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

In a dispute between Mehta Textiles and Orion Exports, the arbitral tribunal rules on its jurisdiction. Orion pleaded that the tribunal lacks jurisdiction, and the tribunal rejected the plea and continued the proceedings. Which statement is correct regarding an immediate appeal under section 37?

No immediate appeal lies. Section 37(2)(a) allows an appeal only from a tribunal order accepting the jurisdiction plea under section 16(2) or (3). Rejection is not appealable at once, so Orion must await the award and apply under section 34.

  1. AAn immediate appeal lies, since the tribunal's order is an interim measure
  2. BAn immediate appeal lies to the High Court in every case
  3. CAn immediate appeal lies only if the tribunal also grants costs
  4. DNo immediate appeal lies under section 37(2), which covers only an order accepting the jurisdiction plea under section 16(2) or (3); Orion may challenge the final award under section 34Correct

Explanation

Section 37(2)(a) gives an appeal only where the tribunal accepts the plea under section 16(2) or (3). A rejection of the plea is not listed, and appeals lie from the listed orders 'and from no others'. The grievance can be raised in a section 34 application against the award.

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