No Requirement Of A Fresh Notice For Re-invoking Arbitration After Award Is Set Aside Under Section 34

In Kirloskar Pneumatic Company v. Kataria Sales Corporation, the Hon'ble Bombay High Court ("High Court") has held that, when arbitration proceedings have already been initiated and the award has been set-aside under Section 34of the Arbitration and Conciliation Act, 1996 ("Act"), it is not necessary to issue afresh notice under Section 21 of the Act before seeking appointment of a new arbitrator under Section 11 of the Act.

FACTS

The Petitioner and the Respondent entered into a Dealership Agreement for supply of certain equipment ("Agreement"). Pursuant to the Agreement, the Respondent raised purchase orders on the Petitioner for purchase of certain equipment, for which the Petitioner raised invoices, however, the Respondent refused to honour the said invoices and clear payment.