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Section 37 Arbitration and Conciliation Act, 1996

Arbitration and Conciliation Act, 1996

 

 

37. Appealable orders.—

 

 

(1) 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) granting or refusing to grant any measure under section 9;

 

(b) 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 granting of the arbitral tribunal.—

 

(a) accepting the plea referred 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.

Comments

 

Determination of forum of appellate court

 

Forum of appellate court must be determined with reference to definition of court in section 2(1)(e) of the Act. If a High Court does not exercise the original Civil Jurisdiction, it would not be a ‘Court’ within the meaning of the said provision; Pandey & Co. Builders Pvt. Ltd. v. State of Bihar, AIR 2007 SC 465.

 

Maintainability

 

A second appeal against the order of arbitral tribunal is not maintainable under this section; Cref Finance Ltd. v. Puri Construction Ltd., AIR 2001 Del 414.

 

 

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Arbitration and Conciliation Act, 1996

 

Indian Laws – Bare Acts

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