Axis Bank Ltd. v. Jignesh Omprakash Vyas
Case brief
What is this about?
Unilateral appointment of sole arbitrator; arbitral award set aside in execution; Bhadra International (India) Pvt. Ltd. v. Airports Authority of India, 2026 SCC Online SC 7, followed; appointment void ab initio; ineligibility can be raised at any stage and even in execution; Commercial Execution Applications and Execution Applications dismissed; connected interim applications and chamber summons disposed; Prothonotary & Senior Master finding; fresh arbitration permitted; limitation exclusion from invocation of arbitration till date of order; proviso to Section 12(5), Arbitration and Conciliation Act 1996; waiver of ineligibility by express agreement in writing; Bombay High Court OOCJ; Abhay Ahuja, J.
What did the court decide?
Arbitral awards set aside; Commercial Execution Applications / Execution Applications and connected Interim Applications and Chamber Summons dismissed / disposed; parties at liberty to initiate fresh arbitration in accordance with law, with the period from the invocation of the arbitration till today excluded for limitation; liberty to apply under the proviso to Section 12(5) where the ineligibility of the sole arbitrator or the right to object is waived by express agreement in writing.