Foreign award enforcement appeals are excluded under the special arbitration scheme, and the Commercial Courts Act cannot create a new remedy.

Section 50 of the Arbitration and Conciliation Act, 1996 is a self-contained scheme governing appeals in enforcement of foreign awards and permits only the limited appeals expressly provided. Section 13(1) of the Commercial Courts Act, 2015, being a general forum provision, cannot create a new appellate right where the special arbitration statute withholds one. The proviso to Section 13(1) preserves only appeals specifically provided under the CPC and Section 37 of the Arbitration Act. Accordingly, no appeal lies under Section 13(1) against an order enforcing a foreign award when Section 50 does not provide such an appeal.

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Issues: Whether an appeal against an order enforcing a foreign award, which is not appealable under Section 50 of the Arbitration and Conciliation Act, 1996, is nevertheless maintainable under Section 13(1) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015.

Analysis: Section 50 of the Arbitration and Conciliation Act, 1996 forms part of a self-contained statutory scheme governing enforcement of foreign awards and permits appeals only in the limited situations expressly stated therein. The Commercial Courts Act, 2015 is a general forum-provision for commercial matters and cannot be read to create a fresh appellate right where the special arbitration statute withholds one. The proviso to Section 13(1) reinforces this reading by expressly preserving only those appeals that are specifically provided under the Code of Civil Procedure and Section 37 of the Arbitration and Conciliation Act, 1996. The legislative object of speedy enforcement of foreign awards would also be defeated if an additional appeal were implied merely because the value of the award exceeds the specified value under the Commercial Courts Act.

Conclusion: No appeal lies under Section 13(1) of the Commercial Courts Act, 2015 against an order enforcing a foreign award when Section 50 of the Arbitration and Conciliation Act, 1996 does not provide such an appeal.

Ratio Decidendi: A special enactment that constitutes a self-contained code and exhaustively provides the appellate remedy excludes a wider general appellate provision by necessary implication.

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