Fedbank Financial Services Limited v. N D Broiler
Case brief
What is this about?
Unilateral appointment of sole arbitrator; arbitral awards set aside at execution stage; Bhadra International (India) Pvt. Ltd. v. Airports Authority of India, 2026 SCC Online SC 7 (Supreme Court) relied on - unilateral appointment void ab initio, ineligibility raisable at any stage including execution; Section 12(5) Arbitration and Conciliation Act 1996 and its proviso (express written waiver); fresh arbitration permitted; limitation exclusion from date of invocation till order; Commercial Execution Applications / Execution Applications dismissed / disposed with connected interim applications and chamber summons; Prothonotary & Senior Master; Bombay High Court, Ordinary Original Civil Jurisdiction; Abhay Ahuja, J.; 28 April 2026.
What did the court decide?
Arbitral awards set aside; Commercial Execution Applications / Execution Applications and connected Interim Applications and Chamber Summons, if any, dismissed / disposed; parties at liberty to initiate fresh arbitration in accordance with law; period from invocation of arbitration till 28 April 2026 excluded for limitation; liberty to apply where an express written waiver under the proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996 exists