Validity of Pre-2015 Unilateral Arbitrator Appointments and the Powers of Executing Courts
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Case: S E INVESTMENTS LTD (NOW KNOWN AS PAISALO DIGITAL LIMITED) v. MAPLE COMPOSITE CONTAIERS LIMITED (Through its directors)
Court: Bombay High Court
Date: 04-08-2026
Law: Arbitration and Conciliation Act.
Highlights of the Judgment:
- Detailed examination of whether pre-2015 unilateral arbitrator appointments are rendered void ab initio post the Bhadra International ruling.
- Interpretation of the prospective applicability of Section 12(5) and the Seventh Schedule of the Arbitration and Conciliation Act, 1996.
- Differentiation between three distinct categories of unilateral appointments and their validity under Indian arbitration jurisprudence.
- Analysis of the powers and limitations of an Executing Court when evaluating challenges to arbitral awards based on arbitrator ineligibility.
- Application of waiver and estoppel principles under Section 4 for failing to challenge tribunal constitution at the earliest instance.