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ARTICLE · 13 NOVEMBER 2024

Legal & Judicial Updates (June-July 2024)

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The Court explained that Section 9 of the Arbitration Act applies principles similar to those under Order 39 Rule 1 and 2 of the CPC and only permits a prima facie examination of issues, not a final determination, citing KSL & Industries Ltd

IndiaLitigation, Mediation & Arbitration
Hammurabi & Solomon
Hammurabi & Solomon

NOTABLE JUDGEMENTS JUNE AND JULY 2024 ARBITRATION

CAN MANDATE OF ARBITRAL TRIBUNAL BE EXTENDED U/S 29A OF THE ARBITRATION ACT, EVEN AFTER EXPIRY OF SUCH MANDATE?

SS Steel Fabricators and Contractors v. Narsing Décor

2024 SCC OnLineDel 4416

Delhi High Court

Decided on: 19 June, 2024

Facts:

On May 10, 2023, the claimant, SS Steel Fabricators & Contractors, had their claim terminated. Then, in an ex parte proceeding against the claimant, the respondent (counterclaimant) filed a counterclaim. On March 15, 2023, the counterclaimant finished their pleadings and vigorously pursued the case. The counterclaimant paid all costs alone— which would have been shared—because of the ex parte proceedings. Final arguments were held, witnesses were questioned, and the award was supposed to be announced the following day. The counterclaimant requested an extension of the arbitral tribunal's mandate in an application filed under Section 151 of the CPC and Section 29A of

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