Hdfc Bank Limited v. Ram Shivsagar
Case brief
What is this about?
The Bombay High Court set aside multiple arbitral awards due to unilateral appointment of the sole arbitrator, relying on the Supreme Court judgment in Bhadra International. Applications were dismissed, parties permitted to initiate fresh arbitration with exclusion of the current period for limitation, and liberty granted to apply if a waiver exists under Section 12(5) of the Act.
What did the court decide?
Arbitral awards set aside; connected interim applications and chamber summons dismissed; liberty granted to apply if express agreement waives ineligibility under Section 12(5)