Extension of time u/s 29A of Arbitration& Conciliation Act
shoaib
(Querist) 04 September 2019
This query is : Resolved
Sir,
High Court u/s. 11 of Arbitration & Conciliation Act 1996 referred the dispute to Arbitrator. Even After lapse of 3 years from the reference proceeding before the Arbitrator has not been commenced. Now, after 3 years the learned Arbitrator issued notice and called upon the parties to participate in the proceeding. I had objected the same being delayed. Therefore, the claimant has moved application before High Court for extension of time u/s. 29A of the said Act.
Whether the same is maintainable kindly guide with caselaws.
Regards
Adv. S.A.Khan
Dr J C Vashista
(Expert) 05 September 2019
The time can be extended with mutual consent and/or Court order.
It would be better to consult a local prudent lawyer for proper appreciation of facts, guidance and proceeding
P. Venu
(Expert) 05 September 2019
29A. Time limit for arbitral award.-
(1) The award shall be made within a period of twelve months from the date the arbitral tribunal enters upon the reference.
(2) If the award is made within a period of six months from the date the arbitral tribunal enters upon the reference, the arbitral tribunal shall be entitled to receive such amount off additional fees as the parties may agree.
(3) The parties may, by consent, extend the period specified in sub-section(1) for making award for a further period not exceeding six months.
(4) If the award is not made within the period specified in sub-section (1) or the extended period specified under sub-section (3), the mandate of the arbitrator(s) shall terminate unless the Court has, either prior to or after the expiry of the period so specified, extended the period."
Yes, the Court can extend time if sufficient cause is shown.
