Kotak Mahindra Prime Ltd. v. Vaishnavi Tours and Travels and 2 Ors.
Arbitration and Conciliation Act, 1996 – Section 12(5) – Unilateral appointment of sole arbitrator
Case brief
What is this about?
Bombay High Court, Abhay Ahuja J., order dated 17th April 2026 in Serial Nos. 901-942, 944-1132, 1138, 1141 and 1145 (Commercial Execution / Execution Applications): following the Supreme Court decision in Bhadra International (India) Pvt. Ltd. v. Airports Authority of India, 2026 SCC Online SC 7 (unilateral appointment of arbitrator void ab initio; ineligibility raisable at any stage, even in execution), and on the finding of the office of the Prothonotary & Senior Master that the sole arbitrator's appointment was unilateral, the arbitral awards were set aside and the execution applications with connected interim applications and chamber summons were dismissed / disposed; liberty to initiate fresh arbitration; limitation exclusion for the period from invocation of arbitration till the order date; liberty to apply on waiver under the proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996. Keywords: unilateral appointment of arbitrator; void ab initio; Section 12(5) waiver; arbitral award set aside; execution application dismissed; fresh arbitration; limitation exclusion; Prothonotary & Senior Master.