Aditya Birla Capital Limited v. Aslam Electrical Works
Arbitration – Unilateral appointment of sole arbitrator
Case brief
What is this about?
Bombay High Court, Ordinary Original Civil Jurisdiction; Abhay Ahuja, J.; decided 28 April 2026; Serial Nos. 47-50, 52, 56, 61, 63-65, 67 & 68 (Commercial Execution Applications/Execution Applications). Arbitral awards set aside on the ground of unilateral appointment of the sole arbitrator, the Court acting on the Supreme Court decision in Bhadra International (India) Pvt. Ltd. v. Airports Authority of India, 2026 SCC Online SC 7; execution applications and connected interim applications dismissed/disposed; liberty to initiate fresh arbitration; limitation exclusion for the period from invocation of arbitration till the date of the order. Counsel: Ms. Vedika Pedhambkar i/b Akhil Modi & Associates for Applicants; none for Respondents. Keywords: unilateral appointment of arbitrator; setting aside arbitral award in execution; fresh arbitration; limitation exclusion.
What did the court decide?
Arbitral awards set aside; Commercial Execution Applications/Execution Applications and connected Interim Applications (if any) dismissed/disposed; parties at liberty to initiate fresh arbitration proceedings in accordance with law; period from invocation of arbitration till the date of the order excluded for limitation in fresh proceedings.