Section 38 Arbitration Act Explained: Failure or impossibility to act | Nyaya

Statutory Content

What does Section 38 of Arbitration Act say?

Where an arbitrator or umpire fails or is unable to act, the arbitral tribunal shall continue with the arbitration with the remaining arbitrators. Where the arbitral tribunal is unable to continue with the arbitration, the Chief Justice or a Judge authorized by him shall appoint a new arbitrator or umpire. Where the Chief Justice or the Judge authorized by him is unable to make the appointment, the new arbitrator or umpire shall be appointed by the Supreme Court.

Indian StandardSection 38, Arbitration and Conciliation Act, 1996

Bluebook (21st ed.)Arbitration and Conciliation Act, 1996, § 38 (India)

Court Pleading StandardSection 38 of the Arbitration and Conciliation Act, 1996

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

Common Questions about Section 38 Arbitration Act

What is Section 38 of Arbitration Act?

Section 38 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) defines and regulates "Failure or impossibility to act". The section states: Where an arbitrator or umpire fails or is unable to act, the arbitral tribunal shall continue with the arbitration with the remaining arbitrators. Where the arbitral tribunal is un...

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