AIBE XX — November 2025 — Q.71 | AIBE Prep

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Q.71

Code of Civil Procedure (CPC) Medium Section in Options

Bare Act Arbitration and Conciliation Act, 1996

Under Section 37 of the Arbitration and Conciliation Act, 1996, which of the following orders is not appealable ?

A Refusing to refer parties to arbitration under Section 8.

✓ Refusing to appoint arbitrator under Section 11. 54 Answer

C Refusing to grant any measure under Section 9.

D Refusing to grant an interim measure under Section 17.

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Explanation & Strategy

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Under Section 37 of the Arbitration Act, appeals are limited to specific orders. Refusing to appoint an arbitrator under S.11 is NOT appealable — the court's decision under S.11 is final. However, orders under S.8 (refusing arbitration reference), S.9 (interim measures), S.17 (interim measures by tribunal), and S.34 (setting aside award) ARE appealable.

1 Open Arbitration Act → Section 37. Read the exhaustive list of appealable orders. S.11 (appointment of arbitrator) is NOT listed among appealable orders. S.8, S.9, S.17, S.34 orders ARE appealable. Confirm option (B) — refusing S.11 appointment = not appealable.

At a Glance

Subject Code of Civil Procedure (CPC)

Difficulty Medium

Act Arbitration and Conciliation Act, 1996

Answer (B) Section in Options

Paper AIBE XX — November 2025

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