Aditya Birla Finance Limited v. Chagulu Swain
Case brief
What is this about?
Unilateral appointment of sole arbitrator void ab initio; ineligibility raisable at any stage including execution (following Bhadra International (India) Pvt. Ltd. v. Airports Authority of India, 2026 SCC Online SC 7). Bombay High Court, Abhay Ahuja, J.: batch of Commercial Execution Applications (Serial Nos. 902-1169) dismissed, arbitral awards set aside, connected interim applications and chamber summonses disposed; parties may commence fresh arbitration with limitation protection (period from invocation till order excluded); liberty to apply under proviso to Section 12(5), Arbitration and Conciliation Act 1996 for express written waiver of ineligibility or right to object.
What did the court decide?
No relief to the executing applicants: the Commercial Execution Applications, connected Interim Applications and Chamber Summons stand dismissed/disposed and the respective arbitral awards stand set aside; parties are permitted to initiate fresh arbitration with the period from invocation of arbitration till the date of this order excluded for limitation, and liberty to apply where an express written waiver under the proviso to Section 12(5) exists.