Skip to content

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

Nair Logistics obtained an order from a court granting an interim measure of protection under Section 9 against Iyer Traders. Iyer Traders wants to challenge the grant. Under Section 37, what is the position?

An appeal lies, because Section 37(1)(b) covers an order granting or refusing any measure under Section 9. Iyer Traders can appeal the grant to the court authorised to hear appeals from original decrees of the court that passed it.

  1. AAppeal lies, as an order granting or refusing a Section 9 measure is appealableCorrect
  2. BAppeal lies only against refusal of the measure
  3. CNo appeal lies, since Section 9 orders are interim
  4. DAppeal lies only to the arbitral tribunal

Explanation

Section 37(1)(b) makes orders granting or refusing any measure under Section 9 appealable. The grant is therefore appealable by the aggrieved party. Restricting appeals to refusals contradicts the words 'granting or refusing'.

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