CHAPTER- VIII

(RECOURSE AGAINST
ARBITRAL AWARDS)
• SECTION 35: FINALITY OF ARBITRAL AWARDS
Subject to this Part an arbitral award shall be final and binding on the parties and
persons claiming under them respectively.
• SECTION 36: ENFORCEMENT
(1) Where the time for making an application to set aside the arbitral award under
section 34 has expired, then such award shall be enforced in accordance with the
provisions of the Code of Civil Procedure, 1908, in same manner as if it were a
decree of the court.
(2) Where an application to set aside award has been filed, filing of such an
application shall not by itself render that award unenforceable, unless the Court
grants an order of stay of the operation of the said arbitral award in accordance
with the provisions of sub-section (3), on a separate application made for that
purpose.
(3) Upon filing of an application under sub-section (2) for stay of operation of the
arbitral award, the Court may, grant stay of the operation of such award for
reasons to be recorded in writing.
 CHAPTER- IX
(APPEALABLE ORDERS)
• SECTION 37: APPEALABLE ORDERS
(1) Notwithstanding anything contained in any other law for the time
being in force, an appeal shall lie ONLY from the following orders to
the Court authorised by law to hear appeals from original decrees
of the Court passing the order, namely:
(a) refusing to refer the parties to arbitration under section 8;
(b) granting or refusing to grant any measure under section 9;
(c) setting aside or refusing to set aside award under section 34;
(d) granting or refusing to grant an interim measure under section 17.
(2) 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.
 CHAPTER: X
MISCELLANEOUS
• SECTION 38: DEPOSITS
(1) The arbitral tribunal may fix the amount of the deposit as an advance for
the costs referred to in sub-section (8) of section 31, which it expects will be
incurred in respect of the claim submitted to it.
(2) The deposit shall be payable in equal shares by the parties:
Provided that where one party fails to pay his share of the deposit, the other
party may pay that share.
Provided further that where the other party also does not pay the aforesaid
share in respect of the claim or the counter-claim, the arbitral tribunal may
suspend or terminate the arbitral proceedings in respect of such claim or
counter-claim, as the case may be.
(3) Upon termination of the arbitral proceedings, the arbitral tribunal shall
render an accounting to the parties of the deposits received and shall return
any unexpended balance to the parties.
• SECTION 42A: CONFIDENTIALITY OF INFORMATION
Notwithstanding anything contained by any other law for the time
being in force, the arbitrator, the arbitral institution and the parties to
the arbitration agreement shall maintain confidentially of all arbitral
proceedings except award where its disclosure is necessary for the
purpose of implementation and enforcement of award.