Whether the Court can extend the mandate of an Arbitrator after its termination if the application under Section 29A of Arbitration and Conciliation Act, 1996 is filed post-termination – Ashok Kumar Gupta Vs. M.D. Creations and Ors. – Calcutta High Court
In this judgment, Hon’ble Kolkata High Court clarifies following issues:
(i) Whether section 29A of the Arbitration Act debars an application from being filed after the termination of mandate of the Arbitrator?
(ii) Whether the court’s powers to extend the mandate is taken away if the application for extension is filed post-termination?
(iii) Whether the Rohan Builders ratio operates as a binding precedent on this Court?
(iv) The effect of the 176th Report of the Law Commission of India on the Arbitration and Conciliation (Amendment)Bill, 2001, which ultimately resulted in introduction of Section 29-A, by the Amending Act of 2016, to the 1996 Act
(v) The purpose of Section 29-A of the Arbitration Act.
