Hdb Financial Services Limited v. Subodhkumar Pramod Tiwari
Case brief
What is this about?
Unilateral appointment of sole arbitrator; void ab initio; ineligibility raisable at any stage even in execution; Section 12(5) Arbitration and Conciliation Act 1996 and proviso waiver in writing; Commercial Execution Application dismissed; arbitral award set aside; connected Interim Applications and Chamber Summons disposed; liberty to initiate fresh arbitration; limitation exclusion from date of invocation; Bhadra International (India) Pvt. Ltd. v. Airports Authority of India, 2026 SCC Online SC 7; Prothonotary & Senior Master; Bombay High Court OOCJ; Abhay Ahuja, J.
What did the court decide?
Applications dismissed and arbitral awards set aside; parties at liberty to initiate fresh arbitration proceedings with the period from invocation till 06.04.2026 excluded for limitation; liberty to apply where the ineligibility of the sole arbitrator or the right to object under Section 12(5) is expressly waived in writing.