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S.29A Arbitration Act | Tribunal's Mandate Can Be Extended Even After Expiry Of Statutory Period And Passing Of Award : Supreme Court

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LiveLaw
Bottom Line Up Front (BLUF)

The Supreme Court held that the mandate of an arbitral tribunal can be extended under Section 29A of the Arbitration and Conciliation Act, 1996, even after the expiry of the statutory period for making an award and after the award has been passed. This allows for correction of errors or omissions in the award.

Ratio Decidendi · Legal Principle Established

The mandate of an arbitral tribunal under Section 29A of the Arbitration and Conciliation Act, 1996, can be extended by a court even after the statutory period for making the award has expired and an award has already been passed, to facilitate correction of errors or omissions.

Practice & Procedural Impact for Advocates

Advocates can seek extension of an arbitral tribunal's mandate under Section 29A even post-award for corrections. Litigants should be aware that awards are not necessarily final upon pronouncement if errors or omissions require tribunal intervention and court approval for extension.

Key Legal Takeaways

  • 1Section 29A allows extension of tribunal mandate.
  • 2Extension is permissible even after the statutory period for award.
  • 3Extension is permissible even after the award has been passed.
  • 4The purpose of such extension is to correct errors or omissions.

The Legal Issue The Supreme Court addressed whether the mandate of an arbitral tribunal, as provided under Section 29A of the Arbitration and Conciliation Act, 1996, could be extended by a court even after the statutory period for making an award had expired and, crucially, after the award itself had already been passed by the tribunal.

Court's Reasoning The Court interpreted Section 29A of the Arbitration and Conciliation Act, 1996, broadly, concluding that its provisions allow for the extension of an arbitral tribunal's mandate even in circumstances where the statutory timeline for rendering an award has lapsed and the award has already been delivered. The rationale behind this interpretation is to enable the tribunal to rectify any errors or omissions in the award, thereby ensuring the finality and correctness of the arbitral process without requiring a fresh arbitration.

What Follows This ruling clarifies that parties can approach a court for an extension of the arbitral tribunal's mandate under Section 29A of the Arbitration and Conciliation Act, 1996, even after an award has been passed, to facilitate corrections. This provides a mechanism for addressing post-award issues without undermining the arbitral process.

Read the LiveLaw report