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Section 14, Arbitration & Conciliation Act 1996: Failure Or Impossibility To Act

Section 14 (Failure or impossibility to act) is under Chapter III (Composition of arbitral tribunal) of the Part I (Arbitration) of the Arbitration and Conciliation Act, 1996.

The contents of the section  is reproduced hereunder:—

“(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.”






Extra Notes for Readers

(1) Section 14 was amended by the Arbitration and Conciliation (Amendment) Act, 2015 (w.e.f. 23 Oct 2015), as follows:

~ In sub-section (1), in the opening portion, for the words “The mandate of an arbitrator shall terminate if ”, the words “The mandate of an arbitrator shall terminate and he shall be substituted by another arbitrator, if ” were substituted.

(2) The legal meaning of the following Latin phrases:

"De jure" - In law / lawful / as a matter of law / according to law.

"De facto" - In fact / in deed / in reality / actually.





This page was last updated on 31st December, 2017.

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