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DELHI HIGH COURT
SURESH KUMAR KAIT
Ircon International Limited – Appellant
Versus
Hindustan Construction Co. Ltd. – Respondent
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| 1. final disposition and extension of arbitration mandate. (Para 1 , 2 , 8 , 9) |
| 2. extension of arbitral mandate due to covid-19 limitations. (Para 3 , 4 , 5 , 6) |
| 3. no objection from respondents on petition allowance. (Para 7) |
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
The court upheld the extension of the arbitral tribunal's mandate due to judicial suspensions of limitation periods arising from the COVID-19 pandemic, emphasizing adherence to Supreme Court directiv....
The court's decision was influenced by 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 pan....
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 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 has the discretion to extend the mandate of the Arbitral Tribunal in the interest of justice.
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....
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 ....
The court may extend the mandate of an Arbitral Tribunal in the interest of justice, upon joint request of the parties, as provided in the Arbitration and Conciliation Act, 1996.
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