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The Arbitration and Conciliation Act, 1996: page 26

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    Provided that the Court shall, while considering the application for grant of stay in the case of an
arbitral award for payment of money, have due regard to the provisions for grant of stay of a money
decree under the provisions of the Code of Civil Procedure, 1908 (5 of 1908).]
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      [Provided further that where the Court is satisfied that a Prima facie case is made out that,—
          (a) the arbitration agreement or contract which is the basis of the award; or
          (b) the making of the award,
was induced or effected by fraud or corruption, it shall stay the award unconditionally pending disposal of
the challenge under section 34 to the award.
     Explanation.—For the removal of doubts, it is hereby clarified that the above proviso shall apply to
all court cases arising out of or in relation to arbitral proceedings, irrespective of whether the arbitral or
court proceedings were commenced prior to or after the commencement of the Arbitration and
Conciliation (Amendment) Act, 2015 (3 of 2016).]
                                                          CHAPTER IX
                                                              Appeals
    37. Appealable orders.—(1) 2[Notwithstanding anything contained in any other law for the time
being in force, an appeal] shall lie from the following orders (and from no others) to the Court authorised
by law to hear appeals from original decrees of the Court passing the order, namely:—
                                                                               e
          3
           [(a) refusing to refer the parties to arbitration under section 8; od
           (b) granting or refusing to grant any measure under section 9;
                                                                       aC
           (c) setting aside or refusing to set aside an arbitral award under section 34.]
                                                                di
     (2) Appeal shall also lie to a court from an order of the arbitral tribunal—
                                                           In
              (a) accepting the plea referred to in sub-section (2) or sub-section (3) of section 16; or
              (b) granting or refusing to grant an interim measure under section 17.
    (3) No second appeal shall lie from an order passed in appeal under this section, but nothing in this
section shall affect or take away any right to appeal to the Supreme Court.
                                                           CHAPTER X
                                                          Miscellaneous
    38. Deposits.—(1) The arbitral tribunal may fix the amount of the deposit or supplementary deposit,
as the case may be, 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:
    Provided that where, apart from the claim, a counter-claim has been submitted to the arbitral tribunal,
it may fix separate amount of deposit for the claim and counter-claim.
     (2) The deposit referred to in sub-section (1) 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 party or parties, as the case
may be.



1. Ins. by Act 3 of 2021, s. 2 (w.e.f. 23-10-2015).
2. Subs. by Act 33 of 2019, s. 8, for “An appeal” (w.e.f. 30-8-2019).
3. Subs. by Act 3 of 2016, s. 20, for cls. (a) and (b) (w.e.f. 23-10-2015).
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