Section 50 of The Arbitration Act

On a careful reading of Section 50 of The Arbitration Act, 1996, it is limpid that an appeal can lie if an order is passed refusing, to refer the parties to Arbitration as engrafted under Section 45, or to enforce a Foreign Award as envisaged under Section 48. Section 50(1)(b) has not been amended by the Act that has come into force on 23.10.2015.

A conspectus reading of Sections 5 and 13 of the Act and Section 50 of the 1996 Act which has remained unamended leads to the irresistible conclusion that a Letters Patent Appeal, against the judgment of a Single Judge in an International Arbitration matter, is maintainable before a Division Bench. It has to be treated as an appeal under Section 50(1)(b) of the 1996 Act and has to be adjudicated within the said parameters.”

Hon’ble Justice Dipak Misra, Arun Dev Upadhyaya v. Integrated Sales Service Ltd., [Civil Appeal Nos. 8475-76 of 2016].

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