Cosmo Enterprises Ltd. v. Union of India, Ministry of Railways, Central Railway
Case brief
What is this about?
Bombay High Court (Sandeep V. Marne J, 9 February 2026), Commercial Arbitration Application No. 55 of 2026; Section 11 Arbitration and Conciliation Act 1996; appointment of arbitrator from Railways-curated panel held unconstitutional per Constitution Bench in Central Organisation For Railway Electrifcation v. ECI SPIC SMO MCMLi (JV); sole arbitrator (Ms. Shubra Swami) appointed by Court outside Railways panel; disputes under purchase order dated 19 May 2023; Union of India, Central Railway; arbitrator fees per Bombay High Court (Fee Payable to Arbitrators) Rules 2018, costs shared equally; rights and contentions kept open; application disposed of.
What did the court decide?
Appointment of Ms. Shubra Swami, Advocate, as sole Arbitrator to adjudicate the disputes and differences between the parties; copy of the order to be communicated to the arbitrator within one week; statutory Statement of Disclosure under Section 11(8) read with Section 12(1) to be forwarded within two weeks; arbitrator's fees as prescribed under the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018, with arbitral costs and fees borne by the parties in equal portion and subject to the final award; all rights and contentions of the parties expressly kept open before the Arbitral Tribunal.