Application Under Section 29A Of The Arbitration Act Lies Only Before The Court Competent To Appoint Arbitrator

Introduction:

The legislature introduced under Section 29A to the Arbitration and Conciliation Act, 1996 (“the Act”) vide the Amendment Act 3 of 2016. The aforesaid amendment came into force with effect from 23.10.2015. Section 29A of the Act further amended in the year 2019. The net effect of the above referred two amendments is that in the matter of arbitrations, other than International Commercial Arbitration, a time limit for conclusion of arbitration proceedings was introduced. Section 29A of the Act, as it stands today, provides that an arbitral tribunal has to publish the award within a period of twelve months from the date of completion of pleadings under Section 29A.

As per Section 23(4), the pleading which comprises of statement of claim and defence are mandated to be completed within a period of six months from the date the arbitrator, or all the arbitrators received notice, in writing, of their appointments. It is also provided under Section 29A(3) that