Rbsg Capital Pvt. Ltd. v. Mamta Satinder Singh and Anr.
Case brief
What is this about?
Unilateral appointment of sole arbitrator; arbitral awards set aside in execution; Commercial Execution Applications / Execution Applications dismissed; connected interim applications and chamber summons disposed; Bhadra International (India) Pvt. Ltd. vs. Airports Authority of India, 2026 SCC Online SC 7; unilateral appointment void ab initio; ineligibility raisable at any stage even in execution; Section 12(5) Arbitration and Conciliation Act 1996; proviso waiver by express agreement in writing; fresh arbitration proceedings; exclusion of limitation period from invocation till order date; Prothonotary & Senior Master; Bombay High Court; Abhay Ahuja; batch order Serial Nos. 901-903 and 905-1150.
What did the court decide?
Respective arbitral awards set aside; Commercial Execution Applications / Execution Applications, connected Interim Applications and Chamber Summons (if any) dismissed / disposed; parties free to initiate fresh arbitration in accordance with law with the period from invocation of arbitration till the date of the order excluded for limitation; liberty to apply where an express written agreement under the proviso to Section 12(5) waives the sole arbitrator's ineligibility or the right to object.