In Brief
Tata Sons sought to continue arbitration proceedings against Siva Industries before a sole arbitrator appointed in 2018. When the defendant entered insolvency, the proceedings were stayed. After the moratorium was lifted and Section 29A of the Arbitration Act was amended in 2019 to exclude international commercial arbitrations from the mandatory 12-month award timeline, Tata Sons requested the proceedings continue without seeking a formal extension. The Supreme Court held that the 2019 amendment, being remedial and non-conferring of new liabilities, applies retrospectively to all pending arbitrations. International commercial arbitrations must now only endeavour to conclude within 12 months, not meet mandatory deadlines. The sole arbitrator may extend timelines through procedural directions without formal court intervention.
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