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IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
Future Uday Communications Pvt. Ltd. - Appellant
Versus
Amit Srivastava - Respondent
O.M.P.(MISC.)(COMM.) 127 of 2021, I.A. 9856 of 2021
Decided On : 01-09-2021
Important Points
The court can extend the mandate of an Arbitral Tribunal under Section 29A(6) when there are no objections from the parties involved.
Subject
Arbitration - Mandate Extension
Headnote
(A) Arbitration and Conciliation Act, 1996 - Section 29A(6) - Extension of mandate of Arbitral Tribunal - Petition filed seeking extension of the mandate which expired on 3rd August, 2021 - Respondent's counsel present and does not object - Mandate extended by six months from the date of the order. (Paras 1-3)
(B) Judicial Economy - The court emphasizes the importance of timely resolution of disputes and the importance of extending mandates where necessary to ensure justice is served. (Para 2)
Facts of the case:
The petition was submitted for extending the mandate of the Arbitral Tribunal after it expired on 3rd August, 2021, with no objections from the respondent's counsel.
Findings of Court:
The mandate of the Arbitral Tribunal stands extended for six months from the date of the order.
Issues: The primary issue was whether to grant an extension of the arbitral mandate, which had expired.
Ratio Decidendi: The court ruled that extensions to arbitral mandates can be granted when there is no objection from parties involved, thereby allowing for continued proceedings and reflecting a commitment to judicial economy.
Result: The petition stands disposed of with the mandate extended.
(B) Judicial Economy - The court emphasizes the importance of timely resolution of disputes and the importance of extending mandates where necessary to ensure justice is served. (Para 2)
Facts of the case:
The petition was submitted for extending the mandate of the Arbitral Tribunal after it expired on 3rd August, 2021, with no objections from the respondent's counsel.
Findings of Court:
The mandate of the Arbitral Tribunal stands extended for six months from the date of the order.
Issues: The primary issue was whether to grant an extension of the arbitral mandate, which had expired.
Ratio Decidendi: The court ruled that extensions to arbitral mandates can be granted when there is no objection from parties involved, thereby allowing for continued proceedings and reflecting a commitment to judicial economy.
Result: The petition stands disposed of with the mandate extended.
| Table of Content |
|---|
| 1. arbitration mandate extension request. (Para 1) |
| 2. respondent's non-objection noted. (Para 2) |
| 3. mandate extended; petition disposed. (Para 3 , 4) |
ORDER (Oral)
(Video Conferencing)
1. This is a petition under Section 29A(6) of the Arbitration and Conciliation Act, 1996, seeking extension of the mandate of the learned Arbitral Tribunal, which is stated to have expired on 3rd August, 2021.
2. Learned counsel for the respondent, who is present, has no objection.
3. As such, the mandate of the learned Arbitral Tribunal stands extended by a period of six months from today.
4. The petition stands disposed of accordingly.
