Section 37 of the Arbitration and Conciliation Act, 1996: Appealable Orders

Section 37 identifies the limited categories of orders from which an appeal is permitted under Part I of the Arbitration and Conciliation Act, 1996. The provision is deliberately restrictive: appeals lie only from the orders expressly listed in Section 37 and from no others.

Current legal position: Section 37(1) begins with a non-obstante clause and permits appeals only from the specifically enumerated orders. Section 37(2) separately permits appeals from two categories of orders made by an arbitral tribunal. Section 37(3) bars a second appeal under this section while preserving any right of appeal to the Supreme Court.

Text of Section 37 - Appealable Orders

(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:--

refusing to refer the parties to arbitration under section 8;
granting or refusing to grant any measure under section 9;
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--

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 Section 37 Means

1. Appeals are limited to a closed statutory list

The words "and from no others" make Section 37 a restrictive appeal provision. A party cannot invoke Section 37 merely because an order is adverse. The order must fall within one of the categories expressly identified by the section.

2. Refusal to refer parties to arbitration under Section 8 is appealable

An appeal lies where a judicial authority refuses to refer the parties to arbitration under Section 8. Section 37 does not list an order allowing the reference under Section 8 as an appealable order.

3. Section 9 orders are appealable

An order granting or refusing interim measures under Section 9 is appealable under Section 37(1)(b). This covers both grant and refusal of judicial interim protection under Section 9.

4. Section 34 orders are appealable

An appeal lies from an order setting aside or refusing to set aside an arbitral award under Section 34.

5. Certain jurisdictional orders of the tribunal are appealable

Section 37(2)(a) permits an appeal where the arbitral tribunal accepts a plea under Section 16(2) or Section 16(3), concerning the tribunal's jurisdiction or an allegation that it is exceeding the scope of its authority.

6. Section 17 interim-measure orders are appealable

Section 37(2)(b) permits an appeal from an arbitral tribunal's order granting or refusing to grant an interim measure under Section 17.

7. No second appeal under Section 37

Section 37(3) bars a second appeal from an order passed in an appeal under Section 37. The same sub-section expressly preserves any right of appeal to the Supreme Court.

Important point: Section 37 is not a general appellate provision over all orders passed under the Arbitration and Conciliation Act, 1996. Whether an appeal is maintainable depends first on whether the impugned order falls within the express categories in Section 37.

Amendment History

The Arbitration and Conciliation (Amendment) Act, 2015 substituted the appealable-order clauses in Section 37(1) with effect from 23 October 2015. The Arbitration and Conciliation (Amendment) Act, 2019 further amended Section 37(1) with effect from 30 August 2019 by inserting the opening words "Notwithstanding anything contained in any other law for the time being in force" before the appeal provision.

Key Points at a Glance

Section 37 permits appeals only from orders expressly listed in the provision.
Refusal to refer parties to arbitration under Section 8 is appealable.
Grant or refusal of measures under Section 9 is appealable.
Setting aside or refusal to set aside an award under Section 34 is appealable.
An arbitral tribunal's acceptance of specified jurisdictional pleas under Section 16 is appealable.
Grant or refusal of an interim measure under Section 17 is appealable.
No second appeal lies under Section 37.
The statutory bar does not take away any right of appeal to the Supreme Court.

Official Legal Sources

For the authoritative and updated statutory text, see the Arbitration and Conciliation Act, 1996 on India Code. The non-obstante clause was inserted through the Arbitration and Conciliation (Amendment) Act, 2019.