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

In a dispute between Kaveri Infra Ltd and Rao Constructions, the arbitral tribunal rejected Kaveri's application for an interim measure under Section 17. Kaveri asks whether this refusal can be appealed. What is the correct position?

An appeal lies to a court under Section 37(2)(b), which covers a tribunal order either granting or refusing an interim measure under Section 17. Refusal is therefore appealable, not final, so Kaveri may appeal.

  1. ANo appeal lies, since interim orders of a tribunal are final
  2. BAn appeal lies to a court from an order of the arbitral tribunal refusing to grant an interim measure under Section 17Correct
  3. COnly a fresh Section 9 petition can be filed, and no appeal exists
  4. DAn appeal lies only if the tribunal grants, and not if it refuses, the measure

Explanation

Section 37(2)(b) provides that an appeal lies to a court from a tribunal order granting or refusing an interim measure under Section 17. The option limiting appeals to grants is wrong because the text covers both granting and refusing.

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