Delhi High Court Sets Aside Arbitral Award for Unilateral Appointment of Arbitrator

Case Snapshot

• Case Name: MBL Infrastructure Ltd. v. Government of NCT of Delhi

• Citation: O.M.P. (COMM) 135/2023 & connected matters (2026:DHC:6967)

• High Court: High Court of Delhi

• Bench: Hon'ble Mr. Justice Avneesh Jhingan

• Date of Judgment: 20th August, 2026

• Area of Law: Arbitration, Unilateral Appointment, Section 12(5), Waiver

Judgment Headline

Court sets aside arbitral award as unilateral appointment of arbitrator violated Section 12(5) without express waiver.

The Judgment in One Line

Delhi High Court set aside an arbitral award as the sole arbitrator was unilaterally appointed in violation of Section 12(5), with no express waiver in writing.

Why This Judgment Matters

This landmark judgment reinforces that unilateral appointment of an arbitrator is void ab initio under Section 12(5) of the Arbitration Act. It clarifies that waiver of ineligibility under t

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