M/s. Kotak Mahindra Bank Limited v. Akquasun Holidays Pvt. Ltd. and 2 Ors.
Case brief
What is this about?
Unilateral appointment of sole arbitrator; arbitrator ineligible; appointment void ab initio; ineligibility raised at any stage including execution; arbitral award set aside; execution application dismissed; commercial execution application; interim application; chamber sumsmons disposed; fresh arbitration permitted; limitation exclusion from invocation till order date; proviso to Section 12(5) Arbitration and Conciliation Act 1996; express written agreement waiving ineligibility; liberty to apply; Bhadra International (India) Pvt. Ltd. vs. Airports Authority of India 2026 SCC Online SC 7 applied; High Court of Judicature at Bombay OOCJ; Abhay Ahuja J. Relevant to consequences of the Supreme Court's ruling on unilateral arbitrator appointments for pending execution proceedings, and to computation of limitation for fresh arbitration after an invalidly appointed arbitrator.
What did the court decide?
Respective arbitral awards set aside; Commercial Execution Applications / Execution Applications and the connected Interim Applications and Chamber Summons (if any) stand dismissed / disposed; parties free to initiate fresh arbitration in accordance with law; period from invocation of arbitration till the date of the order excluded for limitation; liberty to apply where an express written agreement waiving ineligibility / right to object under the proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996 exists.