. Question 193 of 223

     Section 4 permits the parties to agree that the reference shall be to an arbitrator appointed by:

     A The Court alone B A person designated in the agreement either by name or as the holder for the time being of any office or appointment C The High Court on the application of either party D Any person nominated after the difference arises
194. Question 194 of 223

     Section 49 of the Arbitration Act, 1940 (Repeals and amendments) was repealed by which enactment?

     A The Repealing and Amending Act, 1942 (XXV of 1942) B The Central Laws (Statute Reform) Ordinance, 1960 C The Repealing and Amending Act, 1945 (VI of 1945) D The Arbitration (Amendment) Ordinance, 1981
195. Question 195 of 223

     Before the Court appoints an arbitrator under section 8(2), it must:

     A Record the consent of all parties in writing B Refer the question to the High Court C Direct the parties to attempt a fresh appointment D Give the other parties an opportunity of being heard
196. Question 196 of 223

     Which of the following is one of the three cases listed in section 8(1) in which the notice-to-concur machinery applies?

     A Where the arbitrator has made an award beyond time B Where an appointed arbitrator or umpire neglects or refuses to act, or is incapable of acting, or dies, and the vacancy is not supplied C Where a party has become insolvent D Where the award has been remitted for reconsideration
197. Question 197 of 223

     Under section 10(3), where more than three arbitrators are appointed and they are equally divided in opinion, whose award prevails?

     A The award of the senior-most arbitrator B No award can be made and the reference lapses C The Court must decide the matter itself D The award of the umpire, unless the arbitration agreement otherwise provides
198. Question 198 of 223

     Under section 22, how is the arbitrator appointed in an arbitration in a suit?

     A By the Court in every case B In such manner as may be agreed upon between the parties C By the presiding judge from a panel maintained by the High Court D By the plaintiff, subject to the defendant's objection
199. Question 199 of 223

     Under section 28(2), the arbitrators or umpire may enlarge the time for making the award only:

     A With the consent of a majority of the parties B With the consent of all the parties to the agreement C With the leave of the Court D Where the agreement expressly permits it
200. Question 200 of 223

     The Arbitration Act, 1940 is which Act of the year 1940?

     A Act X of 1940 B Act V of 1940 C Act IX of 1940 D Act XI of 1940
201. Question 201 of 223

     Under clause 8 of the First Schedule, the arbitrators or umpire may award costs to be paid as between:

     A Party and party only B Legal practitioner and client C Party and party, but only with the leave of the Court D Arbitrator and party
202. Question 202 of 223

     The Arbitration Act, 1940 provides for how many broad classes of arbitration?

     A Two B Four C Five D Three
203. Question 203 of 223

     An arbitrator appointed by the Court under section 8(2) has:

     A Like power to act in the reference and make an award as if appointed by consent of all parties B Power only to record evidence and report to the Court C Power limited by the terms of the Court's order in every case D No power to make an award without the Court's confirmation
204. Question 204 of 223

     Sections 32 and 33 of the Act operate together in what way?

     A Section 32 bars an application and section 33 prescribes a suit B Section 32 bars a suit as the mode of challenge, and section 33 prescribes an application decided on affidavits as the mode that must be used instead C Section 32 bars appeals and section 33 prescribes revision D Both bar challenges, leaving the award unchallengeable
205. Question 205 of 223

     Under section 6(2), the authority of an arbitrator is:

     A Not revoked by the death of the party who appointed him B Revoked by the death of the party who appointed him C Revoked by the death of any party to the reference D Suspended until the legal representative confirms the appointment
206. Question 206 of 223

     Under section 28(2), a provision in an arbitration agreement allowing the arbitrators or umpire to enlarge the time for making the award without the consent of all the parties is:

     A Void and of no effect B Valid if reasonable in the circumstances C Valid but subject to the Court's approval D Voidable at the instance of any party
207. Question 207 of 223

     Under section 41(a), the provisions of which enactment apply to all proceedings before the Court, and to all appeals, under the Arbitration Act, 1940?

     A The Limitation Act, 1908 (IX of 1908) B The Qanun-e-Shahadat Order, 1984 C The Civil Courts Ordinance, 1962 D The Code of Civil Procedure, 1908 (V of 1908)
208. Question 208 of 223

     Under section 18(1), one of the situations justifying an interim order is that a party has taken or is about to take steps to:

     A Challenge the appointment of the arbitrator B Withdraw from the arbitration agreement C Defeat, delay or obstruct the execution of any decree that may be passed upon the award D Apply for remission of the award
209. Question 209 of 223

     Under section 20(3), on such an application being made, the Court shall direct notice to be given to:

     A All parties to the agreement other than the applicants, requiring them to show cause why the agreement should not be filed B The arbitrator named in the agreement only C The Government, where a public contract is involved D All persons interested in the subject-matter, whether parties or not
210. Question 210 of 223

     Under section 46, the Act does not apply to a statutory arbitration in so far as the Act is:

     A Silent on the subject-matter of the arbitration B Inconsistent with that other enactment or with any rules made thereunder C More favourable to one of the parties D Inconsistent with the arbitration agreement
211. Question 211 of 223

     Under the proviso to section 47, an arbitration award otherwise obtained may be taken into consideration as a compromise or adjustment of a suit:

     A By the Court of its own motion B Only if it satisfies section 26-A C Only where it has been filed under section 14 D With the consent of all the parties interested, by the Court before which the suit is pending
212. Question 212 of 223

     Chapter I of the Arbitration Act, 1940 is headed:

     A Introductory B Preliminary C Definitions D General
213. Question 213 of 223

     Under section 38(2), an application under section 38(1) may NOT be made by a party where:

     A The award has already been filed in Court B The fees demanded have been fixed by written agreement between him and the arbitrator or umpire C The arbitrator was appointed by the Court D The party has already paid part of the fees
214. Question 214 of 223

     Under section 6(1), an arbitration agreement is:

     A Automatically discharged by the death of any party B Discharged only as respects the deceased party C Suspended until a legal representative is brought on record by the Court D Not discharged by the death of any party, and is enforceable by or against the legal representative of the deceased
215. Question 215 of 223

     Under section 20, the application to file the arbitration agreement is made to:

     A The High Court in every case B The Court of the District Judge only C Any Court in which the applicant resides D A Court having jurisdiction in the matter to which the agreement relates
216. Question 216 of 223

     Section 36 of the Arbitration Act, 1940 deals with a provision making an award:

     A A condition precedent to the bringing of an action B Final and binding on the parties C Enforceable as a decree of the Court D Subject to appeal on a question of law
217. Question 217 of 223

     Under item 3 of the Second Schedule, the Court may authorise a person to enter upon land or a building in the possession of a party to the reference for the purpose of:

     A Executing the decree passed on the award B Detention, preservation or inspection of property, taking samples, making observations, or trying experiments to obtain full information or evidence C Attaching the property in dispute D Serving notice of the reference
218. Question 218 of 223

     Under the Explanation to section 9, failure of an arbitrator or umpire to comply with a request to enter on and proceed with the reference within what period may constitute neglect or refusal to act?

     A Fifteen days B Two months C Four months D One month
219. Question 219 of 223

     Section 38 of the Arbitration Act, 1940 deals with disputes as to:

     A The validity of the arbitration agreement B The jurisdiction of the Court C The time for making the award D The arbitrator's remuneration or costs
220. Question 220 of 223

     Which of the following orders is appealable under section 39(1)?

     A An order remitting an award for reconsideration B An order enlarging the time for making the award C An order appointing an arbitrator D An order filing or refusing to file an arbitration agreement
221. Question 221 of 223

     Under section 30(b), an award may be set aside where it has been made after the issue of an order by the Court superseding the arbitration, or after the arbitration proceedings have become invalid under which section?

     A Section 34 B Section 19 C Section 37 D Section 35
222. Question 222 of 223

     How many matters are listed in section 44 as subjects on which the High Court may make rules?

     A Three - clauses (a) to (c) B Five - clauses (a) to (e) C Four - clauses (a) to (d) D Six - clauses (a) to (f)
223. Question 223 of 223

     Section 13 of the Act sets out the powers of:

     A The Court B The High Court C The parties to the reference D The arbitrator or umpire

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