TATA SONS PVT LTD (FORMERLY TATA SONS LTD) versus SIVA INDUSTRIES AND HOLDINGS LTD & ORS

TATA SONS PVT LTD (FORMERLY TATA SONS LTD) versus SIVA INDUSTRIES AND HOLDINGS LTD & ORS

The amended Section 29A(1) excludes international commercial arbitrations from the mandatory twelve month timeline; for international commercial arbitrations the twelve month period is directory and the tribunal is required only to 'endeavour' to conclude within that period. The 2019 amendment is remedial and, lacking a provision like Section 26 of the 2015 Amendment Act, applies to pending arbitrations as on its effective date (30 August 2019). In the present matter the sole arbitrator has jurisdiction to decide any further extension of time and to issue appropriate procedural directions while endeavoring to conclude the arbitration expeditiously.

Parties
Applicant: Tata Sons Pvt Ltd (formerly Tata Sons Ltd); First Respondent: Siva Industries and Holdings Ltd; Second Respondent: C Sivasankaran
Jurisdiction
India
Judgment Date
05 January 2023
Procedural Posture
Arbitration Case (civil) No. 38 of 2017 / Miscellaneous Application No. 2680 of 2019; Interlocutory Application (ia No. 155371 of 2022)
Outcome
Applications allowed
Legal Topics
Section 29 a Arbitration and Conciliation Act, 1996, International Commercial Arbitration, Prospective Vs Retrospective Application of Statutory Amendments, Time Limits for Arbitral Awards, Extension of Arbitrator's Mandate
Arbitration Procedural Law Insolvency and Bankruptcy Section 29 a Arbitration and Conciliation Act, 1996 International Commercial Arbitration Prospective Vs Retrospective Application of Statutory Amendments Time Limits for Arbitral Awards Extension of Arbitrator's Mandate

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 17 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Tata Sons Pvt Ltd (formerly Tata Sons Ltd)

Applicant

Siva Industries and Holdings Ltd

First Respondent

C Sivasankaran

Second Respondent

Procedural Posture

Arbitration Case (civil) No. 38 of 2017 / Miscellaneous Application No. 2680 of 2019; Interlocutory Application (ia No. 155371 of 2022)

Legal Issues

  1. 1 Whether the twelve month time limit in amended Section 29A(1) applies to international commercial arbitrations
  2. 2 Whether the 2019 amendment to Section 29A applies prospectively or retrospectively to pending arbitrations
  3. 3 Whether the sole arbitrator may continue the reference or grant/decide on extensions of time after expiry of originally agreed mandate, particularly in light of IBC moratoriums

Ratio Decidendi

The amended Section 29A(1) excludes international commercial arbitrations from the mandatory twelve month timeline; for international commercial arbitrations the twelve month period is directory and the tribunal is required only to 'endeavour' to conclude within that period. The 2019 amendment is remedial and, lacking a provision like Section 26 of the 2015 Amendment Act, applies to pending arbitrations as on its effective date (30 August 2019). In the present matter the sole arbitrator has jurisdiction to decide any further extension of time and to issue appropriate procedural directions while endeavoring to conclude the arbitration expeditiously.

Court Disposition

Applications allowed

Orders

  • Miscellaneous Application No. 2680 of 2019 and the Interlocutory Application allowed
  • Sole arbitrator may decide upon any further extension of time and issue appropriate procedural directions while endeavouring an expeditious conclusion of the arbitration