The Arbitration and Conciliation Act, 1996 is built on minimal judicial interference: Section 5 permits courts to intervene only where Part I itself so provides. Section 37 is the appellate counterpart of that philosophy. It opens with the words "and from no others", making its list of appealable orders exhaustive. This article sets out that list, the bar on second appeals, and the limitation and forum questions that arise in Delhi practice.
The design of Section 37: a closed list
Section 37(1) provides that an appeal shall lie from the orders it enumerates "and from no others" to the court authorised by law to hear appeals from original decrees of the court passing the order. Section 37(2) adds a short list of appeals from orders of the arbitral tribunal itself. The phrase "and from no others" does the heavy lifting: if an order is not in the list, no appeal lies under the Act, however significant the order may feel to the losing party. Interlocutory directions, procedural orders, and orders on applications not enumerated must await challenge, if at all, through the routes the statute does provide.
The appealable orders
| Provision | Order appealed from | Who passes it |
|---|---|---|
| Section 37(1)(a) | Order refusing to refer the parties to arbitration under Section 8 | Judicial authority / court |
| Section 37(1)(b) | Order granting or refusing to grant any interim measure under Section 9 | Court |
| Section 37(1)(c) | Order setting aside or refusing to set aside an arbitral award under Section 34 | Court |
| Section 37(2)(a) | Order accepting the plea that the tribunal lacks jurisdiction, or is exceeding the scope of its authority, under Section 16(2) or 16(3) | Arbitral tribunal |
| Section 37(2)(b) | Order granting or refusing to grant an interim measure under Section 17 | Arbitral tribunal |
Two asymmetries in the list are worth noting. First, under Section 37(1)(a) the appeal lies against an order refusing reference under Section 8; an order referring parties to arbitration is not appealable, consistent with the Act's policy of sending disputes to the tribunal. Second, under Section 37(2)(a) an appeal lies where the tribunal accepts the jurisdictional plea and brings the proceedings to an end; where the tribunal rejects the plea and continues, Section 16(5) and (6) direct the tribunal to proceed with the arbitration, and the aggrieved party's remedy is to challenge the eventual award under Section 34.
No second appeal — but the Supreme Court is saved
Section 37(3) provides that no second appeal shall lie from an order passed in appeal under the section, while expressly preserving the right to appeal to the Supreme Court. The appellate tier under the Act is therefore a single one: the order of the Section 37 court is final within the ordinary hierarchy, and a further challenge can only be carried to the Supreme Court in accordance with law. The provision reflects the statute's insistence that arbitration not be re-litigated through successive appellate layers.
Limitation
The Act of 1996 fixes no limitation period for Section 37 appeals, so the period is supplied by the general law. Where the arbitration involves a commercial dispute of Specified Value under the Commercial Courts Act, 2015 — which covers the bulk of arbitration matters of any size — appeals from the enumerated orders are governed by Section 13 of that Act, which provides for an appeal within sixty days to the Commercial Appellate Court or the Commercial Appellate Division of the High Court, as the case may be. In matters to which the Commercial Courts Act does not apply, the residuary framework of the Limitation Act, 1963 and the relevant court statutes governs. The safe course in every case is the same: compute limitation from the date of the impugned order, obtain the certified copy promptly, and file within sixty days without banking on condonation.
Delay in arbitration appeals is treated strictly, in keeping with the expedition that runs through both the 1996 Act and the Commercial Courts Act. An appeal contemplated should be an appeal prepared — certified copy applied for on the day of the order, and the memorandum settled well inside the period.
The forum in Delhi
Section 37(1) sends the appeal to the court authorised by law to hear appeals from original decrees of the court passing the order. In Delhi this translates as follows. Where the order under Sections 8, 9 or 34 — or the tribunal's order under Sections 16 or 17 in a matter answering to that court — is dealt with at the level of the Commercial Court in the district judiciary, the appeal is taken to the Commercial Appellate Division of the Delhi High Court. Where the order is passed by a Single Judge of the Delhi High Court exercising original jurisdiction, the appeal lies before a Division Bench sitting as the Commercial Appellate Division. In international commercial arbitration matters handled on the original side, the same intra-court structure operates. The nomenclature on the High Court's roster for these appeals is commonly FAO(OS)(COMM) for intra-court appeals and FAO(COMM) or ARB. A. for appeals from the district commercial courts, though the applicable rules and roster notifications should always be checked at the time of filing.
What Section 37 review involves
The scope of a Section 37 appeal is shaped by the provision appealed from. An appeal from a Section 34 order operates within the confines of Section 34 itself — the grounds for setting aside an award are those the statute enumerates, and the appellate court examines whether the court below applied them correctly, not whether the award was right on the merits. An appeal from a Section 9 or Section 17 order concerns the grant or refusal of interim protection and travels on the familiar considerations governing such measures. In every case, the appellate jurisdiction is statutory, confined, and exercised against the background of Section 5's command of minimal interference.
Section 37 is best read as a map of the few doors the legislature has left open in an otherwise closed corridor. Knowing which orders are appealable — and equally which are not — prevents both missed remedies and misconceived filings. Independent legal advice on specific facts is always advisable.
Frequently Asked Questions
Can an order appointing an arbitrator under Section 11 be appealed?
No appeal lies under Section 37 against an order made under Section 11, because it is not among the orders enumerated, and the section permits appeals from the listed orders and no others. The listed categories are confined to orders under Sections 8 (refusing reference), 9 (interim measures), 34 (setting aside or refusing to set aside), 16(2) and (3), and 17 of the Act.
Is a second appeal possible after a Section 37 appeal is decided?
Section 37(3) provides that no second appeal shall lie from an order passed in appeal under the section. The same sub-section, however, expressly saves the right to appeal to the Supreme Court, so a party aggrieved by the appellate order may seek to invoke the jurisdiction of the Supreme Court in accordance with law. Within the ordinary court hierarchy, the appellate order is final.
What is the limitation period for filing a Section 37 appeal?
The Act itself prescribes no period for Section 37 appeals, so limitation is governed by the general law. Where the dispute is a commercial dispute of Specified Value, appeals against the enumerated orders are governed by Section 13 of the Commercial Courts Act, 2015, which provides a sixty-day period for appeals to the Commercial Appellate Division or Commercial Appellate Court. Appeals should in every case be prepared well within time.
Where is a Section 37 appeal filed in Delhi?
The appeal lies to the court authorised by law to hear appeals from original decrees of the court passing the order. In Delhi, an order of a Commercial Court at the district level is ordinarily appealed to the Commercial Appellate Division of the Delhi High Court, and an order of a Single Judge on the original side goes before a Division Bench of the Commercial Appellate Division.