Civil

Appeal under Section 37 of the Arbitration and Conciliation Act, 1996

An appeal under Section 37 of the Arbitration and Conciliation Act, 1996 is a statutory first appeal against specific orders passed by a court or an arbitral tribunal. It is a right-based remedy that does not require prior leave of the court.

This appeal is filed before the High Court’s Commercial Appellate Division or a Division Bench, depending on the forum that passed the impugned order. The provision provides an exhaustive list of appealable orders, including court orders under Sections 8, 9, and 34, and tribunal orders under Sections 16 and 17.

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Governing law
Arbitration and Conciliation Act 1996 (as amended by Act 3 of 2016 and Act 33 of 2019)
Sections
s. Section 37s. Section 37(1)(a)s. Section 37(1)(b)s. Section 37(1)(c)s. Section 37(2)(a)s. Section 37(2)(b)s. Section 36s. Section 34
Filed before
High Court (Commercial Appellate Division / Division Bench) / appellate court authorised by law

When this is the right filing

  • When a court has refused to refer parties to arbitration under Section 8 of the Act.
  • When a court has granted or refused to grant interim measures under Section 9 of the Act.
  • When a court has set aside or refused to set aside an arbitral award under Section 34 of the Act.
  • When an arbitral tribunal has accepted a plea that it lacks jurisdiction under Section 16(2) or (3) of the Act.
  • When an arbitral tribunal has granted or refused to grant interim measures under Section 17 of the Act.
  • Do not use this appeal for an order appointing an arbitrator under Section 11, as such orders are not appealable under Section 37.

What the court looks for

  • A clear identification of the impugned order and the specific clause of Section 37 under which the appeal is filed.
  • A demonstration that the appeal is filed within the prescribed limitation period applicable to the forum.
  • Grounds that strictly adhere to the supervisory standard of review, showing the lower court or tribunal exceeded its jurisdiction or failed to recognize a patent illegality.
  • A separate application for a stay of the award under Section 36, as no automatic stay operates upon filing the appeal.
  • A complete synopsis, statement of facts, and an index of annexures supporting the grounds of appeal.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1Commercial appellate jurisdiction
  2. 2Synopsis
  3. 3Facts
  4. 4Grounds of appeal
  5. 5Prayer
  6. 6Affidavit in support
  7. 7Index / annexures
How it opens
1. That the Appellant and Respondent No. 1 [contractual relation] dated [agreement date] (hereinafter "Agreement") for [agreement subject]. Clause [arb clause no] of the Agreement contains an arbitration clause. A true copy of the Agreement is annexed hereto as Annexure A-1.

Bracketed items are filled from your case.

Frequently asked questions

What is the standard of review in a Section 37 appeal against a Section 34 order?

The Section 37 court applies the same substantive standard as the Section 34 court and is even more circumscribed in its review. It cannot re-examine the merits of the dispute, re-appreciate evidence, or substitute its own view for that of the arbitral tribunal. If an award could not be disturbed under Section 34, it cannot be interfered with under Section 37.

Is a second appeal to the Supreme Court allowed against an order passed under Section 37?

No second appeal lies to the Supreme Court under the Arbitration Act, as Section 37(3) expressly bars it. The only further remedy is a Special Leave Petition (SLP) to the Supreme Court under Article 136 of the Constitution, which is preserved by the proviso to Section 37(3).

Does filing a Section 37 appeal automatically stay the enforcement of the arbitral award?

No, filing an appeal under Section 37 does not automatically stay the award. A separate interlocutory application or civil miscellaneous application must be filed and argued to seek a specific stay of the award under Section 36 of the Act.

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