Searching Case Laws & Precedent on Legal Query!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query!
Scanned Judgements…!
References:- ["2023 0 Supreme(Ker) 580"]- ["2023 0 Supreme(Gau) 1193"]- ["2024 Supreme(Online)(HP) 7003"]- ["2022 0 Supreme(HP) 877"]- ["2025 0 Supreme(HP) 540"]
In the fast-paced world of dispute resolution, arbitration offers a streamlined alternative to lengthy court battles. However, a common question arises: arbitrator to complete proceedings within how much period if no time limit is specified? This is particularly relevant under Indian law, where timelines balance efficiency with flexibility. This blog post breaks down the statutory defaults, judicial insights, and practical implications, drawing from the (as amended), and key precedents. Note: This is general information, not specific legal advice—consult a qualified lawyer for your case.
typically commence when the arbitrator issues notices to parties and fixes the first hearing date. This marks the , starting the clock for timelines [
#ArbitrationLaw, #IndiaArbitration, #Section29A
“29A.Time limit for arbitral award. ... (4) If the award is not made within the period specified in sub-section (1) or the extended period specified under sub-section (3), the mandate of the arbitrator(s) shall terminate unless the Court has, either prior to or after the expiry of the period so specified, extended the ... Subject to the above, the time limit specified....
Now coming to Sub-Section (4) of Section 29 A of the Act of 1996, it would be seen that if the award is not made within the period specified in Sub-Section (1) or the extended period specified in Sub-Section (3) of Section 29 A, the mandate of the Arbitrator (s) shall terminate by operation of law unless ... Sub-Section (3) of Section 29A gives the liberty to the parties to mutually agree for an extension of the time limit within 6 ....
If the award is not made within the period specified or the extended period specified the mandate of the arbitrator shall terminate unless the court has, either prior to or after the expiry of the period so specified, extended the period. ... The lands of the petitioners have been acquired and they are entitled to fair and just compensation, if in case, the mandate of the learned Arbitrator is allowed to be termina....
Otherwise also, in case, mandate of learned Arbitrator is allowed to be terminated on account of his having failed to complete proceedings within time, great prejudice would be caused to the petitioner/proforma respondents, who had been fighting for his rightful claim for years together. ... Sub-Section (4) of S.29-A provides that that if award is not made within period specified in sub-section (1) or extended period as per sub-sect....
of arbitral proceedings with direction(s) to Learned Arbitrator- cum-Divisional Commissioner, Mandi [HP] to complete the arbitral proceedings within a reasonable time. ... Object of the arbitral proceedings is consensual entrustment of parties to an Arbitrator who is bound to complete the arbitral proceedings within a period of 12 months under Section 29A(1) and within....
While fixing the time limit, the legislature provided that if within the prescribed time limit, the proceedings by the arbitrator are not completed then it can be extended. ... specified, extended the period. ... Sub-section (4) of Section 29- A stipulates that if the award is not made within the period specified in sub-section (1) or the extended period #HL_ST....
(4) If the award is not made within the period specified in sub-section (1) or the extended period specified under sub-section (3), the mandate of the arbitrator(s) shall terminate unless the Court has, either prior to or after the expiry of the period so specified, extended the ... (3) The parties may, by consent, extend the period specified in sub- section (1) for making award for a further period#HL_....
(4) If the award is not made within the period specified in sub-section (1) or the extended period specified under sub-section (3), the mandate of the arbitrator(s) shall terminate unless the Court has, either prior to or after the expiry of the period so specified ... (3) The parties may, by consent, extend the period specified in sub- section (1) for making award for a further period not excee....
with in such time as may be specified by the Director. ... (3) The party making such Request, may file his Statement of Claim, along with the Request but in any event, shall do so within Thirty days thereof or within such time, as may be specified by the Director. ... Sub-rule (3)(a) of Rule 10 directs that the claimant should file the statement of claim within 30 days from the date of receipt of the official communication from the centre, as obtaining under Rule 17 ....
limit provided for stating that objection, within that period of time, shall be deemed to have waived his right to so object. ... Time limit for arbitral award: (1) The award shall be made within a period of twelve months from the date the arbitral tribunal enters upon the reference. ... (4) If the award is not made within the period specified in subsection (1) or the extended period#HL....
The Arbitrator is requested to complete proceedings as per time limit specified under Section 29-A of the Act. Fee of the Arbitrator will be equally borne by both the parties.
A. M. Sapre, Former Judge, Supreme Court of India as the Sole Arbitrator subject to the declarations being made under Section 12 of the Arbitration and Conciliation Act, 1996 with respect to independence and impartiality, and the ability to devote sufficient time to complete the arbitration within the period of 12 months. The learned Arbitrator is requested to complete the proceedings within the time-limit specified under Section 29A.
Despite holding several hearings, the arbitrator was unable to conclude the proceedings within the time fixed. The decision of the Supreme Court in N.B.C.C. Ltd. v. J.G. Engineering Pvt. Ltd. (supra) does not further the case of AWHO. In the circumstances, the parties had mutually agreed to extend the time till 31.08.2005 for making and publishing the award. In that case, the arbitrator was to complete proceedings by 27.03.2005, that is, within a period of six months from the date of appointment of the arbitrator.
There is no time limit prescribed under Section 17B that within how much time, such application is to be filed. Therefore, it is an obligation of employer to comply statutory mandate. After the award, no offer was made by original petitioner to the workman to report for duty. Therefore, workman has filed application claiming wages under Section 17B.
Till the arbitration proceedings are completed the partners of M/s. Liberty Enterprises shall not act upon the agreement of franchise dated 31.03.2003 and would preserve the property, reputation and goodwill of M/s. Liberty Enterprises. The arbitrator, thereafter, shall complete the arbitral proceedings within a period of four months.
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