Once Arbitration is Abandoned, Fresh Proceedings on Same Dispute Barred: Supreme Court

The Supreme Court held that a claimant who abandons arbitral proceedings cannot later restart arbitration on the same cause of action.

Applying principles of Order 23 Rule 1 CPC, the Court ruled that withdrawal without liberty bars fresh proceedings, even under Section 11 of the Arbitration and Conciliation Act, 1996.

It observed that allowing repeated attempts would amount to abuse of process and undermine finality in dispute resolution. In the present case, the respondent had earlier withdrawn participation and failed to revive claims despite opportunity, yet later sought fresh arbitration.

Setting aside the High Court’s order, the Court held the second application legally untenable.

[Rajiv Gaddh v. Subodh Parkash]