The High Court of Himachal Pradesh allowed an application to extend the mandate of an Arbitral Tribunal by six months to enable conclusion of arbitration proceedings, considering elapsed time due to the pandemic and a reserved award.
Extended the mandate of the Arbitral Tribunal by six months from the date on which the mandate elapsed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
Arb. Case No. 563 of 2023.
Date of decision: 2nd August, 2023.
Patel -Common Joint Venture ...Petitioner. Versus SJVN Limited ... .Respondent.
Coram:
The Hon’ble Mr. Justice Satyen Vaidya, Judge.
Whether approved for reporting?1
For the Petitioner: Mr. Janesh Gupta, Advocate. For the Respondent: Ms. Shradha Karol, Advocate.
Satyen Vaidya, Judge (Oral).
By way of instant application, a prayer has been made to extend the mandate of the Arbitral Tribunal by a period of six months w.e.f. 28.05.2023 so as to enable the learned Tribunal to pass an award and to conclude the arbitration proceedings. 2. It is submitted in the application that a substantial time had elapsed due to prevailing Covid-19 pandemic condition. After calculating the time set off by the Hon'ble Supreme Court due to Covid-19 Pandemic conditions, the mandate of Arbitral Tribunal has concluded on 28.05.2023. It
1 Whether reporters of the local papers may be allowed to see the judgment?
…2…
is further submitted that all the proceedings in the arbitration proceedings have been concluded and learned Arbitrator has reserved the award for pronouncement.
(Satyen Vaidya) Judge
2nd August, 2023. (jai)
2 issues framed by the court
Whether the mandate of the Arbitral Tribunal should be extended by six months to conclude arbitration proceedings.
Whether the extension should be granted in light of time elapsed due to the Covid-19 pandemic and reserved award.
Patel
SJVN Limited
Satyen Vaidya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
