Supreme Court Bars Fresh Filing Of Section 11 Arbitration Application After Unconditional Withdrawal

Introduction

The Hon'ble Supreme Court recently in M/s. HPCL Bio-Fuels Ltd. vs M/s. Shahaji Bhanudas Bhad held that Order 23 Rule 1 of the Civil Procedure Code ("CPC") applies to applications for the appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 ("Arbitration Act"). Thus, if a party unconditionally withdraws its application for the appointment of an arbitrator under Section 11(6) of the Arbitration Act, without craving leave to file a fresh application, the party would be precluded from submitting a subsequent application for the appointment of an arbitrator.