Indusind Bank Ltd. v. Jayco Global Private Limited and Anr.
Case brief
What is this about?
Unilateral appointment of sole arbitrator void ab initio; ineligibility raisable at any stage including execution; Bhadra International (India) Pvt. Ltd. v. Airports Authority of India 2026 SCC Online SC 7 relied upon; arbitral awards set aside in execution; Commercial Execution Applications dismissed / disposed; interim applications and chamber sumsmons disposed; Prothonotary & Senior Master finding; fresh arbitration permissible; limitation exclusion from invocation till order; liberty to apply; proviso to Section 12(5) Arbitration and Conciliation Act 1996 waiver of ineligibility; Bombay High Court OOCJ; Abhay Ahuja J.; 16 April 2026.
What did the court decide?
Arbitral awards set aside; Commercial Execution Applications together with connected Interim Applications and any Chamber Summons dismissed / disposed; parties permitted to initiate fresh arbitration with the period from invocation of arbitration till the date of order excluded for limitation; liberty to apply where an express written waiver under the proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996 exists.