Case Law Analysis
|Supreme Court of India
Section 29A Extension Power Vests in Section 2(1)(e) Court, Not Section 11 Authority; Waiver of Three-Member Tribunal by Conduct : SC
The Supreme Court held that jurisdiction to extend an arbitral mandate under Section 29A lies exclusively with the 'court' defined in Section 2(1)(e), not the Section 11 appointing authority. A party waives its right to a three-member tribunal by twice consenting to a sole arbitrator and participating for 18 months. The IBC moratorium does not bar a corporate debtor from initiating arbitration to recover dues.