Q. 1
Judicial Studies
Difficulty: Easy
(1 Mark)
Under the Arbitration Act 1940, an 'Arbitration Agreement' is defined under Section 2(a) as:
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Step-by-Step Explanation & Concept Rationale
Section 2(a) of the Arbitration Act 1940 defines an arbitration agreement as a written agreement to submit present or future differences to arbitration, whether an arbitrator is named therein or not.
Q. 2
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 34 of the Arbitration Act 1940, where any party to an arbitration agreement commences any legal proceedings in court against another party in respect of any matter agreed to be referred, the court may:
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Step-by-Step Explanation & Concept Rationale
Section 34 of the Arbitration Act 1940 enables a party to apply for stay of legal proceedings in court before filing written statement or taking any steps in the proceeding, compelling parties to honor the arbitration agreement.
Q. 3
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 30 of the Arbitration Act 1940, an arbitration award can be set aside by the court on which of the following grounds?
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Step-by-Step Explanation & Concept Rationale
Section 30 of the Arbitration Act specifies three exclusive grounds for setting aside an award: (a) that an arbitrator or umpire has misconducted himself or the proceedings, (b) that an award has been made after the issue of an order by the Court superseding the arbitration, or (c) that an award has been improperly procured or is otherwise invalid.
Q. 4
Judicial Studies
Difficulty: Medium
(1 Mark)
Under the Arbitration Act 1940, what is the statutory period within which an arbitrator must make his award under the First Schedule (unless extended by Court)?
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Step-by-Step Explanation & Concept Rationale
Rule 3 of the First Schedule to the Arbitration Act 1940 provides that the arbitrators shall make their award within four months after entering on the reference or after having been called on to act by notice in writing.
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