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SURESH KUMAR KAIT
Rail Vikas Nigam Ltd. – Appellant
Versus
Simplex Infrastructures Ltd. – Respondent
JUDGMENT
(Oral)
1. The present petition filed under Section 29 A(4) & (5) of the Arbitration and Conciliation Act, 1996 has been filed seeking extension of mandate of the arbitral tribunal adjudicating the disputes between the parties.
2. Pertinently, petitioner is a public sector enterprise under the Ministry of Railways of the Indian Government, who had entered into a contract for “Construction of Viaduct including related works for 4.78 Kms excluding the station area from Ch.(-)1250 to Ch.4128 between Joka to Behala Chowrasta including approach at Joka-Package 1” with respondent on 28.01.2011. However, certain disputes arose between the parties, consequent thereto, respondent invoked arbitration and the Arbitral Tribunal was constituted on 28.12.2018.
3. It is averred on behalf of petitioner that the statutory time limit of one year for passing the Arbitral expired on 28.12.2019 and consequently, with the consent of both the sides on 09.01.2020, it stood extended for further six months i.e. till 28.06.2020.However, due to Covid pandemic, the hearings had to be deferred and thereby, the Arbitral Tribunal stood extended till 31.10.2020; 31.12.2020 and 30.04.2021.
4. Learned counsel for
The court has the discretion to extend the mandate of the Arbitral Tribunal based on the circumstances, such as the impact of the Covid pandemic and the complexities of the case.
The court affirmed that under the Arbitration and Conciliation Act, extensions of time for the arbitral tribunal are valid and can occur through mutual consent in exceptional circumstances.
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.
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 upheld the extension of the arbitral tribunal's mandate to allow for proper resolution of disputes, supporting procedural fairness in arbitration.
Court may extend the mandate of an arbitral tribunal under justifiable circumstances, such as delays caused by external factors like pandemics, especially when there is no opposition from the other p....
The court has the discretion to extend the mandate of an arbitral tribunal based on the circumstances of the case, including the conclusion of proceedings and arguments before the tribunal.
Extension of Arbitral Tribunal's mandate is permissible under Section 11(6) of the Arbitration and Conciliation Act when both parties consent.
The court can extend the mandate of an Arbitral Tribunal under Section 29A(6) when there are no objections from the parties involved.
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