Re-arbitration Rejected: Insights From The Jaiprakash Associates Limited vs. NHPC Limited

Introduction

Arbitration has become a prominent mechanism for resolving commercial disputes in India, favoured for its potential to offer efficient and final resolution outside the traditional court system. The judiciary in India generally adopts a supportive stance towards arbitration, encouraging parties to adhere to their agreed-upon dispute resolution process. However, questions arise regarding the scope and finality of arbitral awards, particularly when an award is challenged and subsequently set aside by a court. A significant judgment addressing the intricacies of this issue is the Delhi High Court's decision in the case of M/S Jaiprakash Associates Limited vs M/S NHPC Limited¹. This ruling delves into the crucial question of whether a second round of arbitration can be initiated after an initial arbitral award pertaining to the same dispute has been overturned by a court. This article will undertake a comprehensive analysis of this judgment, examining the