Axis Bank (Formerly Known as Uti Bank Ltd. v. Aijaz Rafique Khan
Case brief
What is this about?
Unilateral appointment of sole arbitrator; arbitral awards set aside; Commercial Execution Applications / Execution Applications dismissed; connected Interim Applications and Chamber Summons disposed; fresh arbitration permitted with limitation exclusion from invocation till order date; Section 12(5) Arbitration and Conciliation Act 1996 proviso waiver liberty to apply; Bhadra International (India) Pvt. Ltd. v. Airports Authority of India 2026 SCC Online SC 7; Bombay High Court; Abhay Ahuja, J.; 30 April 2026.
What did the court decide?
Arbitral awards set aside owing to unilateral appointment of the sole arbitrator; Commercial Execution Applications / Execution Applications and connected Interim Applications and Chamber Summons dismissed / disposed; parties permitted to initiate fresh arbitration in accordance with law, with the period from invocation of arbitration till today excluded for limitation; liberty to apply where an express agreement in writing under the proviso to Section 12(5) waived the ineligibility of the sole arbitrator or the right to object under Section 12(5).