Axis Bank (Formerly Known as Uti Bank Ltd.) v. Mohd. Sharif Rozali Salmani
Case brief
What is this about?
Unilateral appointment of sole arbitrator — void ab initio — ineligibility raisable at any stage, even in execution — Bhadra International (India) Pvt. Ltd. v. Airports Authority of India, 2026 SCC Online SC 7 applied — Bombay High Court batch of Commercial Execution Applications / Execution Applications (Serial Nos. 902 to 1148) — arbitral awards set aside — execution applications, interim applications and chamber summons dismissed / disposed — fresh arbitration permitted — limitation exclusion from date of invocation till order — liberty to apply under proviso to Section 12(5), Arbitration and Conciliation Act, 1996, for express written waiver — Prothonotary & Senior Master finding — Abhay Ahuja, J. — 5 May 2026.
What did the court decide?
Arbitral awards set aside; Commercial Execution Applications / Execution Applications and connected Interim Applications and Chamber Summons dismissed / disposed; parties free to initiate fresh arbitration with the period from invocation till the date of the order excluded for limitation; liberty to apply under the proviso to Section 12(5) where ineligibility is waived in writing.