IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
Pune Solapur Expressways Private Limited - Appellant
Versus
National Highway Authority of India - Respondent
O.M.P.(MISC.)(COMM.) 121 of 2021 & I.A. 8995 of 2021
Decided On : 27-07-2021

Extension of Arbitral Tribunal's mandate is permissible under Section 11(6) of the Arbitration and Conciliation Act when both parties consent.

Headnote:(A) Arbitration and Conciliation Act, 1996 - Section 11(6) - Petition for extension of mandate of Arbitral Tribunal - Petition allowed on the basis of consent by the respondent - Mandate of Arbitral Tribunal extended for six months from the date of expiration. (Paras 1-5)

(B) Arbitration - Timely conclusion of proceedings - Importance of timely resolution upheld through mandate extension as agreed by parties.

Facts of the case:
Petition under Section 11(6) of the Arbitration and Conciliation Act submitted for extending the mandate of the Arbitral Tribunal which expired on 19th July 2021, with the respondent’s counsel expressing no objection.

Findings of Court:
The court found it reasonable to permit an extension of six months for the Arbitral Tribunal to conclude proceedings and issue an award.

Issues: The main issue addressed was the extension of the mandate of the Arbitral Tribunal that had expired.

Ratio Decidendi: The court determined that the absence of objection from the respondent and the necessity for resolution justified the extension of the mandate.

Result: Petition allowed.