Aditya Birla Finance Limited v. Subham Pandey
Case brief
What is this about?
Unilateral appointment of sole arbitrator void ab initio; ineligibility raisable at any stage even in execution; arbitral awards set aside; Commercial Execution Applications dismissed; connected Interim Applications and Chamber Summons 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 of ineligibility; fresh arbitration permitted; limitation exclusion from invocation till today; Prothonotary & Senior Master finding; Bombay High Court OOCJ; Abhay Ahuja, J.
What did the court decide?
Applications dismissed and arbitral awards set aside; parties permitted to initiate fresh arbitration in accordance with law with the period from invocation of arbitration till today excluded for limitation; liberty to apply where an express written agreement under the proviso to Section 12(5) waived the sole arbitrator's ineligibility or the right to object under Section 12(5).