M/S Sbfc Finance Limited v. Shubham Store
Case brief
What is this about?
Unilateral appointment of sole arbitrator void ab initio; ineligibility raisable at any stage including execution; arbitral awards set aside; Commercial Execution Application dismissed; connected interim applications and chamber summons disposed; fresh arbitration permitted with limitation exclusion from invocation till order date; express written waiver under proviso to Section 12(5), Arbitration and Conciliation Act 1996; Bombay High Court; Bhadra International (India) Pvt. Ltd. v. Airports Authority of India, 2026 SCC Online SC 7.
What did the court decide?
Parties are free to initiate fresh arbitration proceedings in accordance with law; the period from invocation of the arbitration till the date of the order (30-03-2026) is excluded for limitation; liberty to apply where an express written agreement under the proviso to Section 12(5) waives the sole arbitrator's ineligibility or the right to object under Section 12(5); connected Interim Applications and Chamber Summons disposed.