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CS Professional · Arbitration, Mediation and Conciliation · Challenge to Award and Appeals

A court held a foreign award enforceable under section 57 against Deccan Steels Ltd and deemed it a decree. Deccan Steels wants to appeal under section 59. Which view is correct on the text of section 59(1)?

Section 59(1) names only two appealable orders: refusal to refer parties to arbitration under section 54 and refusal to enforce a foreign award under section 57. An order allowing enforcement is not listed, so the section gives Deccan no appeal on its terms.

  1. AAppeal lies, as every order on a foreign award is appealable
  2. BAppeal lies only if Deccan proves a ground under section 48
  3. CAppeal lies, since section 58 says the award is a decree and decrees are appealable
  4. DSection 59(1) lists only orders refusing referral or refusing enforcement, so it does not by its terms provide an appeal against an order enforcing the awardCorrect

Explanation

Section 59(1) makes appealable only orders refusing to refer parties to arbitration under section 54 and orders refusing to enforce under section 57. An order granting enforcement is not listed, so the section does not provide that appeal. Section 58 only deems the award a decree.

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