Time Period within which Award must be passed
1 The mandate of S.29A of the Act, brought in by way of Amendment in 2019, being procedural, is applicable to all pending proceedings.
2 Continuation of proceedings without obtaining extension contemplated u/s 29A of the Act, is non est; and S.4 of the Act has no application.
3 Award passed after inordinate and unexplained delay, is against the public policy of India and also in violation of S.29A of the Act, and is deserved to be set aside.
4 In Statutory Arbitration under NH Act, 1957 also, the Award has to be made within one year from the date of when the Arbitrator enter the Reference, as provided u/s 29A(1) of the Act.
5 An Application for extension of time for making of Award u/s 29A of the Act, have to be filed before concerned High Court, in Cases where Arbitrator was appointed by the HC.
6 Parties must take steps for extending the arbitral tribunal’s mandate for making the award within the subsistence of the mandate and not after the mandate expires by operation of law.
7 The Courts are competent to extend the time u/s 29A(1), to pass an Award, in an Application filed u/s 29A(4), even after expiry of specified period u/s 29A(1).