Kotak Mahindra Bank Ltd. v. Bharat Sunil Vaze
Case brief
What is this about?
Unilateral appointment of sole arbitrator; arbitral awards set aside at execution stage relying on Bhadra International (India) Pvt. Ltd. and Others v. Airports Authority of India, 2026 SCC Online SC 7; Commercial Execution Applications dismissed/disposed; fresh arbitration permitted with limitation exclusion from invocation; liberty to apply under proviso to Section 12(5) Arbitration and Conciliation Act 1996 waiver; Bombay High Court OO CJ; Abhay Ahuja; batch Serial Nos. 901 to 1152.
What did the court decide?
Respective arbitral awards set aside; Commercial Execution Applications and connected interim applications dismissed and any chamber summons disposed; parties permitted to initiate fresh arbitration proceedings in accordance with law; limitation period from the invocation of the arbitration till the date of this decision excluded; liberty to apply where an express written agreement under the proviso to Section 12(5) waives the arbitrator's ineligibility or the right to object.