Appealable orders
Section 37 of the Arbitration and Conciliation Act, 1996 deals with appealable orders. [Notwithstanding anything contained in any other law for the time being in force, 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:-- [(a) refusing to refer the parties to a The Act came into force on 22 Aug 1996.
(1) 1[Notwithstanding anything contained in any other law for the time being in force, 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:--
2[(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.
Section 37, The Arbitration and Conciliation Act, 1996 (Act 26 of 1996).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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BGS SGS Soma JV v. NHPC Limited
Court's Decision & Legal Precedent
Judgement of Main Case order-12.pdf 2019-12-10. CA 9307/2019 (with 9308-9309/2019). R.F. Nariman / Aniruddha Bose / V. Ramasubramanian 3-judge reportable. DATE-CHECK false positive (2004-01-16 contract-award date in the facts); body is the named 10 Dec 2019 reportable. Isolates Arbitration Act 37: the s.37 list is closed; returning a s.34 petition under CPC O7 R10 is not an order ‘setting aside or refusing to set aside an award under s.34’, so no s.37(1)(c) appeal lies (Kandla Export followed). Seat (not mere venue) determines s.34 court. Map arbitration-act 37 cited only. Do not pad s.34 (already filled) or invent CPC O7 R11. Twin SCIN010348432018 not mapped.
On this section: Arbitration Act 37’s appeal list is closed; returning a s.34 petition under CPC O7 R10 is not a refusal to set aside the award, so no s.37(1)(c) appeal lies (BGS SGS Soma). Do not invent CPC O7 R11.
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Amazon. Com Nv Investment Holdings LLC vs Future Retail Limited
Court's Decision & Legal Precedent
The Arbitration and Conciliation Act, 1996, when properly read in light of its principles of party autonomy (Sections 2(6), 2(8), 19(2)), definition of arbitration (Section 2(1)(a) including arbitration administered by permanent arbitral institutions), and the commencement of arbitral proceedings (Section 21 read with institutional rules), provides that an Emergency Arbitrator's award delivered under institutional rules such as the Singapore International Arbitration Centre Rules is an 'order' under Section 17(1) of the Act. Such orders are enforceable under Section 17(2) as if they were orders of a court. No appeal lies against an order passed under Section 17(2) in enforcement of an Emergency Arbitrator's award, either under Section 37 of the Arbitration Act or under the Code of Civil Procedure, as Section 37 provides an exhaustive and exclusive remedy for appeals in arbitration matters, and Section 37(2)(b) provides appeals only for orders granting or refusing interim measures under Section 17(1), not for enforcement proceedings under Section 17(2). A party that has agreed to be governed by institutional arbitration rules cannot subsequently characterize an Emergency Arbitrator's award as a nullity and ignore it until such award is formally set aside through proper procedures, as doing so violates the rule of law and fundamental principles of obedience to court orders.
On this section: Appealable orders. Section 37 is a complete code for appeals under the Arbitration Act. Section 37(2)(b) provides appeals only for orders granting or refusing interim measures under Section 17(1), not for enforcement orders under Section 17(2). Non-obstante clause in Section 37(1) makes this exhaustive.
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State of Chhattisgarh vs Sal Udyog(p) LTD through Managing Director
Court's Decision & Legal Precedent
When an arbitrator fails to decide in accordance with the express terms of a contract governing the parties, such failure amounts to patent illegality appearing on the face of the award which goes to the root of the matter and warrants judicial interference. Specifically, when clear contractual provisions stipulating recovery of supervision charges are completely ignored by an arbitrator without addressing the contractual terms or relevant governmental circulars implementing those terms, such ignoring constitutes gross contravention of Section 28(3) of the Arbitration and Conciliation Act, 1996, which mandates the Arbitral Tribunal to decide in accordance with the terms of the contract. Additionally, grounds constituting patent illegality can be invoked by courts suo moto under Section 34(2-A) in an appeal under Section 37, even if such grounds were not explicitly specified in the original Section 34 petition, provided the issue was raised before the Arbitrator and noted in the High Court order.
On this section: Provides for appeals against High Court orders in arbitration matters. Court examined scope of grounds available in appeal under Section 37.
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Amazon. Com Nv Investment Holdings LLC vs Future Coupons Private Limited
Court's Decision & Legal Precedent
Full party autonomy is given by the Arbitration and Conciliation Act, 1996 to have a dispute decided in accordance with institutional rules which can include Emergency Arbitrators delivering interim orders, described as 'awards'. Such orders are an important step in aid of decongesting the civil courts and affording expeditious interim relief to the parties. Such orders are referable to and are made under Section 17(1) of the Arbitration Act. Additionally, no appeal lies under Section 37 of the Arbitration Act against an order of enforcement of an Emergency Arbitrator's order made under Section 17(2) of the Act, as Section 37 provides an exhaustive code for appeals from orders under the Arbitration Act, and the legal fiction created by Section 17(2) is limited to enforcement purposes only and does not extend to appellate jurisdiction.
On this section: Court holds that Section 37 operates as an exhaustive code for appeals under Arbitration Act, with non-obstante clause preventing appeals under other laws for matters covered by Arbitration Act
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International Seaport Dredging Pvt. LTD vs Kamarajar Port Limited
Court's Decision & Legal Precedent
Statutory bodies and government corporations are not entitled to differential treatment in arbitration proceedings compared to private entities. The Arbitration Act is a self-contained code that mandates equal treatment of all parties under Section 18. When considering applications for stay of arbitration awards for payment of money, courts must apply principles of Order XLI Rule 5 of CPC as guidance, but the Arbitration Act provisions take precedence. The status of a party as a statutory undertaking or its perceived reliability cannot be basis for modifying conditions of stay. Instead, courts must require deposit of a substantial portion of the decretal amount (here, 75%) as condition for stay, regardless of the party's nature or status.
On this section: Referenced in context of precedents regarding appeals - respondent's counsel argued precedents relied upon by appellant pertain to Section 37 appeals
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… A. (Comm.) No. 4/2024 & I.As. 2124/2024- 25/2024, Arb. A. (Comm.) No. 5/2024 & I.A. 2197/2024 and O.M.P. (T)(Comm.) 4/2024 by which the High Court dismissed the appeals filed by the appellant herein under Section 37 of the Arbitration and Conciliation Act, 1996 (for short, the " Act, 1996 ") and thereby affirmed the order passed by the Arbitral Tribunal rejecting the challenge made by the appellant herein to its jurisdiction on the ground that the appellant being a non-signatory to the arbitration agreement could not have …
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… OKA, J. FACTUAL ASPECTS 1. These appeals arise out of the judgment and order dated 30th April, 2015, passed by the Division Bench of Delhi High Court on the appeals preferred under Section 37 of the Arbitration and Conciliation Act, 1996 (for short, 'the Arbitration Act'). The appeals before the Division Bench were preferred against the judgment dated 26th November, 2008 of the learned Single Judge in a petition under Section 34 of the Arbitration Act by which the award of the Arbitral Tribunal …
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… OKA, J. FACTUAL ASPECTS 1. These appeals arise out of the judgment and order dated 30th April, 2015, passed by the Division Bench of Delhi High Court on the appeals preferred under Section 37 of the Arbitration and Conciliation Act, 1996 (for short, 'the Arbitration Act'). The appeals before the Division Bench were preferred against the judgment dated 26th November, 2008 of the learned Single Judge in a petition under Section 34 of the Arbitration Act by which the award of the Arbitral Tribunal …
Questions about Section 37
What have the courts held on Section 37 of the Arbitration and Conciliation Act?
BGS SGS Soma JV v. NHPC Limited (10 Dec 2019) is the leading judgment on this section among those set out below: Arbitration Act 37’s appeal list is closed; returning a s.34 petition under CPC O7 R10 is not a refusal to set aside the award, so no s.37(1)(c) appeal lies (BGS SGS Soma). Do not invent CPC O7 R11. Another 4 judgments on this section are set out below, all of them from the Supreme Court. They run from 2019 to 2024.
How do I find court cases under Section 37 of the Arbitration and Conciliation Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Arbitration Act 37, section 37 Arbitration Act, section 37 of the Arbitration and Conciliation Act. People searching for it also type arbitration act section 37 limited scope and arbitration act section 37 limitation. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 5 reported judgments on this section are set out on this page, beginning with BGS SGS Soma JV v. NHPC Limited (10 Dec 2019).
What should I read with Section 37 of the Arbitration and Conciliation Act, and has it changed?
Its own text turns on section 8 (Power to refer parties to arbitration where there is an arbitration agreement), section 9 (Interim measures, etc., by Court), section 16 (Competence of arbitral tribunal to rule on its jurisdiction), section 17 (Interim measures ordered by arbitral tribunal), and on 1 further provision, so none of them can safely be read on its own. 3 other provisions in this corpus refer back to it.
When did Section 37 of the Arbitration and Conciliation Act come into force?
Section 37 of the Arbitration and Conciliation Act, cited as Arbitration Act 37, came into force on 22 Aug 1996, having been enacted on 16 Aug 1996. It is in force as at the date shown on this page.
Other sections of this Act
- 8. Power to refer parties to arbitration where there is an arbitration agreement1029 words
- 11. Appointment of arbitrators1027 words
- 34. Application for setting aside arbitral awards861 words
- 2. Definitions732 words
- 29A. Time limit for arbitral award635 words
- 57. Conditions for enforcement of foreign awards519 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.