The Justice Madan Lokur-led arbitral tribunal, constituted by the Supreme Court in January 2019, had adjourned SAP's Rs. 17.98 crore claim against Cox & Kings sine die after Cox & Kings entered CIRP in October 2019.
After SAP sought resumption in February 2026, Justice Arif S. Doctor of the Bombay High Court extended the tribunal's mandate by one year and allowed the arbitration to proceed, holding that the delay in completing the arbitration was not attributable to any deliberate, wilful or negligent default by SAP or the tribunal.
Legal Background
Section 29A of the Arbitration and Conciliation Act, 1996 sets a time limit for the award, which can be extended by consent of the parties and then by the court on application, and the court can extend the mandate of the tribunal on sufficient cause. Separately, once a corporate insolvency resolution process begins, Section 14 of the Insolvency and Bankruptcy Code, 2016 imposes a moratorium that bars the continuation of proceedings against the corporate debtor, which is why arbitrations against such a debtor are commonly adjourned. The interaction of the two provisions is the background to applications of this kind. The order itself should be read for the reasoning and the facts.