Skip to content

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

Ganga Textiles Ltd applied to a court to refer a dispute with a Singapore firm to arbitration under section 54, and the court refused. Which statement about the remedy under section 59 is correct?

An appeal lies. Section 59(1)(a) makes an order refusing to refer parties to arbitration under section 54 appealable, in addition to orders refusing enforcement of a foreign award under section 57. It goes to the court authorised to hear such appeals.

  1. ANo appeal lies, as section 59 covers only enforcement refusals
  2. BAn appeal lies, because section 59(1)(a) covers an order refusing to refer parties to arbitration under section 54Correct
  3. CAn appeal lies only if the court also refuses enforcement of an award
  4. DAn appeal lies only to the Supreme Court directly

Explanation

Section 59(1)(a) makes an order refusing to refer the parties to arbitration under section 54 appealable, alongside refusal to enforce under section 57. So the appeal is not limited to enforcement orders.

Did you get it right without looking?

One question tells you little. A timed set on Challenge to Award and Appeals shows your real accuracy, how long you take and where you lose marks.

Practise Challenge to Award and AppealsFree diagnostic mock

More Challenge to Award and Appeals questions