Axis Bank (Formerly Known as Uti Bank Ltd) v. Mishra Vikas Rajkumar
Case brief
What is this about?
Unilateral appointment of arbitrator void ab initio; sole arbitrator ineligibility raised in execution; arbitral awards set aside; Commercial Execution Applications / Execution Applications dismissed and disposed; Interim Applications; Chamber Summons; Bhadra International (India) Pvt. Ltd. vs. Airports Authority of India, 2026 SCC Online SC 7; Section 12(5) Arbitration and Conciliation Act 1996; proviso waiver of ineligibility; fresh arbitration permitted; limitation exclusion from invocation till order date; Bombay High Court; Abhay Ahuja, J.; 5 May 2026; no counsel appeared for the parties.
What did the court decide?
Respective arbitral awards stand set aside; Commercial Execution Applications / Execution Applications and connected Interim Applications and Chamber Summons, if any, stand dismissed / disposed; parties may initiate fresh arbitration proceedings in accordance with law; the period from invocation of arbitration till the decision date is excluded for limitation; liberty to apply where an express agreement in writing under the proviso to Section 12(5), Arbitration and Conciliation Act, 1996, waives the ineligibility or right to object.