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Section 29A Mandate Overrides Institutional Arbitration Rules

July 4, 2026 legaldeli

Judgment dated 2.7.2026 of the Gujarat High Court in R/Petn. Under Arbitration Act No.145 of 2025 Abhishek Suresh Mehta and others Vs. M/s Parth Developers and others

Gujarat HC – Section 29A Mandate Overrides Institutional Arbitration Rules of the Gujarat High Court – Petition for extension of mandate of Arbitrator appointed by the High Court under its Arbitration Rules must also go to Section 34 Court and not the High Court.

The High Court appointed the Arbitrator under the Arbitration Centre (Domestic and International), High Court of Gujarat Rules, 2021. The parties were governed by the said Rules.

After examination of the witnesses, the period of twelve months was over. By consent, the parties extended the mandate by six months under Rule 34.5 of the Rules of 2021.

On 11.4.2024, the arguments were concluded. However, since the award was not likely to be passed, the applicants filed section 29A application.

This was objected on the ground that the power to extend mandate rests only in the Court which has competence to entertain section 34 petition.

Rule 34.6 was framed in the year 2021 when the legal position regarding Section 29A of the Arbitration and Conciliation Act, 1996 had not been authoritatively settled. Subsequently, the Apex Court, in Jagdeep Chowgule (supra), has interpreted Section 29A in conjunction with Section 2(1)(e) of the Act and has categorically held that an application for extension of the mandate must be presented before the Court competent to entertain a challenge under Section 34 of the Act. Once the statutory provision has been authoritatively interpreted by the Apex Court, Rule 34.6 must necessarily yield to such interpretation. The Rule, therefore, cannot be applied in disregard of Section 29A as interpreted by the Apex Court.

Accordingly, after the decision in Jagdeep Chowgule (supra), Rule 34.6 cannot be applied in a manner inconsistent with Section 29A read with Section 2(1)(e) of the Arbitration and Conciliation Act, 1996.

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