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Supreme Court of India: functus officio no bar to post-expiry extension of arbitral tribunal’s mandate under Section 29A—Rohan Builders v Berger Paints

Published on: 19 September 2024

Published by a LexisNexis Arbitration expert

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Article summary

Rohan Builders (India) Pvt Ltd v Berger Paints India Ltd [2024 INSC 686] What are the practical implications of this case?

The Supreme Court’s decision delivers significant consequences for arbitration practice in India. Central to the ruling is the recognition that, while a tribunal’s mandate formally ends when the stipulated period expires, it is not irretrievably extinguished if an application seeking extension is moved after expiry. This is a watershed clarification that shields arbitral proceedings from being undone by mere procedural niceties. For practitioners, the ruling introduces a more accommodating framework when guiding clients through arbitration. Anxiety around a mandate lapsing—and the attendant prospect of starting afresh—has been eased. Parties may now approach the court to enlarge time even post-lapse, so long as sufficient cause is demonstrated. The result is a tangible saving of time and expense otherwise spent on reconstituting the tribunal, together with the preservation of procedural continuity. In addition, the judgment underscores the judiciary’s facilitative stance towards arbitration, ensuring that substantive justice is not frustrated by inflexible timelines...

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