SBI Cards and Payment Services Limited v. Nilesh Kolte
Arbitration – Unilateral appointment of sole arbitrator
Case brief
What is this about?
Bombay HC batch order (Abhay Ahuja, J., 07-04-2026) dismissing Commercial Execution Applications (Serial Nos. 901–1063, 1065–1150) and setting aside the respective arbitral awards where the sole arbitrator's appointment was found unilateral, applying Bhadra International (India) Pvt. Ltd. v. Airports Authority of India, 2026 SCC Online SC 7 (unilateral appointment void ab initio; objection raisable at any stage, even in execution); liberty to initiate fresh arbitration; limitation exclusion from date of invocation till the order; liberty to apply on express written waiver under proviso to Section 12(5), Arbitration and Conciliation Act, 1996. Keywords: unilateral appointment of arbitrator, void ab initio, set aside arbitral award, execution application, Section 12(5) waiver, fresh arbitration, limitation exclusion.
What did the court decide?
No relief to the applicants: the respective arbitral awards stand set aside and the Commercial Execution Applications, connected Interim Applications and Chamber Summons stand dismissed/disposed; parties have liberty to initiate fresh arbitration with the invocation-to-date period excluded for limitation, and liberty to apply where Section 12(5) ineligibility is waived by express written agreement.