How to File an Appeal Under Section 37 of the Arbitration Act in India

Section 37 of the Arbitration and Conciliation Act, 1996 provides a limited statutory right to appeal certain court orders and arbitral tribunal orders. This guide explains which orders can be challenged, where to file, applicable limitation rules and the scope of appellate review.

What is an appeal under Section 37?

An appeal is a statutory remedy allowing a superior or designated appellate court to review an appealable order. The Arbitration and Conciliation Act, 1996 (the Act) aims to minimize judicial interference in arbitration. Section 5 restricts court intervention except where the Act provides otherwise, while Section 37 identifies particular orders from which an appeal lies.

Relevant statutory terms

Which orders are appealable under Section 37?

A. Orders of a court: Section 37(1)

1. Section 37(1)(a): An order refusing to refer parties to arbitration under Section 8.
2. Section 37(1)(b): An order granting or refusing to grant an interim measure under Section 9.
3. Section 37(1)(c): An order setting aside or refusing to set aside an arbitral award under Section 34.

B. Orders of an arbitral tribunal: Section 37(2)

1. Section 37(2)(a): An order accepting a plea under Section 16(2) or Section 16(3) that the tribunal lacks jurisdiction or is exceeding its authority.
2. Section 37(2)(b): An order granting or refusing an interim measure under Section 17.

What is generally not appealable?

Routine procedural directions, evidentiary rulings, and orders not enumerated in Section 37 do not automatically attract a Section 37 appeal. Section 37(3) further states that no second appeal shall lie from an order passed in appeal under this section, without affecting the right to appeal to the Supreme Court.

Which court has jurisdiction to hear a Section 37 appeal?

Under Section 37(1), an appeal lies to the court authorized by law to hear appeals from original decrees of the court passing the order. Under Section 37(2), the appeal from a tribunal's specified order lies to a court as defined in Section 2(1)(e), subject to the applicable statutory framework and binding jurisdictional principles.

Where the Commercial Courts Act, 2015 applies, Sections 10 and 13 and the relevant commercial court or commercial appellate division structure may govern the forum. The arbitration's juridical seat, whether the arbitration is domestic or international commercial, the court which passed the impugned order and the applicable pecuniary jurisdiction are all relevant. A contractual reference to a city does not, by itself, settle every appellate forum question.

What is the limitation period for a Section 37 appeal?

There is no single limitation period stated in Section 37 itself. In commercial matters governed by Section 13(1A) of the Commercial Courts Act, a 60-day appeal period is relevant. In other cases, the Limitation Act, 1963 may prescribe 90 days for an appeal to the High Court or 30 days for an appeal to another court under Article 116, or 30 days under Article 117 for certain appeals from High Court decrees or orders, depending on the nature of the proceeding.

The Supreme Court in Government of Maharashtra (Water Resources Department) v. Borse Brothers Engineers & Contractors Pvt. Ltd. (2021) examined the limitation framework and condonation of delay in Section 37 appeals. The court emphasized expedition and held that delay can be condoned in appropriate cases on sufficient cause, with a particularly strict approach to long delays in commercial disputes.

How to file an appeal under Section 37: Step-by-step procedure

1. Identify the appealable order. Specify the relevant clause of Section 37 and the date and nature of the order.
2. Determine the competent appellate forum. Examine the seat, court hierarchy, Commercial Courts Act and territorial and pecuniary jurisdiction.
3. Compute limitation. Obtain the order or certified copy as required and assess any delay or exclusion application.
4. Prepare the memorandum of appeal. State the facts, statutory basis, grounds of challenge, reliefs sought and grounds for interim protection.
5. Compile the record. Include the arbitration agreement, impugned order, relevant pleadings, applications, supporting documents and tribunal or court record necessary to decide the issues.
6. Complete filing formalities. Pay applicable court fees, attach authorization and affidavits as required, comply with indexing, pagination, e-filing and service rules, and cure registry objections.
7. Seek interim relief where necessary. File a separate stay or interim application supported by specific facts; an appeal does not necessarily operate as an automatic stay.

Practical document checklist

• Certified or authenticated copy of the impugned order, as required by the court rules
• Arbitration agreement and relevant contractual clauses
• Section 8, 9, 16, 17 or 34 application and replies, as applicable
• Arbitral award and Section 34 order where the appeal arises from an award challenge
• Relevant notices, pleadings, affidavits and annexures
• Vakalatnama or authorization, court-fee proof, service documents and any delay-condonation application

Scope of appellate review under Section 37

The appellate court examines whether the impugned order is legally sustainable within the limits of the relevant statutory provision. A Section 37 appeal against a Section 34 decision is not a fresh hearing of the underlying contractual dispute. The appellate court does not ordinarily reappreciate evidence or substitute its own view merely because another interpretation is possible.

In MMTC Ltd. v. Vedanta Ltd. (2019), the Supreme Court explained the restricted scope of interference under Sections 34 and 37. In UHL Power Company Ltd. v. State of Himachal Pradesh (2022), the Court reiterated that appellate review under Section 37 is circumscribed and does not permit a routine reassessment of merits.

Section 34, Section 36 and Section 37 compared

Can a Section 37 appeal stop enforcement of an arbitral award?

Not automatically. Section 36 governs enforcement and stays of arbitral awards. Where enforcement is a concern, the appellant should examine whether an operative stay exists and seek appropriate interim relief from the competent court. The availability and conditions of relief depend on the stage of proceedings, the order challenged and the governing statutory provisions.

Frequently asked questions

Can an order refusing to set aside an award under Section 34 be appealed?

Yes. Section 37(1)(c) expressly provides for an appeal from an order setting aside or refusing to set aside an arbitral award under Section 34.

Can an order granting interim relief under Section 17 be appealed?

Yes. Section 37(2)(b) permits an appeal from an arbitral tribunal's order granting or refusing an interim measure under Section 17.

Can a tribunal's rejection of a Section 16 jurisdictional objection be immediately appealed?

Ordinarily, no. Section 37(2)(a) addresses acceptance of a plea under Section 16(2) or (3), not its rejection. The rejected objection may be raised in a subsequent challenge to the award as permitted by law.

Is a second appeal permitted?

No second appeal lies under Section 37 by virtue of Section 37(3), although that subsection preserves the right to approach the Supreme Court, subject to the applicable law and procedural requirements.

Conclusion

Section 37 offers a focused appellate remedy rather than a general appeal against every arbitration-related decision. Before filing, identify the exact appealable clause, competent court, limitation period and permissible grounds of review. Particular care is required for appeals arising from Section 34 orders and for disputes governed by the Commercial Courts Act.

Last reviewed: 14 November 2026. General legal information; court-specific rules and later amendments or judgments should be checked before filing.