Section 40: Arbitration agreement not to be discharged by death of party thereto

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Arbitration and Conciliation Act, 1996

PART I Arbitration

CHAPTER X Miscellaneous

Section 40: Arbitration agreement not to be discharged by death of party thereto.

40. (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.

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