#award set aside

A Delhi High Court set aside a 2022 award, declaring it a nullity because the sole arbitrator had been appointed solely by one party without an express written waiver of the ineligibility bar under Section 12(5) of the Arbitration Act. The ruling makes clear that any such unilateral appointment invalidates the award, affecting parties relying on sole arbitrator clauses.

The Delhi High Court partially vacated the NHAI-Louis Berger award, finding that the tribunal’s grant of operation-and-maintenance relief exceeded the matters arbitrable under the contract and breached the equal-treatment rule of Section 18. The construction-payment portion of the award remains intact, signalling that arbitral tribunals cannot extend relief beyond the defined scope in infrastructure consultancy disputes.