Section 39 Arbitration Act Explained: Termination of mandate | Nyaya

Statutory Content

What does Section 39 of Arbitration Act say?

The mandate of an arbitrator or umpire terminates when the arbitration is concluded or when the mandate is revoked by the parties or by the arbitral tribunal. Where the mandate of an arbitrator or umpire is terminated, 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 39, Arbitration and Conciliation Act, 1996

Bluebook (21st ed.)Arbitration and Conciliation Act, 1996, § 39 (India)

Court Pleading StandardSection 39 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 39 Arbitration Act

What is Section 39 of Arbitration Act?

Section 39 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) defines and regulates "Termination of mandate". The section states: The mandate of an arbitrator or umpire terminates when the arbitration is concluded or when the mandate is revoked by the parties or by the arbitral tribunal. Where the mandate of ...

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