Phoenix Arc Private Limited v. St. John Freight Systems Ltd. and Another
Case brief
What is this about?
Unilateral appointment of arbitrator; award dated 30.06.2017 set aside at execution stage; Bhadra International (India) Pvt. Ltd. and others v. Airports Authority of India, 2026 SCC Online SC 7 relied on; Section 12(5) proviso waiver liberty; fresh arbitration permitted; limitation exclusion from invocation of arbitration till order; execution application and interim application dismissed/disposed; Phoenix ARC Pvt. Ltd. v. St. John Freight Systems Ltd.; High Court of Bombay; COMEX 156 of 2025; IA 643 of 2025; Abhay Ahuja, J.; 15th April 2026.
What did the court decide?
Arbitral award dated 30th June, 2017 set aside; Commercial Execution Application No. 156 of 2025 and the connected Interim Application No. 643 of 2025 dismissed/disposed; parties left open to initiate fresh arbitration proceedings in accordance with law (para 14 of order); period from invocation of arbitration till the date of the order to be excluded for limitation; liberty to apply under the proviso to Section 12(5) of the said Act.