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SURESH KUMAR KAIT
Icetrail Logistics Pvt. Ltd. – Appellant
Versus
Kuehne+ Nagel Pvt. Ltd – Respondent
JUDGMENT
Suresh Kumar Kait, J. - The present petition has been filed jointly by the parties under Sections 29A (4) and (5) of the Arbitration and Conciliation Act, 1996 seeking extension of mandate of the Arbitral Tribunal for an additional period of three months from 30.11.2021 till 28.02.2022 for passing of Arbitral Award.
2. As per averments made in the present petition, vide order dated 11.10.2018 passed by this Court in Arb. P. 525/2018, Sole Arbitrator was appointed. Mandate of Arbitral Tribunal got expired on 01.12.2020 and thereafter, vide order dated 23.12.2020 passed by this Court in OMP (Misc.) (Comm.) 303/2020 time period for passing the Arbitral Award was extended till 31.05.2021. Subsequently, again vide order dated 02.06.2021 in OMP (Misc.) (Comm.) 105/2021,this Court extended the time for passing Arbitral Award till 30.11.2021.
3. Learned counsel for parties jointly submit that they have filed their respective written submissions before the learned Arbitral Tribunal on 31.08.2021 and are awaiting passing of Arbitral Award and pray for further extension of mandate of the Arbitral Tribunal as it had expired on 30.11.2021.
4. In view of the reasons stated in the present pe
The court has the discretion to extend the mandate of the Arbitral Tribunal in the interest of justice.
The court may extend the mandate of an Arbitral Tribunal in the interest of justice, upon joint request of the parties, as provided in the Arbitration and Conciliation Act, 1996.
Extension of Arbitral Tribunal's mandate is permissible under Section 11(6) of the Arbitration and Conciliation Act when both parties consent.
The court upheld the extension of the arbitral tribunal's mandate under Section 29 A of the Arbitration and Conciliation Act, ensuring resolution of disputes while considering previous procedural del....
The court can extend the mandate of an Arbitral Tribunal under Section 29A(6) when there are no objections from the parties involved.
Section 29A(6) of the Arbitration & Conciliation Act, 1996 allows for the extension of the arbitrator's mandate upon joint application of the parties.
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 extended the mandate of the Arbitral Tribunal for 18 months due to lack of objection from the respondent's counsel regarding ongoing arbitration disputes.
The court permitted a six-month extension of the arbitrator's mandate based on a joint application from both parties under the Arbitration and Conciliation Act, 1996.
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