Can Disputes be Re-Arbitrated after an Award is Set Aside? Delhi High Court

The Delhi High Court ruled that disputes cannot be re-arbitrated after an arbitral award is set aside under Section 34 of the Arbitration and Conciliation Act, emphasising the principle of res judicata.

The case involved Jaiprakash Associates Limited (JAL) seeking re-arbitration after its claims were previously set aside due to lack of evidence and unauthorized reliance on equity.

NHPC opposed, citing finality achieved through prior proceedings.

The Court declined JAL's request to appoint an arbitrator, stressing that allowing re-arbitration would undermine the arbitration process's finality and lead to endless litigation cycles.

The judgment highlights the need for clarity in such scenarios.