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MOUSHUMI BHATTACHARYA
Praxair India Pvt. Ltd. – Appellant
Versus
Steel Authority of India Ltd. – Respondent
JUDGMENT :
Moushumi Bhattacharya, J.
1. This is a composite application for extension of the mandate of the arbitral tribunal under section 29A (4) and (5) of The Arbitration and Conciliation Act, 1996 and for exclusion of the time period from 14.07.2023 to 10.01.2024 for the purpose of determining whether the application has been made within the prescribed period under the 1996 Act.
2. The significance of these dates would be clear from the facts narrated after this. The parties have not disputed the dates.
3. The petitioner is the claimant in the arbitration. The mandate of the tribunal was extended by the consent of parties under section 29A(3) for six months till 14.07.2023. The order recording the consent given by the respondent under section 29A(3) is part of records. The order passed by the arbitral tribunal on 16.01.2023 records the respondent’s consent to extension of the mandate under section 29A(3) of the Act. The next order of the arbitral tribunal dated 1.05.2023 records the stand taken by the parties in the matter of filing an application before the appropriate forum for extension of the mandate.
4. The petitioner made an application before the Ld. District Judge, Asansol
The Court established the applicability of section 14 of the Limitation Act, 1963 to The Arbitration and Conciliation Act, 1996, and affirmed its jurisdiction to extend the arbitral tribunal's mandat....
The court's power to extend an arbitrator's mandate under Section 29-A is not limited by the timing of the application, allowing for extensions even after termination.
(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 court clarified that the power to extend the mandate of the arbitrator under Section 29A(4) of the Arbitration and Conciliation Act can be exercised even after the expiry of the specified period,....
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....
The High Court has exclusive authority to extend the mandate of an arbitrator appointed under Section 11 of the Arbitration & Conciliation Act, 1996, regardless of the pecuniary value of the claim.
The Court may extend the mandate of an arbitral tribunal even without consent from all parties if justified by sufficient cause, emphasizing the importance of continuity in arbitration proceedings.
The main legal point established in the judgment is that the petitioner's recourse for appointment of a substitute arbitrator lies through Section 15 of The Arbitration and Conciliation Act, 1996, on....
The requirement of consent of the parties for extension of mandate under Section 29A(3) does not apply to Section 29A(4) and (5). The power to extend the period specified in Section 29A(1) or the ext....
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