Asha Construction and Anr. v. Tata Motors Finance Limited
Case brief
What is this about?
Asha Construction; Tata Motors Finance Limited; Bombay High Court; Ordinary Original Civil Jurisdiction; Somasekhar Sundaresan; arbitration petition; unilateral appointment of arbitrator; set aside by consent; Mumbai Centre for International Arbitration; MCIA; Institutional Arbitration Rules; sole arbitrator; Section 11(8); Section 12(1); Statement of Disclosure; arbitral costs borne equally; interim application disposed; March 24, 2025; ARBP No. 65 of 2024; ARBP No. 66 of 2024; ARBP No. 68 of 2024; ARBP No. 69 of 2024; ARBP No. 71 of 2024; ARBP No. 72 of 2024; ARBP No. 73 of 2024; ARBP No. 74 of 2024; ARBP No. 86 of 2024
What did the court decide?
By consent, all arbitral awards impugned in the Petitions were set aside and the agreements under reference were sent for conduct of the arbitration afresh by a sole arbitrator, with the disputes referred to the Mumbai Centre for International Arbitration under its Institutional Arbitration Rules for appointment of an appropriate arbitrator; the Sole Arbitrator to forward the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Act; arbitral costs and fees to be borne equally in the first instance, subject to the final award on costs; all issues on merits kept open.