#pending appeal arbitration

The Bombay High Court has ruled that a party may file a fresh Section 11 application for arbitration of damages claims not previously decided, even if an appeal against the set-aside award is pending. This clarifies that setting aside an award nullifies its binding effect, allowing parties to pursue unaddressed heads of claim without being barred by pendency of appellate proceedings. Practitioners and developers must now treat set-aside awards as legally vacated for unadjudicated relief.