S.37 of the Arbitration Act – Appealable orders

  1. An appeal shall lie from the following orders (and from no others) to the Court authorized by law to hear appeals from original decrees of the Court passing the order namely:
    • Granting or refusing to grant any measure under Section 6:
    • Setting aside or refusing to set aside an arbitral award under Section 34.
  2. An appeal shall also lie to a court from an order of the arbitral tribunal
    • Accepting the plea referred to in sub-section (2) or sub-section(3) of Section 16: or
    • 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 take away any right to appeal to the Supreme Court.

What emanates from a plain reading of Section 37 of the Act is that the legislature by using expression an appeal shall lie from the orders provided therein ‘and from no others’ has taken away the right to appeal against all orders except specified in Section 37 (1) and (2) and the words ‘and from no others’ although not present in sub-section (2) of Section 37 also qualify the scope of appeals against the orders of the arbitral Tribunal under Section 37 (2).

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