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DELHI HIGH COURT
C.HARI SHANKAR
Hindustan Construction Company Limited – Appellant
Versus
Ircon International Limited – Respondent
| Table of Content |
|---|
| 1. final disposition of the petition. (Para 1 , 2 , 10) |
| 2. petition for extension of arbitral mandate. (Para 3) |
| 3. discussion on request for refresher hearing. (Para 4 , 6 , 7) |
| 4. court's rationale on urgency of award pronouncement. (Para 5 , 8) |
| 5. extension of mandate granted for three months. (Para 9) |
(Video-Conferencing)
IA 3279/2021 (Section 151 CPC for condonation of delay)
1. For the reasons stated in the application, delay is condoned.
2. The application stands disposed of.
O.M.P.(MISC.)(COMM.) 36/2021
3. This is a petition under Section 29A(5) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "1996 Act"), seeking extension of the mandate of the learned Arbitral Tribunal to adjudicate on the disputes between the parties. The mandate expired on 4th February, 2021.
4. Mr. Wadhwa, learned Senior Counsel for the petitioner, draws my attention to the email dated 18th January, 2021, from the learned Presiding Arbitrator, which reads thus:
"From: Badar Ahmed
Sent: 18 January 2021 12:18
To: NAIK Gurudas/CONTRACTS & CLAIMS/H.O.
The court upheld the extension of the Arbitral Tribunal's mandate under Section 29A(5) of the Arbitration and Conciliation Act, permitting additional time for award finalization.
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.
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.
Extension of arbitration proceedings under the Arbitration and Conciliation Act can be granted when both parties consent, ensuring completion in a timely manner.
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 under Section 29 A of the Arbitration and Conciliation Act, ensuring resolution of disputes while considering previous procedural del....
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 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.
The court upheld the extension of the arbitral tribunal's mandate to allow for proper resolution of disputes, supporting procedural fairness in arbitration.
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