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Smita_L01042008 (student)     24 November 2010

Is Res Judicata applicable to arbitration?

Dear members,


please guide whether the concept of res judicata is applicable to arbitration matter.


can the same dispute be referred to atbitration tribunal again?


 10 Replies


yes the doctrine of resjudicata may also be applicable in arbitration act as in civil procedure code...

Smita_L01042008 (student)     25 November 2010

Thanks for the reply.


Can you suggest any case law wherein the fresh arbitration is dismissed on res judicata

Rahul Gupta (Advocate)     26 November 2010

Yes, the principle of res-judicata would certainly be applicable to Arbitration also. Please also refer to Section 28(1) (a) of the Arbitration and Concilliation Act, 1996.


plz log in www.indiankanoon.org


yes the doctorine applies, right quote Mr. gupta

pratik (self working)     04 April 2011

But Sir As per the

Section 28. Rules applicable to substance of dispute.

(1) Where the place of arbitration is situate in India,-
(a) in an arbitration other than an international commercial arbitration, the arbitral tribunal shall decide the dispute submitted to arbitration in accordance with the substantive law for the time being in force in India;
Query : But the section & sub clause has not mentioned that (Is Res Judicata applicable to arbitration?) or not ? So mean to says that substantive law words are used so Res Judicata is applicable to arbitration ?
Sir pls clarify the issue.

Rahul Gupta (Advocate)     07 April 2011

First thing that must be understood that Arbitration is only one of the modes of settling the dispute through an alternate mode rather than going to a regular court. Arbitration Act, 1940 and now Arbitration and Concilliation Act, 1996 is a procedural law which only lays down a procedure as to how a particular dispute would be settled in cases in which there is an Arbitration agreement between the parties. All the substantive laws (i.e laws apart from procedural laws) which are applicable to regular court proceedings would be applicable in arbitration proceedings also.

My opinions are always subject to correction by my other Lerned members. Thank you.

Rahul Gupta (Advocate)     07 April 2011

And forgot one thing, if a matter cannot be raised in regular court because of applicability of principles of res-judicata, merely because a finally adjudicated dispute is being raised in arbitration proceeding, the same would not become valid.

Anamika Dubey (Service)     04 July 2011

Dear Members,

Is res judicata principle applicable to the matter which is withdrawn and not decided on merit? further do provide me case law on this.



Anamika Dubey

Rahul Gupta (Advocate)     04 July 2011

The basic principle for applicability of res-judicata is that the matter should be heard and finally decided. In your case since the matter was not heard and finally decided, principle of res-judicata would not apply. Please refer to Section 11 of C.P.C which is self explanatory.

Citation - “Ram Gobinda Daw” AIR 1971 SC 664 ; 1971 (1) SCC 387

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