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As per case facts, the appellant challenged an arbitral award before the Commercial Court, which returned the application citing lack of jurisdiction, deeming it an International Commercial Arbitration (ICA). The
...appellant contended the arbitration was domestic, given a prior High Court appointment of an Arbitrator and the contract's local performance. The question arose whether an order returning an application for lack of jurisdiction is appealable under the Arbitration Act and if the Commercial Court correctly identified the arbitration as international. Finally, the High Court held that such a procedural order is not appealable under Section 37. It further affirmed, citing precedent, that an arbitration involving a body corporate incorporated outside India, like the respondent's lead member from Australia, is an ICA. Consequently, the Commercial Court at the district level correctly lacked jurisdiction, and the appeal was dismissed as not maintainable.
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