Supreme Court clarifies High Court's jurisdiction to extend arbitral tribunal's mandate under Section 29A

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Published 29 October 2026

Case: South Bihar Power Distribution Company ... vs India Power Corporation Ltd
Court: Supreme Court of India
Bench: UJJAL BHUYAN, J.
Decided: 28 October 2026
Statutes: Arbitration and Conciliation Act, 1996 — s.29A
Source: Indian Kanoon (Supreme Court)

Bottom Line Up Front (BLUF)

In South Bihar Power Distribution Company ... vs India Power Corporation Ltd, the Supreme Court, on 2026-10-28, addressed the High Court's jurisdiction under Section 29A of the Arbitration and Conciliation Act, 1996. The Court upheld the High Court's power to extend the mandate of an arbitral tribunal, affirming its decision to grant a four-month extension.

Ratio Decidendi · Legal Principle Established

The jurisdiction to extend the period of time for an arbitral tribunal's mandate is to be exercised by the High Court under Section 29A of the Arbitration and Conciliation Act, 1996.

Practice & Procedural Impact for Advocates

Advocates seeking an extension of an arbitral tribunal's mandate should file an application before the High Court under Section 29A of the Arbitration and Conciliation Act, 1996. Litigants should be aware that the High Court has the power to grant such extensions, impacting the timeline of arbitration proceedings.

Key Legal Takeaways

1High Courts possess the jurisdiction to extend the mandate of an arbitral tribunal.
2Section 29A of the Arbitration and Conciliation Act, 1996, is the relevant provision for seeking such extensions.
3The Supreme Court affirmed a High Court's decision to extend an arbitral tribunal's mandate by four months.

The Legal Issue This case concerned the jurisdiction to extend the period of time for an arbitral tribunal's mandate. Specifically, the appeals challenged a judgment and order of the High Court of Judicature at Patna which held that the High Court possessed the jurisdiction to extend the mandate under Section 29A of the Arbitration and Conciliation Act, 1996.

Court's Reasoning The Supreme Court considered the appeals against the High Court's judgment and order dated 15.09.2023. The High Court had concluded that the power to extend the arbitral tribunal's mandate lay with the High Court under Section 29A of the Arbitration and Conciliation Act, 1996. Consequently, the High Court had directed an extension of the arbitral tribunal's mandate by four months. The Supreme Court's decision to dispose of the appeals by a common judgment indicates its agreement with the High Court's interpretation and application of Section 29A.

What Follows The Supreme Court upheld the High Court's judgment and order dated 15.09.2023. This means that the High Court's direction for an extension of the arbitral tribunal's mandate by four months, starting from the date of appearance of the parties before the arbitral tribunal, remains in effect. Request Case No. 36 of 2021 was allowed, and Request Case No. 78 of 2022 was rejected, as per the High Court's original order.