Cholamandalam Investment and Finance Co. Ltd. v. Sayyed Tariqulhaque Naqvi
Case brief
What is this about?
Batch of execution applications where the sole arbitrator's appointment was unilateral. Relying on a Supreme Court decision holding unilateral appointments void ab initio, the court set aside the awards, dismissed or disposed of the applications, permitted fresh arbitration with limitation exclusion and liberty to apply where waiver existed.
What did the court decide?
Awards set aside; execution applications dismissed/disposed; fresh arbitration allowed with limitation exclusion from invocation to date; liberty to apply on express Section 12(5) waiver.