JUDGMENT

1. Leave granted.

I. Question of Law

The following question of law has arisen for our consideration.

Whether a Court can entertain an application under Section 29A (5) of the Arbitration and Conciliation Act, 1996 to extend the mandate of the arbitrator(s) for making the award even after an ‘award’ is rendered, though after the expiry of the statutory limit of eighteen-month period?

2. We have considered the text as well as the context in which Parliament introduced Section 29A to the Act, empowering the Court to extend the mandate of the arbitrator. The power and the jurisdiction of the Court are not impaired by the indiscretion of the arbitrator in rendering an ‘award’ without a mandate, particularly when such an award does not partake the character of a decree and is unenforceable under Section 36 . We have also explained the important role that the Court plays while balancing the twin interests - of securing the remedy of resolution of disputes through arbitration and ensuring integrity in its conduct. Though, the questions that we are required to consider had not arisen for consideration in Rohan Builders (India) Pvt. Ltd. v. Berger Paints India Ltd., 2024 SCC Online SC