Arbitration, Mediation and Conciliation · Challenge to Award and Appeals

Appealable Orders under Section 37 of the Arbitration Act

Updated 11 October 2026 · Fact-checked

Section 37 of the Arbitration and Conciliation Act, 1996 lists the orders from which an appeal lies, and no others. Court orders under sections 8, 9 and 34 are appealable, as are tribunal orders under sections 16(2)/(3) and 17. No second appeal lies, but an appeal to the Supreme Court stays open.

Understand Appealable Orders (Section 37)

An arbitration is meant to be quick and final. So the Act limits how often courts can step in. Section 37 is the gatekeeper. It names the orders that can be appealed and shuts the door on everything else.

The words "and from no others" in section 37(1) matter. If an order is not on the list, you have no appeal under the Act. Learn the list as a closed list.

The list has two parts. Section 37(1) covers orders of a court. Section 37(2) covers orders of the arbitral tribunal, which are appealed to a court.

Under section 37(1), an appeal lies from an order: (a) refusing to refer the parties to arbitration under section 8; (b) granting or refusing any measure under section 9; (c) setting aside or refusing to set aside an award under section 34. The appeal goes to the court authorised by law to hear appeals from original decrees of the court that passed the order.

Under section 37(2), an appeal lies from a tribunal order (a) accepting the plea under section 16(2) or 16(3), that is, that the tribunal has no jurisdiction or is exceeding its authority; or (b) granting or refusing an interim measure under section 17. Section 37(3) bars a second appeal, but the right to approach the Supreme Court is preserved.

Do not confuse sections 34 and 37. Section 34 is the application to the court to set aside the award. Section 37 is the appeal against the court's order on that application. Section 34 is not an appeal. It is limited recourse on the grounds listed in the section.

Key rules to remember

Closed list of court orders (s. 37(1)): Appeal lies from orders under s. 8 (refusal to refer), s. 9 (grant or refusal of measure), s. 34 (setting aside or refusing to set aside award) – and no others; Remember it as 8, 9, 34. Note that an order under s. 8 is appealable only if it refuses reference.
Tribunal orders (s. 37(2)): Appeal lies from tribunal order (a) accepting plea under s. 16(2) or 16(3); (b) granting or refusing interim measure under s. 17; An order rejecting the jurisdiction plea is not listed in s. 37(2). Only acceptance of the plea is appealable.
Forum of appeal: Court authorised by law to hear appeals from original decrees of the court passing the order; For tribunal orders under s. 37(2), the appeal lies to a court.
Second appeal bar (s. 37(3)): No second appeal; right of appeal to the Supreme Court is not affected; State both halves of the rule in the answer.
Overriding words (s. 37(1)): "Notwithstanding anything contained in any other law for the time being in force"; Added by Act 33 of 2019. The Act's list prevails over appeal rights under other laws.

How to solve Appealable Orders (Section 37) questions

Use this method for any case question asking whether an appeal lies.

1Identify who passed the order: a court or the arbitral tribunal.
2Identify the section under which it was passed: 8, 9, 34, 16 or 17.
3Check the direction of the order. Under s. 8, only refusal to refer is appealable. Under s. 16, only acceptance of the plea is appealable. Under s. 9 and s. 17, both grant and refusal are appealable.
4Match the order to the closed list in s. 37(1) or s. 37(2). If it is not there, state that no appeal lies under s. 37.
5Name the forum: the court that hears appeals from original decrees of the court that passed the order, or a court for tribunal orders.
6Check whether it is a first or second appeal. If second, state the s. 37(3) bar and the Supreme Court option.
7Conclude clearly in one sentence: appeal lies or does not lie, and where.

Quickest way: The 8-9-34 plus 16-17 check

When to use it: Use it when a fact pattern gives an order and you must decide quickly whether it is appealable.

Write 8, 9, 34 for courts and 16, 17 for the tribunal.
Tick the section of the order. If none, answer: no appeal under s. 37.
Check direction: s. 8 refusal only, s. 16 acceptance only, s. 9 and s. 17 either way, s. 34 either way.
Add the forum and the second-appeal bar in one line each.

Common mistakes in Appealable Orders (Section 37)

Saying an order referring parties to arbitration under section 8 is appealable.
Students remember "section 8 appeal" without the direction.
Fix: Section 37(1)(a) covers only an order refusing to refer. An order making the reference is not on the list.
Saying an order rejecting the jurisdiction plea under section 16 is appealable under section 37(2).
Students assume both acceptance and rejection are covered.
Fix: Section 37(2)(a) covers only acceptance of the plea under s. 16(2) or 16(3). The rejecting party raises the point when challenging the final award.
Treating section 34 as an appeal against the award.
Both deal with challenges and the terms are used loosely.
Fix: Section 34 is an application to set aside the award on limited grounds. Section 37 is the appeal against the court's order on that application.
Allowing a second appeal to the High Court after an appeal under section 37.
Students apply ordinary civil procedure.
Fix: Section 37(3) bars a second appeal. Only an appeal to the Supreme Court remains.
Forgetting that interim measure orders of the tribunal are appealable.
Students think only court orders can be appealed.
Fix: Section 37(2)(b) allows appeal from a tribunal order granting or refusing an interim measure under s. 17.

Worked examples

Example 1

Alpha Ltd. and Beta Traders have an arbitration clause. Alpha sues in a civil court. Beta applies under section 8, and the court refuses to refer the parties to arbitration. Beta wants to know whether it can appeal. Advise.

Show the solution

Provision: section 37(1)(a) allows appeal from an order refusing to refer the parties to arbitration under section 8.
Facts: the court passed an order under section 8 and it refused the reference.
Analysis: the order is on the closed list, and the direction (refusal) matches.
Forum: the appeal lies to the court authorised by law to hear appeals from original decrees of the court that passed the order.
Further: if that appeal is decided, no second appeal lies under s. 37(3), though the Supreme Court can be approached.

Answer: Yes. Beta can appeal under section 37(1)(a) to the court that hears appeals from original decrees of the court that refused the reference. No second appeal lies, but the right to approach the Supreme Court is preserved.

Example 2

In an arbitration between Sharma Infra Pvt. Ltd. and Kaveri Steels Ltd., the tribunal rejects Kaveri's plea that it lacks jurisdiction. Separately, it grants Sharma an interim measure under section 17. Kaveri wants to appeal both orders. Advise.

Show the solution

Provision: section 37(2) lists only two tribunal orders: acceptance of a plea under s. 16(2) or 16(3), and grant or refusal of an interim measure under s. 17.
First order: the tribunal rejected the jurisdiction plea. Section 37(2)(a) covers only acceptance. So no appeal lies under s. 37 against this order.
Second order: the tribunal granted an interim measure under s. 17. Section 37(2)(b) covers grant or refusal.
Forum: the appeal lies to a court.
Conclusion on the first order: Kaveri can raise the jurisdiction objection later, when it challenges the final award under section 34.

Answer: No appeal lies against the order rejecting the jurisdiction plea. An appeal lies to a court under section 37(2)(b) against the interim measure granted under section 17.

Exam tips

Write the section number of every order you discuss: 8, 9, 34, 16, 17. Examiners reward precision.
In case questions, always state the direction of the order (grant, refuse, accept, reject). Many marks are lost on this.
Use the phrase "and from no others" to show the list is closed.
In a section 34 versus section 37 question, define each, say who decides, and state the grounds and limitation in section 34 separately. Section 34(3) gives three months, extendable by up to thirty days on sufficient cause.
End the answer with the second-appeal bar and the Supreme Court exception.

Practice questions from Challenge to Award and Appeals

Appealable Orders (Section 37): frequently asked questions

Which orders are appealable under section 37?

Under section 37(1), court orders refusing to refer parties to arbitration under section 8, granting or refusing a measure under section 9, and setting aside or refusing to set aside an award under section 34. Under section 37(2), tribunal orders accepting the jurisdiction plea under section 16(2) or (3), and granting or refusing an interim measure under section 17.

What is the difference between section 34 and section 37?

Section 34 is an application to the court to set aside an arbitral award on limited grounds. Section 37 is the appeal against certain orders, including the court's order under section 34. Section 34 comes first, and section 37 follows it.

Can a second appeal be filed under section 37?

No. Section 37(3) bars a second appeal from an order passed in appeal. The right to appeal to the Supreme Court is not taken away.

Is an order rejecting a plea of no jurisdiction appealable?

Not under section 37(2). That sub-section covers only an order accepting the plea under section 16(2) or 16(3). The objection can be taken up when the final award is challenged.

Do foreign award appeals fall under section 37?

No. Part II has its own provisions. Section 50 and section 59 allow appeals from orders refusing to refer parties to arbitration or refusing to enforce a foreign award. Section 59 sits in the Geneva Convention chapter.