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Smita_L01042008 (student)     24 November 2010

Fresh case for similar dispute

Good morning to all members.

the arbitration has already passed an award on 15 sep 2010 in the dispute which mentioned that the matter filed by the applicant party is time barred. In stead of going for an appeal against award, the party has filed fresh arbitration again before same tribunal.

 

the party is trying to take advantage of change in the Bye Laws which was effected on 1st Sep 2010 i.e. during the pendancy of arbitration but not such changes werebconsidered by the arbitrator.

Kindly guide whether the fresh arbitration filed by the party on same dispute, before same arbitration tribunal is maintainable or not.

Is there any case law, we can refer here.

Regards to all members



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     30 November 2010

Chapter VII of the Arbitration and Conciliation Act,1996 explains your case. This chapter contains only one section 34. However, it contains the most important provisions regarding the 'Recourse against Arbitral Award/ 'Setting Aside Arbitral Award'

SACHIN AGARWAL (ADVOCATE)     09 December 2010

It is the settled law that once a matter ha sbeen decided, you can go in appeal but cannot revert back to the fresh proceedings.

 

The second Arbitration case is not maintainable.


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