Section 40

Arbitration agreement not to be discharged by death of party thereto.

The Arbitration and Conciliation Act, 1996

  • Act 26 of 1996
  • Ministry of Law and Justice
  • Department of Legal Affairs
About this Act

An Act to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards as also to define the law relating to conciliation and for matters connected therewith or incidental thereto.

All sections
    (1) An arbitration agreement shall not be discharged by the death of any party thereto either as respects the deceased or as respects any other party, but shall in such event be enforceable by or against the legal representative of the deceased.
     (2) The mandate of an arbitrator shall not be terminated by the death of any party by whom he was appointed.
     (3) Nothing in this section shall affect the operation of any law by virtue of which any right of action is extinguished by the death of a person.

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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