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Section 60: Appealable orders

Arbitration and Conciliation Act, 1996 • Official Statutory Text & Practice Guide

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Act 1996
Section 59 All 87 Sections Schedules (4th, 5th, 7th) Section 61

Legal Commentary & Landmark Judgments: Section 60

Section 60 of the Arbitration and Conciliation Act, 1996 governs appealable orders under the Geneva Convention (Chapter II of Part II), restricting appeals to orders refusing to refer parties to arbitration or refusing to enforce a foreign award.

  • Limited Grounds of Appeal: An appeal shall lie from the order of the Court to the Court authorized by law to hear appeals only from orders: (a) refusing to refer parties to arbitration under Section 54; (b) refusing to enforce a foreign award under Section 57.
  • No Appeal Against Enforcement: An order upholding enforcement is non-appealable under this section.
  • Bar on Second Appeal: Section 60(2): No second appeal shall lie from an order passed in appeal under this section, saving only Supreme Court review under Article 136.
Key Landmark Precedents:
  • Kandla Export Corpn. v. OCI Corpn., (2018) 14 SCC 715: The Supreme Court authoritatively settled that Section 60, like Section 50, strictly circumscribes appellate remedies; no appeal lies against an order enforcing a foreign award.
  • Renusagar Power Co. Ltd. v. General Electric Co., 1994 Supp (1) SCC 644: Discussed the limited appellate avenues under foreign award enforcement chapters.
Courtroom Practice & Strategic Litigation Guidance:

Remember that an order enforcing a Geneva foreign award is non-appealable before the High Court Division Bench; challenge lies exclusively via a Special Leave Petition (SLP) to the Supreme Court under Article 136.

Section 59 All 87 Sections Schedules (4th, 5th, 7th) Section 61