The Arbitration and Conciliation Act, 1996, particularly Section 29A, prescribes strict timelines for arbitration proceedings. But what happens when time runs out? Can an arbitrator continue beyond their mandate? This question lies at the heart of the tension between procedural celerity and substantive justice, a dichotomy that Indian courts have navigated with evolving jurisprudence.
I.Understanding the Mandate of an Arbitrator
The mandate of an arbitrator is the fount of their legal authority to adjudicate upon the disputes referred to them. It is the legal sanction that empowers the arbitral tribunal to conduct proceedings, hear the parties, and render a binding award. Should this mandate expire, the arbitrator is, in principle, divested of all authority, rendering any subsequent act a legal nullity.
