Arbitration and Conciliation Act Section 40 — Arbitration agreement not to be discharged by death of party thereto

CHAPTER X — Miscellaneous

Civil

Summary

Sub-section (1) states that an arbitration agreement does not come to an end when one of the parties dies. The agreement remains valid and can still be enforced by or against the legal representative of the deceased person, just as it would have been with the original party.

Sub-section (2) provides that the authority or mandate of an arbitrator is not terminated simply because the party who appointed him or her has died. The arbitrator continues to act in the matter despite that death.

Sub-section (3) clarifies that this section does not override any other law under which a person's right to bring a claim is extinguished upon death. If another law says a particular right of action ends with a person's death, that law still applies.

Official Text

(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 been forceable 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.