Bombay High Court: Pending Section 37 Appeal Doesn’t Bar Fresh Arbitration

The Bombay High Court held that the pendency of an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, against an arbitral award does not prevent parties from initiating a fresh round of arbitration once the earlier award has been set aside.

Justice Gautam A. Ankhad clarified that under Section 11, the court’s role is limited to verifying the existence of an arbitration agreement. Questions of limitation, res judicata, or arbitrability must be decided by the arbitral tribunal.

The Court appointed a sole arbitrator and allowed the Section 11 application.

[Rajuram Sawaji Purohit v The Shandar Interior Pvt. Ltd.]