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Section 40, Arbitration & Conciliation Act 1996: Arbitration Agreement Not Discharged By Party's Death

Section 40 (Arbitration agreement not to be discharged by death of party thereto) is under Chapter X (Miscellaneous) of the Part I (Arbitration) of the Arbitration and Conciliation Act, 1996.

The contents of the section  is reproduced hereunder:—

(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.




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

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