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Revisiting functus officio—Supreme Court of India allows post-expiry extensions in arbitration (Rohan Builders (India) Pvt Ltd v Berger Paints India Ltd)

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Published on: 19 September 2024

Published by a LexisNexis Arbitration expert

Table of contents

What are the practical implications of this case?
What was the background?
What did the court decide?
Case details

Article summary

Arbitration analysis: The Supreme Court of India has delivered a significant ruling in Rohan Builders (India) Pvt Ltd v Berger Paints India Ltd, clarifying that an application for the extension of time under section 29A of the Arbitration and Conciliation Act, 1996, can be filed even after the expiration of the arbitral tribunal's mandate. This decision resolves the conflicting views held by various High Courts and reinforces the flexibility and robustness of the arbitration process in India. The ruling underscores the importance of party autonomy and the role of courts in ensuring that procedural issues do not obstruct the substantive resolution of disputes. Written by Saurabh Seth, founder at Chambers of Saurabh Seth, along with Sumeera Seth, Neelam Deol and Abhiroop Rathore, counsels at Chambers of Saurabh Seth.

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