Appeals

In the course of arbitration proceedings, the assistance of court could be sought by the arbitrator and the parties in respect of several matters, reference to which had been made already. After the award was made, it could be set aside or modified on certain grounds.

In respect of orders of court made during the course of arbitration proceedings and on the award an appeal would lie to the appellate court on matters mentioned below :



1. An order setting aside or refusing to set aside an award

2. An order staying or refusing to stay a suit

3. An order superseding an arbitration

4. An order on an award in the form of a special case

5. An order modifying or correcting an award

6. An order filing or refusing to file an arbitration agreement

The appellate court was the court authorized to hear appeals from the original decree of the court passing the orders. There was no further appeal from the decisions of the Appellate Court.

Section 37 provides that an appeal shall lie from certain orders. No second appeal will lie from an order passed in an appeal. However, the right to appeal to the Supreme Court is not affected.

Incidentally, the new list of appealable orders is slightly narrower than that contained in Section 39 of the Arbitration Act, 1940.