Arbitration and Conciliation Act Section 37 — Appealable orders
CHAPTER IX — Appeals
Civil
Summary
Sub-section (1) states that an appeal can be filed against certain specific orders, and only those orders, to the court that is authorised by law to hear appeals from original decrees of the court that passed the order. This applies despite anything contained in any other law currently in force.
Under clause (a) of sub-section (1), an appeal lies from an order refusing to refer the parties to arbitration under section 8.
Under clause (b) of sub-section (1), an appeal lies from an order granting or refusing to grant any measure under section 9.
Under clause (c) of sub-section (1), an appeal lies from an order setting aside or refusing to set aside an arbitral award under section 34.
Sub-section (2) states that an appeal also lies to a court from an order of the arbitral tribunal in two situations.
Under clause (a) of sub-section (2), an appeal lies from an order of the arbitral tribunal accepting the plea referred to in sub-section (2) or sub-section (3) of section 16.
Under clause (b) of sub-section (2), an appeal lies from an order of the arbitral tribunal granting or refusing to grant an interim measure under section 17.
Sub-section (3) states that no second appeal shall lie from an order passed in appeal under this section, but this does not affect or take away any right to appeal to the Supreme Court.
Official Text
(1) 2[Notwithstanding anything contained in any other law for the time being in force, an appeal] shall lie from the following orders (and from no others) to the Court authorised by law to hear appeals from original decrees of the Court passing the order, namely:— 3[
(a) refusing to refer the parties to arbitration under section 8;
(b) granting or refusing to grant any measure under section 9;
(c) setting aside or refusing to set aside an arbitral award under section 34.]
(2) Appeal shall also lie to a court from an order of the arbitral tribunal—
(a) accepting the plea referred to in sub-section (2) or sub-section (3) of section 16; or
(b) granting or refusing to grant an interim measure under section 17.
(3) No second appeal shall lie from an order passed in appeal under this section, but nothing in this section shall affect or takeaway any right to appeal to the Supreme Court.