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

Under a contract, Delta Foods Ltd and Asha Traders arbitrate. Asha's challenge to an arbitrator under section 13 failed before the tribunal, and the tribunal continued and made an award. Asha asks whether it can appeal the tribunal's rejection of the challenge under section 37 straight away. What is the correct position?

No immediate appeal exists, since section 37 lists appeals from specified orders only and does not include rejection of an arbitrator challenge. Under section 13(5), Asha may apply under section 34 to set aside the award, and the section 34 order is then appealable.

  1. AAppeal lies to the court under section 37(2) as the tribunal decided the challenge
  2. BAppeal lies under section 37(1)(a) to the High Court
  3. CSection 37 lists no appeal from that decision; Asha may apply to set aside the award under section 34 as section 13(5) allowsCorrect
  4. DAsha may appeal only after the arbitrator's fees are fixed by the court

Explanation

Section 37 allows appeals from listed orders 'and from no others'; a failed challenge to an arbitrator is not listed. Section 13(4)-(5) says the tribunal continues and the challenger may apply under section 34 to set aside the award. The appeal then lies under section 37(1)(c) from the section 34 order.

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