Section 50 of the Arbitration and Conciliation Act, 1996 - Appealable Orders

Section 50 forms part of Part II, Chapter I of the Arbitration and Conciliation Act, 1996, which deals with New York Convention foreign awards. It specifies the limited orders from which an appeal lies in matters concerning reference to arbitration under Section 45 and enforcement of a foreign award under Section 48.

Text of Section 50 - Appealable orders

Amendment note: Act 33 of 2019, Section 12 substituted the opening words "An appeal" with the present non-obstante formulation, with effect from 30 August 2019.

Meaning and scope of Section 50

Section 50 creates a specific and limited appellate remedy in proceedings concerning New York Convention awards. An appeal is expressly available where the court refuses to refer parties to arbitration under Section 45 or refuses to enforce a foreign award under Section 48.

The provision does not create a general right of appeal against every order made in proceedings under Part II. The Supreme Court has treated Section 50 as exhaustive for appeals in this field. In particular, an appeal that is not maintainable under Section 50 cannot ordinarily be created by relying on a general appellate provision such as Section 13 of the Commercial Courts Act, 2015.

What is Section 45?

Section 45 of the Arbitration and Conciliation Act, 1996 deals with the power and duty of a judicial authority to refer parties to arbitration where the matter before it is covered by an arbitration agreement falling under Part II, Chapter I, subject to the statutory exceptions applicable to the arbitration agreement.

Under Section 50(1)(a), an appeal lies when the judicial authority refuses to refer the parties to arbitration under Section 45.

What is Section 48?

Section 48 of the Arbitration and Conciliation Act, 1996 sets out the limited grounds on which enforcement of a New York Convention foreign award may be refused in India.

Under Section 50(1)(b), an appeal lies when the court refuses to enforce a foreign award under Section 48.

No second appeal under Section 50(2)

Section 50(2) expressly bars a second appeal from an appellate order passed under Section 50. At the same time, the provision states that it does not affect or take away any right to appeal to the Supreme Court. The availability and maintainability of any proceeding before the Supreme Court depends on the applicable constitutional and statutory framework and the facts of the case.

2019 amendment to Section 50

The Arbitration and Conciliation (Amendment) Act, 2019 amended Section 50(1). With effect from 30 August 2019, the words "Notwithstanding anything contained in any other law for the time being in force, an appeal" replaced the earlier words "An appeal". The amendment reinforces the special appellate scheme contained in Section 50.

Related provisions

Section 50 should be read with the surrounding provisions governing New York Convention awards, including Section 44 - Definition, Section 45 - Reference to arbitration, Section 47 - Evidence, Section 48 - Conditions for enforcement, and Section 49 - Enforcement of foreign awards.