Tuesday, March 31, 2020

When can the mandate of an arbitrator terminate?

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When can the mandate of an arbitrator terminate?

Failure or Impossibility to Act – Section – 14

  1. The, mandate of an arbitrator shall terminate if-
  2. he becomes de jure or de facto unable to perform his functions or for other reasons fails to act without undue delay; and
  3. he withdraws from his office or the parties agree to the termination of his mandate.
  4. If a controversy remains concerning any of the grounds referred to in clause (a) of sub-section (1), a party may, unless otherwise agreed by the parties, apply to the Court to decide on the termination of the mandate.
  5. If, under this section or sub-section (3) of section 1.3, an arbitrator withdraws from his office or a party agrees to the termination of the mandate of an arbitrator, it shall not imply acceptance of the validity of any ground referred to in this section or sub-section (3) of section 12.

 

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