Section 37: Appealable orders

Leading cases

• Gayatri Balasamy v. ISG Novasoft Technologies Ltd. (2025)A court hearing a challenge under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996 has a limited power to modify an arbitral award, exercisable only in specified circumstances.
• BGS SGS Soma JV v. NHPC Ltd. (2019)Designating a seat of arbitration works as an exclusive jurisdiction clause for the courts at the seat; an order returning a Section 34 petition is not appealable under Section 37; New Delhi was held to be the seat.
• Amazon.com NV Investment Holdings LLC v. Future Retail Ltd. (2021)An Emergency Arbitrator's interim award under institutional rules agreed by the parties is an order under Section 17(1) of the Arbitration Act, enforceable under Section 17(2), and no appeal lies against an enforcement order under Section 17(2).

Questions on this section

6 questions in 14 of our papers cite Section 37. Try these from the free papers:

1. 1. In Gayatri Balasamy v. ISG Novasoft Technologies Ltd. (Constitution Bench, 30 April 2025), how did the majority answer the reference on the power of a court to modify an arbitral award under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996?

   A.Courts may modify an award only in an appeal under Section 37, because the jurisdiction under Section 34 is confined to setting the award asideB.Courts have no power to modify an award in any respect, and the only course open to them is to set the award aside wholly and leave the parties to a fresh arbitrationC.Courts have a limited power to modify, for instance by severing an invalid part, correcting clerical or computational errors and, in some cases, altering post-award interestD.Courts may modify an award on its merits whenever they find that the arbitral tribunal reached a wrong conclusion on the evidence placed before it
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2. 2. Under Section 13(1A) of the Commercial Courts Act, 2015, a person aggrieved by the judgment or order of a Commercial Court at the level of District Judge exercising original civil jurisdiction may appeal to the Commercial Appellate Division of the High Court within:

   A.sixty days from the date of the judgment or orderB.thirty days from the date of the judgment or orderC.ninety days from the date of the judgment or orderD.one hundred and twenty days from the date of the decree
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3. 3. In A.K. Ghosh & Company v. Biman Bose (13 July 2026), the plaintiffs had appealed to the Commercial Appellate Division of the High Court against an order refusing them leave to file a belated written statement to a counter-claim. The Supreme Court held that the appeal was:

   A.maintainable only with the leave of the Commercial Appellate Division, which must be sought within sixty days of the orderB.not maintainable, because the only remedy against such an order is a civil revision under Section 115 of the CPCC.maintainable under Section 13(1A) of the Commercial Courts Act, 2015, as every order closing a party's right to file a pleading is appealableD.not maintainable under Section 13(1A) of the Commercial Courts Act, 2015, as an order under Order VIII CPC is not listed in Order XLIII CPC
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