Two Arbitration Proceedings for Same Contract/Transaction not allowed: SC

Tantia Constructions Limited Vs Union of India (Supreme Court of India)

Having heard the learned counsel for the petitioner, we are of the firm opinion that there cannot be two arbitration proceedings with respect to the same contract/transaction. It is not in dispute that in the present case, earlier the dispute was referred to arbitration and the Arbitrator passed an award on whatever the claims were made. Thereafter, a fresh arbitration proceeding was sought to be initiated with respect to some further claims, may be after final bill. The same is rightly refused to be referred to arbitration in exercise of Section 11(6) of the Arbitration and Conciliation Act, 1996. We are in complete agreement with the view taken by the High Court.

With this, the Special Leave Petition stands dismissed.

Pending application(s), if any, shall stand disposed of.