Mandate Of The Arbitral Tribunal Can Only Be Extended By The High Court If The Tribunal Was Constituted Pursuant To Directions Under Section 11(6) Of The A&C Act: Meghalaya High Court
7 months, 3 weeks ago

Mandate Of The Arbitral Tribunal Can Only Be Extended By The High Court If The Tribunal Was Constituted Pursuant To Directions Under Section 11(6) Of The A&C Act: Meghalaya High Court

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The Bench of Justice H.S. Thangkhiew of Meghalaya High Court has held that the mandate of the arbitral tribunal can only be extended by the High Court under Section 29A of the A&C Act if the tribunal was constituted pursuant to the directions issued by the Court under Section 11 of the Act. The Court held that though the Court may have directed the nominee arbitrators of the parties to appoint the presiding arbitrator, the mandate of the tribunal constituted pursuant to such directions can only be extended by the High Court and not by the Principal Civil Court. The Court held that the mandate of the arbitral tribunal can only be extended by the High Court under Section 29A of the A&C Act if the tribunal was constituted pursuant to the directions issued by the Court under Section 11 of the Act. The Court relied upon the decision of a coordinate bench in Chief Engineer PWD vs. M/s BSC&C wherein the Court held that in a situation where the arbitrator is appointed by the High Court under Section 11, an application under Section 29A can only lie before the High Court and if the application is entertained by the Principal Civil Court, it would lead to an anomalous situation wherein an arbitrator appointment by the High Court can be substituted by a lower court.

History of this topic

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