Section 37 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 37 answers one question: which orders in an arbitration matter can be taken in appeal? Sub-section (1) lists three orders of a court "and from no others", sub-section (2) adds two orders of the arbitral tribunal itself, and sub-section (3) shuts the door on a second appeal while leaving the Supreme Court route open. This article reads the section as per the India Code consolidated text consulted.
An appeal lies only from the orders the section lists. From a court: an order refusing to refer the parties to arbitration under section 8, an order granting or refusing a measure under section 9, and an order setting aside or refusing to set aside an award under section 34. From the tribunal: an order accepting a plea under section 16(2) or (3), and an order granting or refusing an interim measure under section 17. No second appeal lies from an order passed in appeal, but the right to appeal to the Supreme Court is not affected.
Where section 37 sits
Section 37 is the only section of Chapter IX (Appeals) of Part I. It comes after the Act has dealt with the court's role at the start (sections 8 and 9), the tribunal's own powers (sections 16 and 17) and the challenge to the award (section 34). Its footnotes are printed a few lines below, after section 38, because they sit at the foot of the page. If you are weighing an appeal in a live matter, our legal dispute resolution team can map the order to this list. Read with section 34, it tells a party how far a decision can be carried upwards.
Two other provisions in the Act point here. The proviso to section 2(2) says that, subject to an agreement to the contrary, sections 9 and 27 and "clause (a) of sub-section (1) and sub-section (3) of section 37" also apply to an international commercial arbitration even if the place of arbitration is outside India (the text prints "section37" without a space; read it as section 37). Section 17(2) makes a tribunal's interim order enforceable as an order of the Court, "subject to any orders passed in an appeal under section 37". For the definitions and scope of Part I, see our article on section 2.
Sub-section (1): orders of the Court
The opening words say that 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". The forum is therefore fixed by reference to the court that passed the order, and the section leaves it to other law to say which court that is. The text consulted does not name it.
The footnote to the opening words shows that "Notwithstanding anything contained in any other law for the time being in force, an appeal" was substituted for "An appeal" by Act 33 of 2019 (the 2019 Amendment Act), section 8, with effect from 30-8-2019. The footnote to clauses (a) to (c) shows them as substituted for the earlier clauses (a) and (b) by Act 3 of 2016, section 20, with effect from 23-10-2015. Nothing about any later change is in the source.
| Clause | Order that can be appealed | Section it comes from | Our article |
|---|---|---|---|
| 37(1)(a) | Refusing to refer the parties to arbitration | Section 8 | Section 8 |
| 37(1)(b) | Granting or refusing to grant any measure | Section 9 | Section 9 |
| 37(1)(c) | Setting aside or refusing to set aside an arbitral award | Section 34 | Section 34 post |
Notice what the list does not contain. An order that does refer the parties to arbitration is not in clause (a), which speaks only of an order "refusing to refer". The clauses are drawn from the text; the section says nothing more on the point, and this article does not add to it.
Sub-section (2): orders of the arbitral tribunal
Sub-section (2) is unusual because it gives an appeal "to a court" from an order of the tribunal. It lists two:
- Clause (a): accepting a jurisdiction plea. The orders concerned are those "accepting the plea referred to in sub-section (2) or sub-section (3) of section 16". Sub-section (2) of section 16 is the plea that the tribunal has no jurisdiction, and sub-section (3) is the plea that it is exceeding the scope of its authority. Our article on section 16 explains both. Section 37 mentions only an order accepting the plea. For a plea that is rejected, section 16(5) says the tribunal continues with the proceedings and makes an award, and section 16(6) says the aggrieved party may apply under section 34.
- Clause (b): interim measures. An order "granting or refusing to grant an interim measure under section 17" can be appealed. See section 17.
Unlike sub-section (1), sub-section (2) does not say which court hears the appeal; it says only "to a court". The text consulted is silent on which one, so this article does not supply an answer.
Sub-section (3): no second appeal
"No second appeal shall lie from an order passed in appeal under this section, but nothing in this section shall affect or takeaway any right to appeal to the Supreme Court." The word "takeaway" is printed as one word. Two things follow from the text:
- Once an appeal under sub-section (1) or (2) has been decided, the section does not allow another appeal from that appellate order.
- The section expressly leaves untouched "any right to appeal to the Supreme Court". It neither creates that right nor describes it; the source does not say when it exists.
A worked example
Meridian Fabrics Pvt Ltd supplies cloth to Harbour Retail LLP under a contract with an arbitration clause. Harbour Retail files a suit for the price of a returned lot, and Meridian applies under section 8 for reference to arbitration. The Court refuses the application. Under section 37(1)(a), Meridian has an appeal against that refusal, because the order is one "refusing to refer the parties to arbitration under section 8". Had the Court instead referred the parties to arbitration, clause (a) would not cover that order as worded.
Later, in the arbitration, Harbour Retail pleads that the tribunal has no jurisdiction. The tribunal accepts the plea and drops a part of the claim. Meridian can appeal under section 37(2)(a). If the tribunal had rejected the plea, section 37(2)(a) would not apply, and the route would be section 16(6) read with section 34 after the award.
Practical points
- Check the order against the list. The words "and from no others" make the list closed. An order that is not in sub-section (1) or (2) is not appealable under this section.
- Note which body passed the order. A tribunal order is appealable only if it is an order under section 16(2) or (3) accepting the plea, or a section 17 order. Other procedural orders of the tribunal are not listed.
- Keep the forum rule in mind. For court orders, the appeal goes to the court that hears appeals from original decrees of the court that passed the order.
- Time limits are not in this section. Section 37 sets no period for filing an appeal. For limitation, see our guide on limitation for filing suits and appeals. Where the dispute is a commercial dispute, our article on section 13 of the Commercial Courts Act, 2015 deals with appeals from commercial courts.
Need help with an appeal in an arbitration matter?
If an order has gone against you in a reference, interim relief or challenge stage, the first step is to fit it against the section 37 list and the forum rule. Our team can review the order and the record and advise on the route under our legal dispute resolution service.
Key takeaways
- Section 37 lists the only appealable orders: three court orders (sections 8, 9, 34) and two tribunal orders (sections 16(2) or (3), and 17).
- The words "and from no others" make the list closed.
- A tribunal order accepting a jurisdiction plea is appealable under sub-section (2)(a); the section does not list an order rejecting it.
- No second appeal lies from an order passed in appeal; a right to appeal to the Supreme Court is expressly left untouched.
- The footnotes show the opening words as substituted by Act 33 of 2019 (w.e.f. 30-8-2019) and the clauses of sub-section (1) by Act 3 of 2016 (w.e.f. 23-10-2015).
Read next
- Section 38–39: deposits and lien on the award for costs
- Section 42: which court has jurisdiction over later applications
- Section 36: enforcement of the award and stay
- Section 34: challenge to an arbitral award
Disclaimer: Based on the India Code consolidated text of the Arbitration and Conciliation Act, 1996, whose footnotes show amendments up to Act 3 of 2021 and a latest date of 12 October 2023, as consulted on 2 October 2026. Rules, regulations and notifications under the Act, later amendments and the commencement of the Mediation Act, 2023 should be checked. This article is general information, not legal advice; check the official text before acting.