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Section 37 of Arbitration and Conciliation Act 1996: Appealable Orders

Section 37 (Appealable orders) is under Chapter IX (Appeals) of the Part I (Arbitration) of the Arbitration and Conciliation Act, 1996.—

“(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:—
 (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 take away any right to appeal to the Supreme Court.”



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Extra Notes for Readers

(1) Section 37 was amended by the Arbitration and Conciliation (Amendment) Act, 2015 (w.e.f. 23 Oct 2015), as follows:

 i. Old clauses (a) & (b) of sub-section (1) were substituted by the new clauses (a), (b) & (c).

(2) Section 37 of the Arbitration and Conciliation Act, 1996 was amended by section 8 of the Arbitration and Conciliation (Amendment) Act, 2019, which received the assent of the President and was published in the Official Gazette on 9th August, 2019.

Section 8 of the Arbitration and Conciliation (Amendment) Act, 2019 came into force w.e.f. 30th August, 2019 vide notification dated the 30th August, 2019 by Ministry of Law and Justice (Department of Legal Affairs).



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This page was last updated on 30th August, 2019.

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