August 04, 2020
India—Delhi High court’s vaccine for combating multiplicity of arbitral proceedings (Gammon India v National Highways Authority of India)
This article was originally published in the 24th July 2020 edition of
Lexis PSL Arbitration
While hearing a petition challenging an arbitral award in Gammon India Ltd & another v National Highways Authority of India (OMP 680/2011 (New No OMP (COMM)392/2020), the High Court of Delhi took cognisance of the issues surrounding ‘multiplicity’ of arbitral proceedings, i.e., multiple invocation, multiple references to arbitrations constitution of multiple tribunals, multiple awards being rendered and consequently multiple challenges thereto—between the same parties, in respect of the same contract or the same series of contracts.
The Court observed that there is nothing in the Arbitration and Conciliation Act 1996, which prohibits parties from raising claims and counter-claims in multiple proceedings arising out of the same contract. Therefore, it laid down certain directions to curb the nuances of multiplicity of proceedings, in case of future disputes.
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