Report No. 246

Amendment of Section 37

20. In section 37,

(i) In sub-section (1), renumber sub-clause "(a)" as sub-clause "(b)" and insert sub-clause "(a)refusing to refer the parties to arbitration under section 8;"

(ii) In sub-section (1), renumber sub-clause "(b)" as sub-clause "(d)" and insert sub-clause "(c) refusing to appoint an arbitrator or refusing to refer such appointment to a person or institution designated by it under section 11, in the case of an arbitration other than an international commercial arbitration".

[Note: Sub-sections (a) and (c) have been added to provide for appeal in cases of orders refusing to refer parties to arbitration under section 8 (mirroring the existing provision in section 50) and to provide an appeal where the High Court refuses to appoint an arbitrator respectively.]

(iii) In sub-section (3), after the words "No second appeal" add the words ", including letters patent appeal,"

[Note: This amendment is classificatory and reduces the scope of the party to file an LPA.]