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Appealable Orders

Arbitration and Conciliation Act, 1996 – Section 37 – Appealable orders.

(1) An appeal shall lie from the following orders (and from no others) to the Court authorised by law to hear appeals from original decrees of the Court passing the order, namely:—

3[(a) refusing to refer the parties to arbitration under section 8;

(b) granting or refusing to grant any measure under section 9;

(c) setting aside or refusing to set aside an arbitral award under section 34.]

(2) Appeal shall also lie to a court from an order of the arbitral tribunal—

(a) accepting the plea referred to in sub-section (2) or sub-section (3) of section 16; or

(b) granting or refusing to grant an interim measure under section 17.

(3) No second appeal shall lie from an order passed in appeal under this section, but nothing in this section shall affect or take away any right to appeal to the Supreme Court.

3. Subs. by s. 20, ibid., for clauses (a) and (b) (w.e.f. 23-10-2015).


CASE LAW REFERENCE

An award can be set aside only if the award is against the public policy of India, if the award is found to be contrary to, (a) fundamental policy of Indian Law; or (b) the interest of India; or (c) justice or morality; or (d) if it is patently illegal. Haryana Tourism Ltd. v. M/s Kandhari Beverages Ltd. [Supreme Court of India, 11 January 2022]

Haryana Tourism Ltd. v. M/s Kandhari Beverages Ltd.

Arbitration and Conciliation Act, 1996 – Ss. 34 & 37 – An award can be set aside only if the award is against the public policy of India, if the award is found to be contrary to, (a) fundamental policy of Indian Law; or (b) the interest of India; or (c) justice or morality; or (d) if it is patently illegal.