Arbitration--Appointment of Arbitrator--Abandonment of Earlier Arbitration Bars Fresh Claim on Same Cause of Action
A party that abandons arbitration proceedings is barred from initiating fresh arbitration on the same cause of action. Order 23 Rule 1 of the Code of Civil Procedure applies to proceedings under Section 11(6) of the Arbitration and Conciliation Act, and bars substitution of subsequent proceedings founded on an identical cause of action. Such conduct amounts to abuse of judicial process and is impermissible on grounds of public policy. Abandonment need not be express; refusal to participate and disclaimer of the authority of an arbitrator constitute abandonment by conduct.
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