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ABHAY S. OKA, UJJAL BHUYAN
Chief Engineer (NH) PWD (Roads) – Appellant
Versus
BSC & C and C JV – Respondent
| Table of Content |
|---|
| 1. court's authority under section 29a of arbitration act (Para 2 , 3 , 4) |
| 2. dismissal of special leave petition (Para 5) |
JUDGMENT :
Heard the learned senior counsel appearing for the petitioner.
(1) The award in matters other than international commercial arbitration shall be made by the arbitral tribunal within a period of twelve months from the date of completion of pleadings under sub-section (4) of section 23.
Provided that the award in the matter of international commercial arbitration may be made as expeditiously as possible and endeavour may be made to dispose off the matter within a period of twelve months from the date of completion of pleadings under sub-section (4) of section 23.
(2) If the award is made within a period of six months from the date the arbitral tribunal enters upon the reference, the arbitral tribunal shall be entitled to receive such amount of additional fees as the parties may agree.
(3) The parties may, by consent, extend the period specified in sub-section (1) for making award for a further period not exceeding six months.
(4) If the award is not made within the period specified in sub-section (1) or the
Jurisdiction under Section 29A of the Arbitration Act to extend award deadlines or substitute arbitrators is limited to courts with original civil jurisdiction; absent this, petitions lack merit.
The main legal point established in the judgment is the court's authority to grant an extension of time for the conclusion of arbitration proceedings under Section 29-A(5) of the Arbitration and Conc....
The main legal point established in the judgment is that the court has the discretion to grant an extension of time for passing the arbitral award under the provisions of Section 29-A of the Arbitrat....
The main legal point established in the judgment is the court's discretion to grant an extension of time for the learned Arbitrator to conclude the arbitration proceedings, taking into account except....
(1) Extension of mandate of Arbitrator(s) – Application under Section 29A(5) for extension of mandate of Arbitrator is maintainable even after expiry of time under Sections 29A(1) and (3) and even af....
The importance of time-bound completion of proceedings under Section 29A of the Arbitration and Conciliation Act, 1996, and the public policy of India in ensuring expeditious and effective disposal o....
(1) Arbitral award – Application for extension of time period for passing arbitral award under Section 29A(4) read with Section 29A(5) of Arbitration and Conciliation Act, 1996 is maintainable even a....
The court held that the mandate of an arbitrator can be extended for sufficient cause, emphasizing that procedural delays should not prejudice the parties involved in arbitration.
The court can extend the mandate of arbitrators under Section 29A(5) after an award is rendered, even if done post statutory timeline, reinforcing the integrity of the arbitration process.
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