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ARTICLE · 21 MARCH 2019

Analysis Of Section 29A Of Arbitration And Conciliation Act: Approach Of Judiciary

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The issue of only expeditious disposal can be considered no other

IndiaLitigation, Mediation & Arbitration

BACKGROUND

In order to prevent unnecessary delay in passing of the arbitral award, a restrain has been placed on the arbitral tribunal to pass the award within 12 months from the date the arbitral tribunal enters upon reference.

Section 29A of the Act is intended to sensitize the parties as also the Arbitral Tribunal to aim for culmination of the arbitration proceedings expeditiously. It is with this legislative intent, Section 29A was introduced in the Act by way of the Arbitration and Conciliation (Amendment) Act, 2015. This provision is not intended for a party to seek substitution of an arbitrator only because the party has apprehension about the conduct of the arbitration proceedings by the said arbitrator. The only ground for removal of the arbitrator under Section 29A of the Act can be the failure of the arbitrator to proceed expeditiously in the adjudication process.1

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