Hdb Financial Services Limited v. Umesh Atmaram Lavande
UNILATERAL APPOINTMENT OF ARBITRATOR – BATCH DISMISSAL
Case brief
What is this about?
Bombay High Court (Abhay Ahuja, J., 10 April 2026), Serial Nos. 902, 904-1136, 1138, 1141, 1144-1149: applications dismissed and respective arbitral awards set aside as the sole arbitrator's appointment was found unilateral, relying on Bhadra International (India) Pvt. Ltd. v. Airports Authority of India, 2026 SCC Online SC 7; Commercial Execution Applications, connected Interim Applications and Chamber Summons dismissed/disposed; fresh arbitration permitted; limitation protected by excluding the period from invocation of arbitration till the order; liberty to apply on express written waiver under proviso to Section 12(5), Arbitration and Conciliation Act, 1996.
What did the court decide?
Parties at liberty to initiate fresh arbitration proceedings in accordance with law; the period from invocation of the arbitration till the date of the order to be excluded for limitation; liberty to apply where an express agreement in writing under the proviso to Section 12(5) waives the ineligibility of the sole arbitrator or the right to object.