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Q. Can two arbitration proceedings permitted for same matter?

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Anonymous

posted 4 months ago

question iconCan two arbitration proceedings permitted for same matter?

Can two arbitration proceedings permitted for same matter?

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Anik

Anik

Responded 4 months ago

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A.Hello
The principle of res judicata is indeed applicable to arbitral proceedings as also ruled by the Supreme Court. As per the principal of res-judicata a matter that has been adjudicated by a competent court and therefore may not be pursued further by the same parties in the same court. Therefore there cannot be two arbitration proceedings for same cause of action in the courts of same jurisdiction.
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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

Responded 4 months ago

A.Hello Sir/Ma'am
If two arbitration proceedings are going on for same cause of action and then such thing is not permissible as per the Indian Legal System. There cannot be two decision by the court of same jurisdiction in a matter having same cause of action.
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Sidhaarth

Sidhaarth

Responded 4 months ago

A.Details are required to be examined. Two arbitration proceeding or cases on same cause of action, for same subject matter between same parties cannot continue simultaneously being barred by principle of resjudicata. If one case us akready pending then subsequent case is barred and is not tenable.

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