Mandate Of An Arbitrator Can Be Extended Even After Termination Of Mandate

Ashok Kumar Gupta v M.D. Creations And Ors¹

The Calcutta High Court held that the Court is empowered to extend an arbitrator's mandate even if the application for an extension under §29A of the Arbitration Act 1996 is filed after the arbitrator's mandate has expired.

Decision

To arrive at the decision, the Court conducted a detailed analysis of provisions of the Arbitration Act, along with the Law Commission Report which recommended introduction of §29A, by amending the Arbitration Act. The following sub-issues were framed and answered:

1. Whether §29A debars an application from being filed after termination of the mandate: The Court held that the text of the provision did not stipulate that an application had to be made before termination. Hence, it was not the intention of the legislature to put in such a restriction. Additionally, since §29A provides that the Court can reconstitute the tribunal while extending the mandate, by necessary implication, it