Arbitration Act 1940 Part 3 Appeals, Misc, Schedules

1. Question 1 of 74

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

   A By the Court in every case B By the presiding judge from a panel maintained by the High Court C In such manner as may be agreed upon between the parties D By the plaintiff, subject to the defendant's objection
2. Question 2 of 74

   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 the decree is executed D At any time before judgment is pronounced
3. Question 3 of 74

   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 Under the Code of Civil Procedure, 1908 exclusively D In accordance with, and governed by, the other provisions of the Act so far as they can be made applicable
4. Question 4 of 74

   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 Filed as a miscellaneous application only D In writing, and numbered and registered as a suit
5. Question 5 of 74

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

   A Remit the award B Modify the award C Supersede the arbitration D Enlarge the time for making the award
6. Question 6 of 74

   Section 17 of the Arbitration Act, 1940 deals with:

   A Interim orders of the Court B Judgment in terms of the award C Grounds for setting aside an award D Power to remit the award
7. Question 7 of 74

   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 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 B Has deposited the arbitrator's fees in Court C Has not committed any breach of the underlying contract D Has already appointed his arbitrator
8. Question 8 of 74

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

   A Chapter IV B Chapter V C Chapter II D Chapter VII
9. Question 9 of 74

   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 the award is indefinite and incapable of execution D That an arbitrator or umpire has misconducted himself or the proceedings
10. Question 10 of 74

    Chapter IV of the Arbitration Act, 1940 is headed:

    A Arbitration with intervention of a Court where there is no suit pending B Arbitration in suits C General D Appeals
11. Question 11 of 74

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

    A The Arbitration (Amendment) Ordinance, 1977 (XXVII of 1977) B The Repealing and Amending Act, 1945 C The Arbitration (Amendment) Ordinance, 1981 (XV of 1981) D Ordinance XII of 1972
12. Question 12 of 74

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

    A Any persons claiming under any of the parties and litigating under the same title B The arbitrators and the umpire C Any person on whom notice of the reference has been served D Any person interested in the subject-matter of the reference
13. Question 13 of 74

    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 The award is contrary to law D It is in excess of, or not otherwise in accordance with, the award
14. Question 14 of 74

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

    A Automatically invalidates the reference B Automatically invalidates the award C Does not by itself render the reference or award invalid D Suspends the reference until the proceedings are decided
15. Question 15 of 74

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

    A The Court where the award has been, or may be, filed, and to no other Court B The High Court C The Court in which the suit is pending D The Court which appointed the arbitrator
16. Question 16 of 74

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

    A Section 14 B Section 17 C Section 16 D Section 30
17. Question 17 of 74

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

    A The arbitrators or umpire fail to submit it in accordance with the direction of the Court B The reasons stated differ from those originally given C The Court does not approve the reasons D Any party objects to the reasons given
18. Question 18 of 74

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

    A All the parties interested B The plaintiff alone C The plaintiff and the principal defendant D A majority of the parties
19. Question 19 of 74

    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 On the parties who joined, and on their legal representatives and privies in the suit D Only on the parties who have joined in the application
20. Question 20 of 74

    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 Only after the time to set aside the award has expired C Whether or not notice of the filing has been served D Only where the award is for payment of money
21. Question 21 of 74

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

    A The arbitrator or umpire fails to reconsider it and submit his decision within the time fixed B The reconsidered award differs from the original C The Court does not pronounce judgment within four months D Any party objects to the remission
22. Question 22 of 74

    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 judgment is pronounced D At any time before filing a written statement or taking any other steps in the proceedings
23. Question 23 of 74

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

    A A Court having jurisdiction in the matter to which the agreement relates B The Court of the District Judge only C Any Court in which the applicant resides D The High Court in every case
24. Question 24 of 74

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

    A All arbitrations, save as otherwise provided in the Act B Arbitrations in suits only C Statutory arbitrations only D Arbitrations under Chapter II only
25. Question 25 of 74

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

    A Setting aside an award B Modifying or correcting an award C Superseding the arbitration D Remitting an award
26. Question 26 of 74

    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 Valid if reasonable in the circumstances B Void and of no effect C Valid but subject to the Court's approval D Voidable at the instance of any party
27. Question 27 of 74

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

    A Made by a majority rather than unanimously B Improperly procured or is otherwise invalid C Made without the arbitrator administering an oath D Filed in Court beyond the time fixed
28. Question 28 of 74

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

    A The Court of the District Judge only B The High Court only C Any Court having jurisdiction in the matter to which the reference relates D The Court in which the arbitration agreement was filed
29. Question 29 of 74

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

    A Section 20 B Section 19 C Section 34 D Section 21
30. Question 30 of 74

    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 26-A B Sub-section (3) of section 16 C Sub-section (2) of section 14 D Sub-section (1) of section 30
31. Question 31 of 74

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

    A After a suit has been instituted but before judgment B 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 C At any time, whether or not a difference has arisen D Only where the agreement names an arbitrator
32. Question 32 of 74

    Chapter III of the Arbitration Act, 1940 is headed:

    A Arbitration without intervention of a Court B Arbitration in suits C General D Arbitration with intervention of a Court where there is no suit pending
33. Question 33 of 74

    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 By any Court of competent jurisdiction in the ordinary way D Only as provided in the Arbitration Act, 1940
34. Question 34 of 74

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

    A Apply to the Court, which shall decide the question on affidavits B Apply to the arbitrator in the first instance C Move the High Court in its supervisory jurisdiction D Institute a suit for a declaration
35. Question 35 of 74

    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 36 D Section 34
36. Question 36 of 74

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

    A Pass interim orders B Enlarge time for making the award C Issue processes for appearance before the arbitrator D Make an interim award
37. Question 37 of 74

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

    A Whether the time has expired or not, and whether the award has been made or not B Only before the award has been made C Only once, and for a period not exceeding four months D Only before the time originally fixed has expired
38. Question 38 of 74

    Section 24 deals with the situation where:

    A The parties disagree on the choice of arbitrator B Only some of the parties to a suit apply to have the matters in difference between them referred to arbitration C The arbitrator dies during the reference D The award exceeds the matters referred
39. Question 39 of 74

    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 Apply for remission of the award D Defeat, delay or obstruct the execution of any decree that may be passed upon the award
40. Question 40 of 74

    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 May direct a fresh reference C Shall proceed with the suit D Shall stay the suit until a new agreement is made
41. Question 41 of 74

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

    A Two B Four C Three D Six
42. Question 42 of 74

    Section 32 of the Arbitration Act, 1940 bars:

    A Any application to set aside an award after thirty days B Any appeal from a decree passed in terms of an award C Any suit for a decision upon the existence, effect or validity of an arbitration agreement or award D Any arbitration where a suit is already pending
43. Question 43 of 74

    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 Specific Relief Act, 1877 D The Limitation Act, 1908 (IX of 1908)
44. Question 44 of 74

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

    A Exclude interim awards in every case B Include interim awards only for the purposes of section 30 C Include references to an interim award made under section 27(1) D Include interim awards only where the Court so directs
45. Question 45 of 74

    Chapter V of the Arbitration Act, 1940 is headed:

    A Miscellaneous B Introductory C Appeals D General
46. Question 46 of 74

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

    A File the award within four months of entering on the reference B 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 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
47. Question 47 of 74

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

    A Pass interim orders securing the amount in difference B Make an interim award C Enlarge the time for making the award D Correct an award after it has been filed
48. Question 48 of 74

    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 arbitration agreement was executed D The Court in which the award under the agreement has been, or may be, filed, and by no other Court
49. Question 49 of 74

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

    A Is void and of no effect B 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 C Suspends limitation until the award is made D Is binding on the parties for all purposes
50. Question 50 of 74

    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 Direct the parties to proceed under Chapter II C Make an order of reference to the arbitrator appointed by the parties, or where they cannot agree, to an arbitrator appointed by the Court D Stay the application until an arbitrator is agreed
51. Question 51 of 74

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

    A So far as they can be made applicable B Only where the Court so directs C Only to the extent that the parties agree D In their entirety and without qualification
52. Question 52 of 74

    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 arbitrator has certified that no objection is pending C The time for making an application to set aside the award has expired, or such application having been made, after refusing it D Hearing the arbitrator on the objections raised
53. Question 53 of 74

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

    A Set aside an award B Supersede an arbitration C Stay legal proceedings where there is an arbitration agreement D Extend the time for commencing arbitration
54. Question 54 of 74

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

    A Sections 20 to 25 B Sections 21 to 26 C Sections 21 to 25 D Sections 21 to 24
55. Question 55 of 74

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

    A Mandatory - the authority shall stay the proceedings B Discretionary - such authority 'may make an order staying the proceedings' C Mandatory, subject only to the consent of the plaintiff D Discretionary, but only where the arbitrator has already been appointed
56. Question 56 of 74

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

    A A notice requiring the appointment of an arbitrator, or requiring that the difference be submitted to the person named or designated in the agreement B A statement of claim C A demand for payment of the sum in dispute D A copy of the arbitration agreement
57. Question 57 of 74

    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 pronounce judgment in terms of the award notwithstanding the defect D Shall remit the award to the arbitrators or umpire and fix the time within which the award with sufficient reasons is to be submitted
58. Question 58 of 74

    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, 9, 10 and 11 B Sections 8, 10, 11 and 12 C Sections 11, 12, 15 and 16 D Sections 3, 4, 5 and 6
59. Question 59 of 74

    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 35 B Section 19 C Section 37 D Section 34
60. Question 60 of 74

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

    A Made orally in open Court B In writing C Supported by an affidavit of each party D Attested by the proposed arbitrator
61. Question 61 of 74

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

    A The arbitrator named in the agreement only B All parties to the agreement other than the applicants, requiring them to show cause why the agreement should not be filed C The Government, where a public contract is involved D All persons interested in the subject-matter, whether parties or not
62. Question 62 of 74

    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 future differences only C As regards a particular difference D Only where the award has been set aside
63. Question 63 of 74

    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 Are admitted by all the parties C Can be separated from the rest of the subject-matter of the suit D Do not involve any question of law
64. Question 64 of 74

    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 suit between the same parties on the same subject-matter B The arbitration proceedings and all subsequent applications arising out of that reference C Any appeal arising from the award D The execution of the decree passed on the award
65. Question 65 of 74

    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 filing of the award in Court D From the date of the decree, at such rate as the Court deems reasonable
66. Question 66 of 74

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

    A On any ground other than misconduct B Except on one or more of the grounds specified in the section C Unless an application is made within thirty days D Save with the leave of the High Court
67. Question 67 of 74

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

    A Shall not, save in the manner and to the extent provided in the Act, deal with such matter in the suit B May decide the matter if the arbitrator delays C Must stay the whole suit until the award is made D Retains full concurrent jurisdiction over the matter
68. Question 68 of 74

    On superseding the reference under section 19, the Court:

    A May appoint fresh arbitrators to hear the difference B Shall proceed to decide the difference itself C Shall order that the arbitration agreement cease to have effect with respect to the difference referred D May direct the parties to enter into a fresh arbitration agreement
69. Question 69 of 74

    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 leave of the Court C With the consent of all the parties to the agreement D Where the agreement expressly permits it
70. Question 70 of 74

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

    A One or more of the parties interested as plaintiff or plaintiffs and the remainder as defendant or defendants B The applicant as plaintiff and the Court as respondent C All parties as co-plaintiffs and the arbitrator as defendant D All applicants as plaintiffs, with no defendants
71. Question 71 of 74

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

    A Show cause against such orders, whereupon the Court may pass such further orders as it deems necessary and just B Apply to the arbitrator for its recall C Apply for the order to be set aside only after the decree is passed D Appeal directly to the High Court
72. Question 72 of 74

    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 The date on which the award shall be filed D Such time as it thinks reasonable for the making of the award
73. Question 73 of 74

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

    A Final and binding on the parties B A condition precedent to the bringing of an action C Enforceable as a decree of the Court D Subject to appeal on a question of law
74. Question 74 of 74

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

    A Convert the application into a suit B 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 C Refer the question to the arbitrator for his opinion D Direct a trial by the High Court

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