HC declines to appoint arbitrator in disputes with prior arbitration claims

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HC declines to appoint arbitrator in disputes with prior arbitration claims - Business Standard

Quick Summary:

In another round of proceedings, the Delhi High Court partially enforced the award, limiting it to the counterclaims granted in NHPC’s favour.

The Delhi High Court’s ruling highlighted the need for greater clarity on whether disputes, once adjudicated and set aside under Section 34, can be re-referred to arbitration, and under what circumstances, if any, such a course of action would align with the law.

The court held that this approach would undermine the sanctity of the arbitration process, as the re-adjudication of disputes, as proposed, was neither permissible under the Arbitration and Conciliation Act nor supported by legal principles.