Whether Claim Is Barred By Res Judicata Cannot Be Decided By Court At S.11 Stage Of Arbitration Act: P&H High Court

The Punjab and Haryana High Court ruled that a claim barred by res judicata cannot be decided by the court at the Section 11 stage of the Arbitration Act. The case involved a dispute where one party sought to refer the matter to arbitration despite a previous court decision on the same issue. The court held that the principle of res judicata applies, and the claim cannot be re-litigated through arbitration. The ruling underscores the importance of finality in judicial decisions and prevents parties from circumventing court judgments by seeking arbitration.