Can arbitral award of one case be used by other party in another case


When an arbitral award has been set aside under section 34 of the Arbitration Act, can the statements of claim and defense and evidence submitted by one party during the earlier arbitral proceedings be used by another party in some other matter?

Answers (4)


254 votes

Dear Litigant,

Once the Arbitral Award has been set aside under section 34 of the Arbitration Act, then the proceedings become infructuous and the statement of claim, evidence as submitted by one party during the proceedings cannot be used by another party in some alternate disputes.


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313 votes

The answer to that would be no but depends on what context the reference is made. It is settled position of law that after the setting aside of award, parties are entitled to commence a fresh arbitration. The fresh arbitration means fresh SOD and SOD.

The earlier proceedings would have no bearing as the award is only set aside.

Just to clarify, there are some cases where parties by consent have accepted the set aside and agreed to start fresh proceedings with SOC and SOD and evidence on record.

However, any new claims would be subject to limitation period that starts from the beginning and limitation will be only cancelled out from claims referred earlier.

Hope this helps.

Regards
Prakhar

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248 votes

if the facts of the other case are similar to the prvious case, then you may use the Statment of Claims and defence of the previous case as a reference point for drafting the same in new case. However, with respect to the Evidence submitted by the parties, that depends on the relevance of such evidence in the new case.

87 votes

Yes, the defence and evidence if relevant to another matter may be placed before the Hon'ble Court. Please note that it will be prudent to ask the court to summon the records, rather than going ahead and producing the document by yourselves.

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