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Bhadra International (India) Pvt. Ltd. & Ors. v. Airports Authority of India

Not available · 2026 INSC 6Decided 5 Jan 2026
Not available
Justice J.B. Pardiwala · Justice K.V. Viswanathan

Background

An arbitration clause let only one party (AAI) appoint the sole arbitrator; years after "Nil" awards were passed, the other side challenged the appointment as invalid under a 2015 law barring conflicted arbitrators.

Decision Breakdown

The Supreme Court held such ineligibility applies regardless of unilateral appointment, and can only be waived by an express written agreement made after the dispute arises: mere participation in hearings doesn't count as waiver, so the objection could validly be raised even at the award-challenge stage.

Lesson Learnt

If a contract lets only one side pick the arbitrator, that appointment is now invalid unless the other party later signs a clear written waiver after the dispute has begun.

Official source (sci.gov.in)View Judgment (PDF)

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