Chapter VI Appeals

37. Appealable orders:

(1) An appeal shall be lie from the following orders passed under this Act (and from no others) to the Court authorised by law to hear appeals from original decrees of the Court passing the order :-
An order-
(i) superseding an arbitration;
(ii) on an award stated in the form of a special case;
(iii) modifying or correcting an award;
(iv) filing or refusing to file an arbitration agreement;
(v) staying or refusing to stay legal proceedings where there is an arbitration agreement;
(vi) setting aside or refusing to set aside an award:
Provided that the provisions of this section shall not apply to any order passed by a Small Cause Court .

(2) No second appeal shall lie from an order passed in appeal under this section, but nothing in this section shall affect to take away any right to appeal to the Supreme Court.

38. Small Cause Court not to have jurisdiction over arbitrations save arbitrations in suits before it:

A Small Cause Court shall have no jurisdiction over any arbitration proceedings or over any application arising thereout save on application made under Section 21.

The Arbitration Act (X OF 1940)

Table of Contents


Chapter I: Introductory

Chapter II – Arbitration without Intervention of a Court

Chapter III – Arbitration with intervention of a Court where there is no suit pending

Chapter IV – Arbitration in Suits

Chapter V – General

Chapter VI – Appeals

Chapter VII – Miscellaneous

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