Can final and interim decisions be appealed? If so, to which court(s) and within what timescale?
The general principle is that final and interim decisions can be appealed. This however depends on the nature of the decision involved, the governing law and whether it is a first appeal or a second appeal. While an appeal is generally available against all final decisions, not all interim orders are appealable. Similarly, the time period within which an appeal can be filed is also dependent on a number of factors. Typically, it can vary between 20 to 90 days.
Article 229(1) of the COCP, lists those instances when the interim decision by court decree may not be challenged before the definitive judgement is delivered. These include but are not limited to:
a. a decree allowing a request for urgency;
b. any order or directive under the provisions of article 173 of the Code COCP pertaining to orders in camera with respect to matters of procedure;
c. a decree allowing or disallowing a request for the adjournment of a cause;
d. a decree allowing or disallowing an objection to the competency of a witness;
e. a decree allowing or disallowing a request to put questions to a witness;
f. a decree allowing or disallowing a request for the production of certain documents under article 637 of the COCP except if the decree allows or disallows the production of a document which is an exempt document in terms of article 637(4) COCP;
g. the appointment of a referee;
h. a decree allowing or disallowing the expunging of a document from the records of the case;
i. a decree disallowing a request for stay of proceedings.
In terms of Article 229(2) of the COCP, an appeal from the following interim decrees may be entered before the definitive judgment:
a. a decree refusing the appointment of additional referees under Article 674 COCP;
b. a decree transferring an action for trial to another court;
c. a decree refusing the joinder of a third party to the cause;
d. a decree disallowing a request for urgency;
e. a decree ordering the stay of proceedings;
f. a decree that orders the production of a document which is an exempt document in terms of article 637(4).
Article 229 (3) provides that an appeal from any other interlocutory decree not expressly provided in Article 229 (1) and (2) may be entered before the definitive judgment only by special leave of the court hearing the case, to be requested by an application to be filed within ten days from the date on which the decree is read out in open court. The court, after hearing the parties, may grant such leave of appeal if it deems it expedient and fair that the matter be brought before the Court of Appeal before the definitive judgment and the time limit for the filing of such an appeal shall commence to run from the date of the said decree.
In the case of any decree under sub-articles (2) and (3) above, provided that any application for an appeal has not been filed, the aggrieved party may file an application within six days from the date on which the decree is read out in open court, requested the court which delivered the decree to reconsider its decision. The application is contain full and detailed reasons in support of the request and is to be served on the other party who shall have the right to file an answer thereto within six days from the date of service.
The period for appeal from a decree before a definitive judgment shall be six days from the date on which the decree is read out in open court. Where an interlocutory decree has been given in camera, it shall for the purposes of the calculation of any time therein established, be deemed to have been read out in open court on the date of the first sitting in the case immediately after the decree was given in camera by the court.
Disputes heard in the Supreme Court
Appeals against a decision of a Registrar (a “Registrar’s Appeal”), usually on interlocutory applications, lies to a Judge of the High Court in Chambers. No leave of the Court is required to file a Registrar’s Appeal. The Notice of Appeal, must be filed within 14 days after the date of the Registrar’s decision, and must be served on every other party to the proceedings within 7 days of it being issued.
Appeals against a decision made by the High Court lies to the Court of Appeal, pursuant to Order 57 of the ROC. In this regard, it is pertinent to refer to section 34 of the SCJA, which provides a list of matters that are non-appealable or appealable only with leave of the Court. In particular, leave of the Court for an appeal to the Court of Appeal must be sought where the amount in dispute does not exceed $250,000, subject to section 34(3) of the SCJA. The Notice of Appeal, must be filed within 1 month from the date of the decision appealed against. At the time of filing such Notice of Appeal, the appellant must provide security for the respondent’s costs of the appeal.
Disputes heard in the State Courts
In the State Courts, appeals against a decision of a Registrar similarly lie to a District Judge in Chambers. The Notice of Appeal must be filed within 14 days after the date of the Registrar’s decision, and must be served on every other party to the proceedings within 7 days of it being issued.
Appeals from the decisions of District Judges or Magistrates, in Chambers, lie to a Judge of the High Court in Chambers. Similarly, the Notice of Appeal must be filed within 14 days after the date of the decision being appealed against, and must be served on every other party within 7 days of it being issue. Additionally, leave to appeal must be sought from the Court if the amount in dispute does not exceed $50,000.
Post-trial in the State Courts, a party not satisfied with the judgment may file an appeal to the High Court under Order 55D of the ROC. The Notice of Appeal must be filed within 14 days from the date of the judgment being appealed against. If the amount in dispute does not exceed $50,000, leave to appeal must also be sought from the Court under section 21 of the SCJA.
Final decisions (judgements) of the courts of first instance may be challenged in the appellate courts. An appeal may be submitted within one month from rendering the judgement. The appellate court may accept the appeal if it finds that the reasons for missing this deadline are justified.
Provided the case has been reviewed by the relevant appellate court or such court has refused to restore the time limit for filing an appeal, the respective appellate court’s resolution may be challenged in one of the circuit commercial courts within two months from entry into force of such resolution.
As discussed in Section 3, there are two cassation stages under the Commercial Procedural Code. Following the first cassation above, a second cassation appeal may be submitted to the Chamber on Economic Disputes of the Supreme Court within two months from entry into force of latest decision on the case. Firstly, an appeal is reviewed by one of the judges to decide whether it can be referred for consideration of that chamber. The grounds for a second cassation appeal are limited and require proving gross violation of law.
Finally, the last resort within commercial litigation proceedings is the review by the Presidium of the Supreme Court (supervision proceedings). That option is available within three months from entry into force of the latest decision on the case. Before being passed to the Presidium of the Supreme Court a motion for supervisory review is considered by one of the Supreme Court’s judges, similarly to the second cassation appeal. The grounds for appeal before the Presidium of the Supreme Court are also limited, being: (i) violation by the decision of the fundamental rights and freedoms guaranteed under the Constitution of the Russian Federation, Russia’s treaties or rules of international law; (ii) damage inflicted by the decision to the public interest or (iii) inconsistency of the decision with the uniformity of judicial practice. According to the official statistics, the Presidium of the Supreme Court has not considered a single commercial dispute during a year of 2017, although 503 motions for supervisory review have been submitted thereto.
Interim decisions of the courts may be appealed by the parties only if challenging of a particular interim decision is allowed by the Commercial Procedural Code. By way of example, the parties may appeal a decision on interim measures, a decision to stay or terminate the proceedings, a decision refusing involvement of third parties.
Both interim and final decisions can generally be challenged or appealed.
Interim court decisions and orders can be challenged for reconsideration before the same Commercial Court within five days after the notice of the decision. Orders of the Court Clerk (or Letrado de la Administración) can also be challenged for reversal before the Court Clerk themselves within the time limit of five working days.
Final decisions issued by Commercial Courts can be appealed within the time limit of twenty working days after the notice of such decision. The Appeal Court (or Audiencia Provincial) has the authority to decide on the appeal and, consequently, uphold or modify the Commercial Court judgment. The Appeal Court decision can also be challenged before the Supreme Court within the time limit of twenty working days after the notice of such decision by means of extraordinary appeals (namely cassation appeals and extraordinary appeals due to infringement of procedural rules).
There are also other extraordinary remedies such as, for instance, extraordinary appeals in the interest of law.
According to Article 9 of the Law Number 20 of 1947 on Appeal, an interim decision may only be appealed together with a final decision. The only exception to this rule will be an appeal against an interim decision in relation to the absolute jurisdiction of a court. An interim decision on the absolute jurisdiction are considered as a final decision.
In general, German court decisions are subject to appeal or some other form of judicial review. The applicable timescale depends on the form of the decision:
- The judgment (Urteil) is the main format for a binding decision in German litigation proceedings (sec. 300 ZPO). Other forms of decision are admissible only if the law explicitly provides for an express legal basis. Judgments of a Regional Court can be appealed to the competent Higher Regional Court on questions of fact and law, sec. 511 ZPO (Berufung). The appeal needs to be filed within one month upon service of judgment, sec. 517 ZPO. Decisions of the Higher Regional Court in the appellate proceedings can be further appealed to the Federal Supreme Court (Bundesgerichtshof) on points of law only, sec. 542 ZPO (Revision). The Revision needs to be filed within one month upon the service of the appeal judgment (sec. 548 ZPO).
- A court order (Beschluss) is a decision that, as a rule, is rendered without an oral hearing. Court orders can be challenged by a complaint on points of law according to sec. 574 ZPO (Rechtsbeschwerde). The complaint needs to be filed within one month following service of the order (sec. 575 ZPO).
- Court decisions dismissing a party’s petition concerning the proceedings can be challenged with an immediate complaint (sofortige Beschwerde) pursuant to sec. 567 ZPO, which needs to be filed within two weeks upon service of the decision.
- A court decree (Verfügung) is usually issued on case-management matter and other procedural issues relating to the proceedings. They are rendered by the presiding judge and not appealable.
An interlocutory judgment (Zwischenurteil), which is not final and binding but merely deals with a preliminary question, can be appealed only if the law expressly provides so, e.g. if the admissibility of the action is assessed in a separate hearing pursuant to sec. 280 ZPO.
Final and interim decisions can be appealed. Generally, regarding interim decisions the parties can appeal without a stay of execution of the lower court´s judgement within 6 business days from the issuance of the order appealed. Final judgments can be appeal with a stay of execution of the judgment, within 9 business days from the issuance of the final judgment appealed. Additionally, some procedural orders can be appealed in a preventive manner, in which the corresponding grounds for appeal are reserved and raised together with appeal against the final judgment, in this cases, the preventive appeal must be filed within 3 business days from the issuance of the order appealed.
The rule is that interim decisions, in the sense of preliminary decisions, may not be appealed per se without challenging the final decision of the same court.
Final and conclusive decisions are, with some limited exceptions, appealable.
The deadline for the filing of an appeal, in case the first degree decision is not served, is two years, starting from the day of the publication of the decision by the first instance court. If the decision is served, the deadline is thirty days (if the applicant is a resident of Greece) or sixty days (if the applicant’s resident is abroad or unknown), starting from the day of the service (Art. 518 of GCCP). An appeal against judgments of first instance courts permits, potentially and on the basis of the defects challenged by the appellant, a re-examination of the case, in total, i.e. in all legal and factual aspects.
The legislator’s approach is different with regard to decisions of interim measures. Pursuant to the provision of article 699 of GCCP decisions accepting or rejecting applications for interim measures or requests for revocation or for the purpose of reforming such measures are not subject to appeal with only limited exceptions rather not applicable in commercial litigation. Interim decisions can, however, be revoked (articles 688 II, 696-698, 738 GCCP) under strict conditions.
Generally, First Instance Court decisions may be appealed within 30 days from the service of the decision in front of the Court of Appeal.
However, Interim decisions rendered by the First Instance Court which do not end the case may only be appealed at the same time as the final First Instance Court decision.
Interim decisions rendered by the Judge on ex-parte applications for the imposition of interim measures may be appealed within 15 days from the date of the decision.
Parties may appeal judgments of the CFI to the CA. Final and interlocutory decisions of the CFI may be appealed, although leave is generally needed in respect of appeals against interlocutory CFI decisions. Parties have 28 days from the date of judgment to file a notice of appeal against a final CFI decision, while the timescale for appealing against interlocutory decisions of the CFI is generally 14 days. Permission to appeal may be required before lodging an appeal to the CA (subject to certain exemptions from the leave requirement). The High Court Ordinance (Cap. 4) provides that, except as provided by rules of court, no appeal lies to the CA from an interlocutory judgment or order of the CFI in any civil claim unless leave to appeal has been granted by the CFI or the CA.
Similarly, for CA decisions, parties may no longer appeal CA decisions as of right but may request leave to appeal to the Court of Final Appeal (“CFA”). The timescale is within 28 days from the date of the judgment to be appealed from.
There is also a “leap frog” procedure whereby civil appeals from the CFI can be made to the CFA – subject to leave of the CFA following the grant of a certificate by a CFI judge within 14 days from the date of judgment. Where a certificate has been granted, any party may apply to the CFA for leave within 28 days from the date of grant.
Final and interim decisions are subject to appeal.
According to the general rules governing appeals, first instance decisions can be challenged for incorrect or incomplete findings of fact or violation of law, whereas appeals before the Corte di Cassazione are limited to lack of jurisdiction, lacking, insufficient or contradictory motivation or violation or wrong application of law.
Appeals against first instance decisions issued by the Giudice di pace and the Tribunale can be lodged before the Tribunale and the Corte d’Appello respectively. The second instance decisions may be appealed before the Corte di Cassazione.
Appeals shall be lodged within 30 days (60 days in case the appeal is addressed to the Corte di Cassazione) from the day on which the final decision is served or, in the absence of service, within six months from its publication.
Specific rules are set out for appeals against precautionary measures or against decisions based on mere equity, for revocation and for third party appeals.
Final decisions of the Circuit Court may be appealed to the High Court. Decisions of the High Court (and Commercial Court) may be appealed, typically to the Court of Appeal. Decisions of the Court of Appeal may be appealed to the Supreme Court in certain circumstances only, for example where the decision involves a matter of general public importance and/or it is in the interests of justice that the decision be appealed to the Supreme Court. It is also possible in certain instances to appeal decisions of the High Court directly to the Supreme Court, effectively ‘leapfrogging’ the Court of Appeal. The Supreme Court will only hear such cases where it decides that the decision involves a matter of general public importance and/or it is in the interests of justice and where exceptional circumstances exist which warrant a direct appeal to the Supreme Court.
In order to appeal a High Court decision to the Court of Appeal, a notice of appeal must be lodged within 28 days of the date of perfection of the High Court Order. To appeal a decision of the High Court or the Court of Appeal to the Supreme Court, leave to appeal must be sought from the Supreme Court. Such application for leave to appeal must be filed and served no later than 28 days from the perfection of the Order of the lower court.
A Notice of Appeal in respect of an interim decision must issue not later than 10 days from the date of perfection of the interim Order being appealed.
An appeal ("Berufung") to the cantonal high court (appellate court) is admissible against final and interim decisions of first instance and decisions of first instance on interim measures. In matters with a monetary value, an appeal is admissible only if the value of the claim is at least CHF 10,000. Appeals must be filed in writing and with a statement of the grounds with the appellate court within 30 days of service of the first instance's (reasoned) decision. If the decision was rendered in summary proceedings, the deadline for filing the appeal is 10 days.
The appeal may be filed on grounds of incorrect application of the law and/or incorrect establishment of the facts. The legal effect and enforceability of the contested decision is principally suspended.
Another remedy against first instant decisions is the objection ("Beschwerde"). An objection is admissible against (i) final and interim decisions and decisions on interim measures of first instance that are not subject to appeal, (ii) other decisions and procedural rulings of first instance in the cases provided by the law or if they threaten to cause not easily reparable harm, and (iii) undue delay by the court. The filing deadlines are the same as the deadlines for the appeal. The objection on the grounds of undue delay may be filed at any time.
An objection is admissible on the grounds of incorrect application of the law obviously incorrect establishment of the facts. The objection does not suspend the legal effect and enforceability of the contested decision. The appellate court does principally not suspend the enforceability of the contested decision.
Decision of the Cantonal rulings may be appealed to the Swiss Federal Court (supreme court) within 30 days since receipt. Claims with monetary value must at have an amount in dispute of at least CHF 30,000.
The courts release interim decisions, if they consider preliminary questions of procedural or material nature to be of core relevance for the outcome of the case (e.g. jurisdiction, validity of a contract, statute of limitation). Such interim decisions must be separately appealed, while the case is still pending, otherwise the respective decision becomes final and cannot be contested anymore in the context of an appeal against the final decision. Other interim decisions can only be appealed if the party concerned is threatened by not easily reparable harm.
Under Chilean law, as a general rule, final and interim judgments pronounced by first instance civil courts can be appealed before the Courts of Appeal.
An appeal remedy against final judgments must be filed within the term of 10 working days (5 working days in case it is submitted against a non-final decision). An appeal remedy must be well-grounded and it must contain the accurate petitions submitted to the second instance court. Otherwise, the appeal remedy shall be declared inadmissible.
Against the first instance judgment, the parties may file a remedy of appeal and, in addition, a remedy requesting the nullity of the sentence due to formal defects (“recurso de casación en la forma”).
Against the second instance judgment, the parties may file a nullity remedy that is known and decided by the Supreme Court. In this case, the nullity remedy can be based on procedural defects, as well as errors in the application of the law (“recurso de casación en el fondo”).
The first instance of a civil proceeding may take from one to two years. The second instance remedies and those before the Supreme Court may last from 6 months to a year.
Usually, final decisions made by arbitrators are not subject of appeal remedies (because parties can waive remedies against awards before arbitral jurisdiction).
A clear distinction is made between awards and decisions under Swedish law. An award is a court’s determination on the merits of the matter at issue. The determination of any other matter is a decision. A decision wherein the court disassociates itself from the matter at issue (i.e. without referring to the merits) is a final decision, e.g. when a case is dismissed because of res judicata. Any other decisions are known as interim decisions (Sw. beslut under rättegång), e.g. dismissal of evidence or an order to produce documents.
All awards and decisions rendered by a district court can be appealed to a court of appeal, but a leave to appeal is required. A leave to appeal will be granted if any of the following conditions apply;
(i) there is reason to believe that the district court has come to an erroneous conclusion;
(ii) it is not possible to assess the correctness of the district court’s award or decision;
(iii) it is of importance to establish an award that may provide guidance to Swedish courts; or
(iv) any other extraordinary reason.
Awards and decisions from a court of appeal can in turn be appealed to the Supreme Court but leave to appeal is granted in few cases since the conditions under items (i) and (ii) above do not apply.
The rules on deadlines for appeals are complex, but many appeals must be made within three weeks after the award or decision is rendered. Certain interim decisions can only be appealed when the court disassociates itself from the matter at issue (either by award or final decision) while others can be appealed immediately.
Appeals under Portuguese jurisdiction must fulfil certain initial requirements related to the amount of the claim and the burden of loss.
Taking these factors into account, final decisions can be appealed to the respective higher court (e.g. a decision of a first instance court must be appealed to the court of appeal – Tribunal da Relação) and, depending on the type of process or the grounds of the decision, within a period of between 15 to 30 days, counting from the date the decision was notified to the parties.
Not all Interim decisions can be appealed, but if the appeal is allowed, it must be presented within 15 days counting from the date when the decision was notified.
Final and interim decisions can, in most cases, be appealed to the same court or to the Court of Appeal or Cassation depending on the decision.
For example, the judgment issued by the Court of First Instance is appealed before the Court of Appeal within 30 days, and the judgment issued by the Court of Appeal is appealed before the Court of Cassation within 60 days.
This may differ from case to case depending on the value of the claim and other factors.
When courts or tribunals render a judgment or make an order, the parties are asked whether they agree with the decision. The party who objects may file an application for review with the competent appeal tribunal within 30 days from receipt of the written judgment. At this stage, the appeals tribunal reviews the case file and judgment without the parties’ presence. If the appeals tribunal considers the objection unjustified, the judgment is stamped final and enforceable and returned to the court at first instance.
If the appeals tribunal considers the objection justified, it issues specific directions, for example that the first instance tribunal must ascertain additional facts, or that it must reconsider the facts in light of a ruling on procedure or evidence made by the appeal tribunal. It is not unusual for additional hearings to take place, at which the parties are asked to make further submissions. Once the tribunal at first instance is satisfied that it has carried out the appeal tribunal’s directions, it issues a new judgment. It is then open for the losing party to raise further objections.
If the appeal tribunal forms the opinion that the tribunal at first instance is not able or willing to carry out its directions, it can issue its own judgment. There is no specific rule when this point is reached, although most commonly this is after the second judgment is issued. Once the appeal tribunal decides to take over the case, it must invite argument from both parties before issuing its judgment. Decisions of the appeal tribunal are final.
All district court judgements and most interim decisions can be appealed to the court of appeal. The general time limit for submitting an appeal is one month.
Final and interim decisions of the federal district courts can be appealed to a federal court of appeals. Final decisions are appealable automatically (as of right), and notice of appeal must be given within 30 days after entry of the district court’s judgment. Generally, interim decisions are appealable if a district court judge indicates that the decision involves a controlling question of law as to which there is substantial ground for difference of opinion, and that an immediate appeal from the decision may materially advance the ultimate termination of the litigation. The federal court of appeals has the discretion to hear those interim appeals. Other interim decisions, such as those granting, continuing, modifying, refusing or dissolving injunctions, are appealable as of right and do not require approval from the district court or the court of appeals.
Decisions by the federal courts of appeals can be appealed to the U.S. Supreme Court. Generally, there is no right of appeal to the Supreme Court. However, a party may file a petition for a writ of certiorari requesting that the Supreme Court review the circuit court’s decision, and the Supreme Court may grant or deny the petition at its discretion. A petition for a writ of certiorari must be filed within 90 days after entry of the lower court’s judgment.
State court appellate procedures vary by jurisdiction. However, certain decisions by the courts of last resort in any state may be appealed to the U.S. Supreme Court.
The Austrian Code of Civil Procedure provides for two appeal levels. Firstly, to the respective court of appeals and secondly, to the Austrian Supreme Court.
A party may file an ordinary appeal (“Berufung”) against the judgment of a court of first instance within four weeks after said judgment has been served. Depending on which court has decided in the first place, the competent court of appeals is either a regional court or a higher regional court. The opposing party may file a response within four weeks of being served with the appeal.
A party may file a second appeal (“Revision”) against the decision of an appellate court to the Supreme Court within four weeks after service, if a substantial matter is given. This is the case if a substantial question of law, which has not yet been decided by the Supreme Court, is concerned, or if the decision of the appellate court deviates from the Supreme Courts’ existing decision-making practice. Again, the opposing party may respond to this second appeal within four weeks.
In principle, a party may file a complaint (“Rekurs”) or a second complaint (“Revisionsrekurs”) against a court order other than a judgment (“Beschluss”). However, certain court orders can only be contested in conjunction with an appeal against the rendered judgment while some cannot be appealed against at all. Complaints usually have to be filed within 14 days after service. Like second appeals, a second complaint to the Supreme Court is limited to substantial matters.
An interlocutory injunction may be set aside by a complaint or an objection, which has to be filed within 14 days after service.
Other requests for relief from court decisions are known as extraordinary remedies (such as actions for annulment or actions for the reopening of proceedings).
The judgement of a court of first instance can be appealed to the high court. The appeal to the high court must be made no later than 14 days after the day on which the service of judgment is received by the appellant.
If the court issues an order for interim remedies, the obligor may file an objection with the court on the ground that the court erred in determining that the requirements for interim remedies were met at the time of issuance of the order. The said court may uphold, modify, or revoke the order. Basically, no time limitation is placed on the filing of an objection. The court’s decision on the objection may be appealed to the high court. The appeal must be filed no later than 14 days after the day on which such decision is served, and this period cannot be extended. It should be noted that the filing of an objection will not stop the execution of the interim remedies; therefore, it is important to also file a petition to stay the execution of the interim remedies.
The obligor may also ask for the revocation of the interim remedies if (i) the obligee fails to file an action on the merits within a certain time period, (ii) a change of circumstances occurs, or (iii) the interim remedies will cause damages which cannot be compensated, or (iv) other special circumstances exist. The court’s decision on a petition to revoke an interim remedy may be appealed to the high court. The appeal must be filed no later than 14 days after the day on which such judgement is served, and this period cannot be extended.
If the petition for interim remedies is rejected by the court, the obligee may immediately appeal the decision. The appeal must be filed no later than 14 days after the day on which such the obligee is notified of the decision, and this period cannot be extended.
Permission to appeal must be given by the court before a decision can be appealed. The application for permission to appeal can be made either to the lower court at the hearing at which the decision to be appealed was made or to the appeal court. If made to the appeal court, it must be requested in the ‘appellant’s notice’. This must be filed within 21 days to appeal to the Court of Appeal against a county court or High Court decision. Appeals to the Supreme Court must be made within 28 days.
It is possible to appeal a case. In Danish law there is a distinction between appeal (In Danish: anke) and interlocutory appeal (In Danish: kære).
Appeal: A judgment can be appealed from the District Court to the High Court within four weeks, and from a High Court to the Supreme Court within four weeks as well. The High Court may reject the case if there is no prospect that the case will have a different outcome and if the case is not of principle character. Further a case needs permission to be appealed to the High Court if the claim is less than 20,000 DKK (Approximately Euro 3,000.-).
Interlocutory appeal: Decisions and court orders can be appealed within two weeks. In principle it is not possible to appeal rulings if it is made during the preparation of the case or during the main hearing and the ruling does not close the case. However it is possible to apply for a permission to appeal the ruling. Only special circumstances will grant permission. Besides, permission is needed in certain other cases.
Interim orders cannot always be appealed in transit but only when the final decision has been made. This depends on the nature of the decision and if it actually ends the case, for instance a rejection.
A distinction has to be drawn between judgments on the merits, judgments on interim measures and ex-parte orders.
Judgments on the merits rendered by the Commercial Court can be appealed if the amount in dispute exceeds 4,000 euros. If it is below 4,000 euros, no appeal may be filed against the first court’s decision. Such decisions may, however, be challenged before the Supreme Court (Cour de cassation). It must, however, be noted that the Supreme Court will review the judgment only on points of law.
Specific rules apply to interim measures and ex-parte decisions:
- judgments that order an investigatory measure may be appealed only once the judgment on the merits has been rendered. However, when the decision orders an investigatory measure while also ruling partly on the merits, an appeal may immediately be lodged against such decision;
- regarding ex parte decisions (ordonnance sur requête): (i) if the request is granted, the defendant may apply for the order to be lifted (référé-rétractation); (ii) if the request is denied, the claimant may challenge the order by way of appeal.
An appeal lies from every final decree passed by any court exercising original jurisdiction to the court authorized to hear appeals from decisions of such court both, on questions of fact and law. A second appeal, only on a question of law, may also lie to the High Court. In the case of certain specified interim orders, an appeal can be filed in accordance with the provisions of Order XLIII of the Code.
Under the Commercial Courts Act, Section 13 provides that an appeal may lie against a decree of the Commercial Court or Commercial Division of a High Court to the Commercial Appellate Division of that High Court within a period of sixty days from the date of judgment or order. However, it further clarifies that in the case of orders, an appeal shall lie only from such orders as are specifically enumerated under Order XLIII of the Code and Section 37 of the Arbitration Act.
In arbitration proceedings taking place in India, interim orders may be appealed in accordance with Section 37 of the Arbitration Act. However, in the case of certain orders under the Arbitration Act, an appeal may not lie immediately and the party seeking to appeal against such order would have to wait until the final award is passed. As an example, no appeal shall immediately lie against an order rejecting a challenge to the jurisdiction of the arbitral tribunal under Section 16 of the Arbitration Act and for this purpose, the party whose application is rejected shall have to wait until the final award is passed.
Further, an application for setting aside an arbitral award, including an interim award may lie under Section 34 of the Arbitration Act. Such application is required to be made within three months of receipt of the award or if a request for correction or interpretation of the award had been made, within three months of the date on which such request had been disposed of by the arbitral tribunal.
An appeal may also be preferred to the Supreme Court against any judgment, decree or final order in a civil proceeding if the High Court certifies that the case involves a substantial question of law of general importance. However, this apart, the Supreme Court may grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India.
The timescales for filing appeals have been provided under the Limitation Act, which stipulates that any appeals to a High Court from an order or decree can be filed within ninety days from the date of the decree or order. If the appeal is being filed to any other court against an order or decree, then the same can be filed within thirty days from the date of the decree or order.
In case of a special leave to appeal to the Supreme Court, the Supreme Court Rules, 2013 provide that in cases where the High Court refuses to grant leave, an appeal should be filed within sixty days of the order of refusal. In all other cases, an appeal may be filed within ninety days of the date of the judgment or order.