Powers and discretionary scope of substitution of arbitrators under Section 29A(6)

Under Section 29A(6) of the Arbitration and Conciliation Act, 1996, the court extending the arbitral mandate possesses discretionary authority to substitute one or all of the arbitrators. This power of substitution is a consequential and remedial tool vested in the court empowered to grant time extensions under Section 29A(4). Upon such substitution, the reconstituted arbitral tribunal is deemed to be a continuation of the previously appointed tribunal pursuant to Section 29A(7). The arbitral proceedings continue seamlessly from the stage already reached, relying on the evidence and material already accumulated on record. The newly appointed arbitrator is legally deemed to have received all prior evidence, ensuring that time and costs are not wasted. This substitution power is vested strictly in the court defined under Section 2(1)(e) to prevent deliberate or negligent delays by arbitrators. Thus, substitution under Section 29A is a curial management remedy rather than a fresh appointment under Section 11. (Jagdeep Chowgule v. Sheela Chowgule & Ors. | 2026 INSC 92)