Act Number: 26

Act Name: The Arbitration and Conciliation Act, 1996

Year: 1996

Enactment Date: 1996-08-16

Long Title: 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.

Ministry: Ministry of Law and Justice

Department: Department of Legal Affairs

Section 14: Failure or impossibility to act.
    (1) 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.
Notes:
1. Subs. by s. 9, ibid., for "The mandate of an arbitrator shall terminate if" (w.e.f. 23-10-2015).
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