Appealable Order

In arbitration law, the right to appeal is strictly limited to ensure that the process remains faster than traditional litigation. Section 37 of the Act specifies the "Appealable Orders"—orders against which a party can approach a higher court.

• Orders of the Court: An appeal lies to a higher court from the following orders of a civil court:

  1. Refusing to refer the parties to arbitration under Section 8.

  2. Granting or refusing to grant any interim measure under Section 9.

  3. Setting aside or refusing to set aside an arbitral award under Section 34.

• Orders of the Arbitral Tribunal: A party can also appeal to a court against certain specific decisions made by the Arbitrators:

  1. Accepting a plea that the tribunal does not have jurisdiction (Section 16).

  2. Granting or refusing to grant an interim measure under Section 17.

• No "Second Appeal": The Act explicitly prohibits a second appeal from an order passed in an appeal under Section 37. However, this does not take away the right of a party to approach the Supreme Court of India via a Special Leave Petition (SLP) under Article 136 of the Constitution.

• Limitation: Appeals must be filed within the timeframe specified by the Limitation Act (usually 60 to 90 days depending on the court).