Arbitration and Conciliation Act Section 15 — Termination of mandate and substitution of arbitrator
CHAPTER III — Composition of arbitral tribunal
Civil
Summary
Sub-section (1) sets out the two ways, in addition to the situations covered by sections 13 and 14, in which an arbitrator's mandate comes to an end. The mandate terminates if the arbitrator withdraws from office for any reason, or if the parties agree, either directly or through some arrangement, that the mandate should end.
Sub-section (2) states that when an arbitrator's mandate ends, a substitute arbitrator must be appointed using the same rules that applied to the appointment of the arbitrator being replaced.
Sub-section (3) provides that, unless the parties agree otherwise, when an arbitrator is replaced, any hearings that were held before the replacement may be repeated, but only if the arbitral tribunal chooses to do so. The tribunal has the discretion to decide whether to repeat them.
Sub-section (4) states that, unless the parties agree otherwise, any order or ruling made by the arbitral tribunal before the arbitrator was replaced will not become invalid merely because the composition of the tribunal has changed.
Official Text
(1) In addition to the circumstances referred to in section 13 or section 14,the mandate of an arbitrator shall terminate—
(a) where he withdraws from office for any reason; or
(b) by or pursuant to agreement of the parties. 1. Ins. by Act 3 of 2016, s. 8 (w.e.f. 23-10-2015).
(2) Where the mandate of an arbitrator terminates, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator being replaced.
(3) Unless otherwise agreed by the parties, where an arbitrator is replaced under sub-section (2), any hearings previously held maybe repeated at the discretion of the arbitral tribunal.
(4) Unless otherwise agreed by the parties, an order or ruling of the arbitral tribunal made prior to the replacement of an arbitrator under this section shall not be invalid solely because there has been a change in the composition of the arbitral tribunal.