Section 14: Failure or impossibility to act

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Arbitration and Conciliation Act, 1996

PART I Arbitration

CHAPTER III Composition of Arbitral Tribunal

Section 14: Failure or impossibility to act.

14. (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.

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Amendments:

1. Substituted by the Arbitration and Conciliation (Amendment) Act, 2015, for “The mandate of an arbitrator shall terminate if” (w.e.f. 23-10-2015).

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