Extending Arbitral Mandates Under Section 29A During Corporate Liquidation and Statutory Moratoriums

sketch of the Bombay High Court
Case
SAP India Private Limited v. COX AND KINGS LIMITED (Bombay High Court, 10-09-2026)
Law
Arbitration and Conciliation Act, Insolvency and Bankruptcy Code.

Highlights of the Judgment:

  • Examination of "sufficient cause" under Section 29A(5) of the Arbitration and Conciliation Act, 1996, for extending an arbitral mandate.
  • Analysis of procedural delays caused by statutory moratoriums and liquidation proceedings under the Insolvency and Bankruptcy Code, 2016.
  • Evaluation of whether a party's bona fide pursuit of jurisdictional challenges constitutes "fence-sitting" or disqualifies them from seeking an extension.
  • Interpretation of the interplay between parallel arbitral proceedings and the doctrine of functus officio under Section 32 of the Arbitration Act.
  • Assessment of the relevance of mutual credits and set-offs under liquidation regulations during mandate extension applications.