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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SOMASEKHAR SUNDARESAN
Chenab Bridge Project Undertaking – Appellant
Versus
Konkan Railway Corporation Limited – Respondent
| Table of Content |
|---|
| 1. the background context of the arbitration proceedings is pivotal. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. challenges to the tribunal's mandate and arguments on procedural grounds are explored. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 3. court's jurisdiction under section 29-a reinforced. (Para 15 , 18 , 19) |
| 4. final decision to extend the sat's mandate based on joint agreement. (Para 24 , 25 , 27 , 29 , 31) |
JUDGMENT :
SOMASEKHAR SUNDARESAN, J
Context and Background:
1. These Petitions are essentially applications under Section 29-A of the Arbitration and Conciliation Act, 1996 (“the Act”) seeking an extension of mandate of the Arbitral Tribunal, which is said to have expired on March 1, 2024. The extension sought is for until December 31, 2026.
2. It would be important to record some background to the nature of the multiple references to arbitration that form subject matter of these Petitions, since the factual matrix is unique.
3. The parties have executed a contract dated November 24, 2004 (“Contract”) governing the design and construction of a special rail bridge across the river Chenab on the Katra-Laole Section of the Udhampur-Srinagar-Baramulla Rail Link Project. The Contr
The court emphasized that under Section 29-A of the Act, an extension of the arbitral tribunal's mandate is justified where undue delay is not established.
Court extends arbitrator's mandate under Section 29A(5) for sufficient cause including clerical errors, procedural delays, pandemic effects not attributable to parties, ensuring logical conclusion of....
Extension of Sole Arbitrator's mandate under the Arbitration Act requires sufficient cause, unaffected by procedural misconduct by arbitrator, especially when delays arise from the respondent's actio....
Court extends arbitrator's mandate post-termination under Section 29A(5) for sufficient cause like procedural and administrative delays not attributable to petitioner, ensuring practical, expeditious....
The court ruled that arbitration mandates may be extended due to administrative delays not attributable to the parties, affirming the need for the timely resolution of disputes while preventing preju....
Court may extend arbitrator's mandate under Section 29A(4),(5) post-termination for sufficient cause not attributable to petitioners, prioritizing pragmatic and effective arbitral conclusion.
Sub-section (4) of Section 29A deals with cases where award is not made within a period of twelve months from date of completion of pleadings.
The court ruled that extensions of time for arbitral proceedings are warranted when delays are not attributable to the parties, prioritizing efficiency and justice in the arbitration process.
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