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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Ircon International Limited - Appellant
Versus
Hindustan Construction Co. Ltd. - Respondent
O.M.P.(Misc.)(Comm.) 170/2021
Decided On : 24-11-2021
Arbitration - Extension of Arbitral Tribunal's Mandate - The court extended the mandate of the arbitral tribunal for a period of one year due to the suspension of the limitation period for all proceedings during the COVID-19 pandemic, as directed by the Supreme Court of India.
Fact of the Case:
The petitioner filed a petition seeking extension of the mandate of the arbitral tribunal due to the unfortunate demise of a member and the suspension of the limitation period for all proceedings during the COVID-19 pandemic.
Finding of the Court:
The court found that the recent directions of the Supreme Court of India regarding the exclusion and restoration of the limitation period justified the extension of the arbitral tribunal's mandate.
Issues: Extension of Arbitral Tribunal's Mandate
Ratio Decidendi: The court extended the mandate of the arbitral tribunal based on the recent directions of the Supreme Court of India regarding the exclusion and restoration of the limitation period for all proceedings during the COVID-19 pandemic.
Final Decision: The court extended the mandate of the arbitral tribunal for a period of one year, disposing of the petition.
JUDGMENT
(Oral)
IA No. 15212/2021 (exemption)
1. Allowed with direction to file typed/dim/original/certified copy of documents within six weeks of this order.
2. Application is disposed of.
O.M.P.(MISC.)(COMM.) 170/2021
3. The present petition under Section 29 A (4) of the Arbitration and Conciliation Act, 1996 has been filed seeking extension of mandate of the arbitral tribunal adjudicating the disputes between the parties.
4. Learned counsel for the petitioner has contended that learned Arbitral Tribunal was constituted on 06.02.2018 comprising of Hon'ble Mr. Justice S. S. Nijjar (Retd.) (Presiding arbitrator), Mr. Suresh Kumar and Mr. M Ravindra, however, due to unfortunate demise of Mr. Justice S.S. Nijjar (Retd.), the arbitral tribunal was reconstituted with the members Hon'ble Justice Ms. Indu Malhotra (Retd.) (Presiding arbitrator), Mr. Suresh Kumar and Mr. M Ravindra.
5. Learned counsel for the petitioner has further pointed out that the limitation period for passing the award expired on 06.05.2020, however, in March 2020, after the outbreak of COVID-19 pandemic, the Hon’ble Supreme Court of India in Suo Motu Writ petition (Civil) No.3 of 2020, in Ref: Cognizance for extension of Limitation vide order dated 23.03.2020 suspended the limitation period for all proceedings before the Courts/ Tribunals w.e.f.15.03.2020. Certainly, after reduction in the cases of COVID-19, the Hon’ble Supreme Court of India has recently directed that the limitation period from 15.03.2020 till 02.10.2021, shall remain excluded and the same shall be restored w.e.f. 03.10.2021.
6. Learned counsel appearing on behalf of the parties submit that in view of the abovementioned recent directions of the Hon’ble Supreme Court of India, the mandate of the learned Arbitral Tribunal shall expire on 02.01.2022.
7. Mr. Rishi Agrawala, learned counsel appearing on behalf of the respondent submits that as the arbitral proceedings are at the stage of filing of documents and recording of ex parte evidence, thus, he has no objection if the present petition is allowed.
8. In view of the reasons stated in the present petition and submission of learned counsel for the parties, I hereby extend the mandate of learned arbitrator tribunal comprising of Hon'ble Justice Ms. Indu Malhotra (Retd.) (Presiding arbitrator), Mr Suresh Kumar and Mr. M Ravindra for a period of one year i.e. upto 03.01.2023.
9. With aforesaid, the present petition is disposed of.
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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 recognized that external factors such as the Covid pandemic can justify the extension of an arbitral tribunal's mandate under Section 29 A (5) of the Arbitration and Conciliation Act, 1996.
The court allowed the extension of time to conclude the arbitration proceedings due to the delay caused by the COVID-19 pandemic and the subsequent orders passed by the Supreme Court extending the pe....
The court has the discretion to extend the mandate of the Arbitral Tribunal in the interest of justice.
The court affirmed that extraordinary circumstances, such as a pandemic, can justify extending the mandate of an arbitral tribunal under Section 29 A(4) of the Arbitration and Conciliation Act, 1996.
Corona Pandemic – Post Lockdown – In computing period of limitation for any suit, appeal, application or proceeding, period from 15.03.2020 till 14.03.2021 shall stand excluded and balance period of ....
Extension of Arbitral Tribunal's mandate is permissible under Section 11(6) of the Arbitration and Conciliation Act when both parties consent.
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