Maintainability of Appeal under Arbitration and Conciliation Act, 1996 : HC Explains the Law

Maintainability of Appeal under Arbitration and Conciliation Act, 1996 : HC Explains the Law

In an important Judgment, the maintainability of appeal under A&C Act, 1996 was discussed.

Order under Challenge

The Order which was challenged by way of appeal was this :  HC has directed the appellant to deposit the principal awarded amount with the Registrar General of High Court within eight weeks from the date of the said Order, on which deposit, the execution of the Impugned Award has been directed to remain stayed until the pendency of the said petition filed by the appellant herein, under Section 34 of the Arbitration and Conciliation Act, 1996.

Deciding the appeal, it was held that A&C Act, 1996 being a self-contained Code, carries the negative import that appeals not mentioned therein, are not permissible. It was held that therefore, an order not appealable under Section 50 of the A&C Act is not open to Letters Patent Appeal.

No appeal is maintainable in arbitration matters governed by the A&C Act, other than expressly provided for under Section 37 or 50 of the said Act.

Findings and Result

Since in this case, as the Impugned Order neither sets aside, nor refuses to set aside the arbitral award in challenge before the learned Single Judge of HC, it is not an order falling within the ambit and scope of Section 37(1)(c) of the A&C Act, 1996 and therefore, is not appealable. 

Case reference is Synergies Casting Ltd v. National Research Development Corporation [2025] GCtR 1842 (Delhi).