Axis Bank (Formerly Known as Uti Bank Ltd) v. Manoj B. Gaikwad
Case brief
What is this about?
Unilateral appointment of sole arbitrator; arbitral award set aside in execution; Commercial Execution Applications dismissed by Bombay High Court following Bhadra International (India) Pvt. Ltd. v. Airports Authority of India, 2026 SCC Online SC 7; Section 12(5) proviso waiver, Arbitration and Conciliation Act 1996; fresh arbitration permitted; limitation exclusion from invocation till order; Prothonotary & Senior Master finding; Abhay Ahuja, J.
What did the court decide?
Commercial Execution Applications dismissed and arbitral awards set aside; parties left open to initiate fresh arbitration proceedings in accordance with law, with the period from invocation of arbitration till the date of the order excluded for limitation, and liberty to apply where an express written agreement under the proviso to Section 12(5) waives the ineligibility.