Section 37 Arbitration Act: Appealable orders

Section 37 of Arbitration and Conciliation Act, 1996: Appealable orders

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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) An 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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Arbitration Sec 2(1)(a) Arbitral Tribunal Sec 2(1)(d)

Legal Commentary & Landmark Judgments: Section 37

Section 37 provides an exhaustive, limited catalogue of appealable orders in arbitral matters, barring any appeal beyond its statutory boundaries.

Arbitration Framework & Scope: Under Section 37(2), an appeal also lies from an order of an arbitral tribunal accepting a plea under Section 16(2)/(3) or granting/refusing interim measures under Section 17.
Appellate & Judicial Remedies: Section 37(3) explicitly prohibits second appeals, preserving only the right to approach the Supreme Court under Article 136.

This statutory framework establishes clear operational guidelines, balancing legal compliance with procedural safeguards.

Key Landmark Precedents:

Chintels India Ltd. v. Bhayana Builders Pvt. Ltd. (2021) 4 SCC 602: The Supreme Court held that an order refusing to condone delay under Section 34(3) is an order 'refusing to set aside an arbitral award' and is therefore appealable under Section 37(1)(c).
BGS SGS Soma JV v. NHPC Ltd. (2020) 4 SCC 234: Affirmed that Section 37 is an exhaustive code on appeals; orders not falling within its explicit clauses cannot be appealed through clever drafting or invocation of Letters Patent appeals.

Legal Commentary:

Section 37 strictly curbs multi-tiered litigation. Appellate review under Section 37 is even more circumscribed than Section 34 review; appellate courts cannot interfere unless the Section 34 court exercised its jurisdiction with patent perversity.

Section 37: Appealable orders

Section 37 of Arbitration and Conciliation Act, 1996: Appealable orders

Legal Commentary & Landmark Judgments: Section 37