Au Small Finance Bank Limited v. Siraj Tours and Travels
Case brief
What is this about?
unilateral appointment of sole arbitrator void ab initio; arbitrator ineligibility raised at any stage even in execution; arbitral awards set aside; Commercial Execution Applications dismissed/disposed; Bhadra International (India) Pvt. Ltd. vs. Airports Authority of India, 2026 SCC Online SC 7, applied; Section 12(5) Arbitration and Conciliation Act 1996; proviso waiver by express agreement in writing; fresh arbitration permitted; limitation exclusion from invocation of arbitration till order; Prothonotary & Senior Master; Bombay High Court Ordinary Original Civil Jurisdiction; Abhay Ahuja J.; 16 April 2026; Serial Nos. 901-1149.
What did the court decide?
No executing relief to the applicants: the arbitral awards stand set aside and the Commercial Execution Applications with connected Interim Applications and Chamber Summons stand dismissed/disposed; parties free to initiate fresh arbitration with the limitation period from invocation till the date of the order excluded; liberty to apply where an express written agreement under the proviso to Section 12(5) waives the ineligibility.