Bhayana Builders Pvt. Ltd. v. Oriental Structural Engineers Pvt. Ltd 2025 INSC 1073- S.12(5) Arbitration Act
Arbitration and Conciliation Act 1996 - Section 12(5) ; Fifth Schedule- If a person cannot be appointed an arbitrator being ineligible by operation of law, he cannot nominate another as a sole arbitrator. [Context: In this case, SC held that since managing director of a company would be ineligible for being appointed as an arbitrator in view of Section 12 (5) read with paragraph 5 in the Fifth Schedule to the 1996 Act, he would be ineligible to nominate a sole arbitrator]
Case Info
Case Name and Neutral Citation
- Case Name: Bhayana Builders Pvt. Ltd. v. Oriental Structural Engineers Pvt. Ltd. & Etc.
- Neutral Citation: 2025 INSC 1073
Coram (Judges)
- Coram: Justice Manoj Misra and Justice Ujjal Bhuyan
Judgment Date
- Date of Judgment: August 18, 2025
Caselaws and Citations Referred
- TRF Ltd. vs. Energo Engg. Projects Ltd.
- Citation: (2017) 8 SCC 377
- Central Organization for Railway Electrification (CORE) vs. ECI SPIC SMO MCML (JV) A Joint Venture Company
- Citation: (2025) 4 SCC 641
- Perkins Eastman Architects DPC vs. HSCC (India) Ltd.
- Citation: (2020) 20 SCC 760
Statutes/Laws Referred
- Arbitration and Conciliation Act, 1996
- Section 14(2): Termination of mandate of arbitrator
- Section 12(5): Ineligibility of certain persons to be appointed as arbitrator
- Fifth Schedule: Grounds for ineligibility
If a person cannot be appointed an arbitrator being ineligible by operation of law, he cannot nominate another as a sole arbitrator.#SupremeCourt https://t.co/j8LE7CgfXP pic.twitter.com/cbSakg9hlo
— CiteCase 🇮🇳 (@CiteCase) September 4, 2025
