Author Profile

Legal India Admin

Posted On by &filed under .

The power and authority of an Arbitrator shall terminate if he becomes de jure or de facto unable to perform his functions or for other reasons fails to act without undue delay and he withdraws from his office or the parties agree to the termination of his mandate.

If a controversy remains concerning inability of the Arbitrator to perform his functions or his failure to act without undue delay, a party may, unless otherwise agreed by the parties, apply to the court to decide on the termination on the mandate.

Where the mandate of an Arbitrator terminates a substitute Arbitrator shall be appointed according to the rules that were applicable to the appointment of the Arbitrator being replaced. Section 12 to 15 of the Act of 1996 deal with the matters relating to grounds of challenge the procedures of challenge of Arbitrator, failure or impossibility to act by the Arbitrator, substitution of the Arbitrator and the procedure to be followed in case of substituted Arbitrator in the further conduct.


Comments are closed.