Asha Constructions and Anr. v. Tata Motors Finance Limited
Case brief
What is this about?
Consent-based setting aside of arbitral awards by unilaterally appointed arbitrators; fresh reference of disputes to Mumbai Centre for International Arbitration (MCIA) under its Institutional Arbitration Rules for appointment of sole arbitrator; statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Act; arbitral costs and fees borne equally in first instance; all merits issues kept open; Bombay High Court, Somasekhar Sundaresan J.; Asha Construction and Anr. v. Tata Motors Finance Limited; Arbitration Petition Nos. 65, 66, 68, 69, 71, 72, 73, 74, 86 of 2024 with Interim Applications Nos. 2678, 2679, 2709, 2710, 2711, 2994, 2995, 2996, 2997 of 2024; disposed March 24, 2025.
What did the court decide?
By consent, each of the arbitral awards impugned in the Petitions is set aside and the underlying agreements/disputes are referred afresh to the Mumbai Centre for International Arbitration under its Institutional Arbitration Rules for conduct of arbitration by a sole arbitrator, with directions for communication of the order to MCIA, forwarding of the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Act, appearance of parties before the sole arbitrator, service of correspondence by email, and equal bearing of arbitral costs and fees in the first instance subject to any final Award on costs; all Petitions and all connected Interim Applications stand finally disposed of.