Chapter IX: Appeals
Section 37: Appealable orders
This section strictly limits which orders related to arbitration can be challenged (appealed) in a higher court.
(1) 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:—
- Simple Translation: No matter what other laws say, you can only appeal these specific decisions made by the original Court (not the Tribunal), and the appeal must go to the next highest court.
(a) refusing to refer the parties to arbitration under section 8;
- Practical Example: Party X asks the Civil Court to stop a lawsuit and send the parties to arbitration (under Section 8). The Civil Court refuses the request. Party X can appeal that refusal to the High Court.
(b) granting or refusing to grant any measure under section 9;
- Practical Example: Party Y asks the Civil Court (under Section 9) for an order to freeze assets. The Court refuses this request. Party Y can appeal the refusal to a higher court.
(c) setting aside or refusing to set aside an arbitral award under section 34.
- Practical Example: Party Z challenges the final award (under Section 34). The Court either sets the award aside or refuses to set the award aside. Either decision can be appealed to a higher court.
(2) Appeal shall also lie to a court from an order of the arbitral tribunal—
- Simple Translation: You can also appeal these specific interim decisions made by the Arbitrator (Tribunal) directly to the Court:
(a) accepting the plea referred to in sub-section (2) or sub-section (3) of section 16; or
- Practical Example: The Arbitral Tribunal decides it does have jurisdiction to hear the case (it rejects the plea to dismiss the case). The dissatisfied party can immediately appeal that decision to the Court.
(b) granting or refusing to grant an interim measure under section 17.
- Practical Example: The Arbitrator orders a temporary injunction (under Section 17) to prevent a party from selling goods. The party subject to the order can immediately appeal the injunction to the Court.
(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.
- Simple Translation: You get one single level of appeal for these orders (e.g., from Civil Court to High Court, or Arbitrator to Civil Court). Once that first appeal is decided, you cannot appeal that decision again to an intermediate court (like a division bench of the High Court), although you maintain your constitutional right to approach the Supreme Court.
- Practical Example: The Civil Court refuses to set aside an award. Party Z appeals to the High Court. Once the High Court issues its decision, Party Z cannot file a further appeal to another High Court bench or another lower appellate court. Their only recourse is the Supreme Court.
