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

Gupta Steels objected before the arbitral tribunal that it lacked jurisdiction under Section 16(2). The tribunal accepted the plea and terminated the proceedings. Separately, a different tribunal rejected a similar plea by another party. Which order is appealable under Section 37(2)(a)?

Only the tribunal order accepting the jurisdiction plea under Section 16(2) or (3) is appealable under Section 37(2)(a). An order rejecting the plea is not listed, as the section allows appeals from the listed orders and no others.

  1. ABoth orders, as any order on jurisdiction is appealable
  2. BOnly the order accepting the plea under Section 16(2) or (3)Correct
  3. COnly the order rejecting the plea
  4. DNeither order, since jurisdiction is decided only in the Section 34 challenge

Explanation

Section 37(2)(a) allows appeal only from an order accepting the plea under Section 16(2) or (3). An order rejecting the plea is not listed, and the list is exclusive. The party may raise it in a Section 34 challenge to the final award.

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