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Section 14: Failure or impossibility to act.

The Arbitration and Conciliation Act, 1996Central Act · Act 26 of 1996

(1) [The mandate of an arbitrator shall terminate and he shall be substituted by another arbitrator, if]—

(a) he becomes de jure or de facto unable to perform his functions or for other reasons fails to act without undue delay; and

(b) he withdraws from his office or the parties agree to the termination of his mandate.

(2) 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.

(3) If, under this section or sub-section (3) of section 13, 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.

Where this provision sits

ActThe Arbitration and Conciliation Act, 1996
Section14
Marginal noteFailure or impossibility to act.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it208

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted. . Subs. by s. 9, ibid., for "The mandate of an arbitrator shall terminate if" (w.e.f. 23-10-2015).

Judgments that turned on this provision

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