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

Ganga Power Ltd obtained an interim measure from the arbitral tribunal under section 17 against Himal Cements, and Himal's request to vacate it was refused. A separate application by Himal to the court under section 9 for a different measure was also refused. Which describes the appeal rights correctly under section 37?

Both are appealable. Section 37(2)(b) covers a tribunal order granting or refusing an interim measure under section 17, and section 37(1)(b) covers a court order granting or refusing a measure under section 9.

  1. ABoth orders are appealable: the section 17 order under section 37(2)(b) and the section 9 refusal under section 37(1)(b)Correct
  2. BOnly the section 9 order is appealable
  3. CNeither order is appealable until the award is made
  4. DOnly the section 17 order is appealable, because court orders under section 9 are final

Explanation

Section 37(2)(b) provides an appeal from an arbitral tribunal order granting or refusing an interim measure under section 17. Section 37(1)(b) provides an appeal from a court order granting or refusing a measure under section 9. Both are therefore appealable.

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