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

Sunrise Textiles Ltd, Surat, applied to a court under Section 8 to refer a dispute with Mehta Dyes Pvt Ltd to arbitration. The court refused the application. Sunrise Textiles wants to challenge this refusal. What is the position under Section 37?

An appeal lies under Section 37(1)(a) against an order refusing to refer parties to arbitration under Section 8. It goes to the court authorised by law to hear appeals from original decrees of the court that passed the order.

  1. ANo appeal lies, because only orders under Section 34 are appealable
  2. BAn appeal lies to the court authorised to hear appeals from original decrees of the court that passed the orderCorrect
  3. CAn appeal lies only to the arbitral tribunal
  4. DA revision lies only to the High Court under the Code of Civil Procedure

Explanation

Section 37(1)(a) makes an order refusing to refer parties to arbitration under Section 8 appealable. The appeal goes to the court authorised by law to hear appeals from original decrees of the court passing the order. Limiting appeals to Section 34 orders is wrong because clauses (a) and (b) also give appeals.

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