Skip to content

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

Mehta Pharma Ltd and a Singapore firm had an arbitration agreement. Mehta Pharma's application under section 54 asking the court to refer the parties to arbitration was refused. Which statement is correct under section 59?

An appeal lies. Section 59(1)(a) covers an order refusing to refer parties to arbitration under section 54, so Mehta Pharma may appeal to the court authorised by law to hear appeals from such orders. The right is not limited to refusals to enforce foreign awards.

  1. AAn appeal lies to the court authorised by law to hear appeals from such orderCorrect
  2. BNo appeal lies because only refusals to enforce awards are appealable
  3. CAppeal lies only if the court has allowed the reference
  4. DOnly an appeal to the arbitral tribunal is allowed

Explanation

Section 59(1)(a) makes an order refusing to refer the parties to arbitration under section 54 appealable, in addition to refusals to enforce under section 57. So the statement that only refusals to enforce are appealable is wrong.

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