Skip to main content

Arbitration and Conciliation Act, 1996

Section 8

Failure or impossibility to act

Quick Answer Reference: Section 8 Arbitration Act

  • Provision: Section 8 of Arbitration Act
  • Act: Arbitration and Conciliation Act, 1996
  • Classification: arbitration
  • Jurisdiction: India
Statutory Content

What does Section 8 of Arbitration Act say?

Where an arbitrator fails or refuses to act or is unable to act, the parties to the arbitration agreement may agree on the appointment of another arbitrator in accordance with the procedure agreed upon by the parties. Where the parties to the arbitration agreement have not agreed on a procedure for the appointment of another arbitrator, the arbitral tribunal shall consist of three arbitrators, one to be appointed by each party to the arbitration agreement and the third to be appointed by the two arbitrators so appointed. Where the parties to the arbitration agreement have agreed that the arbitral tribunal shall consist of three arbitrators, one to be appointed by each party to the arbitration agreement and the third to be appointed by the two arbitrators so appointed, the third arbitrator shall be appointed within a period of thirty days from the date on which the two arbitrators so appointed inform the parties to the arbitration agreement of their intention to appoint a third arbitrator. Where an arbitrator fails or refuses to act or is unable to act, the parties to the arbitration agreement may agree on the appointment of another arbitrator in accordance with the procedure agreed upon by the parties. Where the parties to the arbitration agreement have not agreed on a procedure for the appointment of another arbitrator, the arbitral tribunal shall consist of three arbitrators, one to be appointed by each party to the arbitration agreement and the third to be appointed by the two arbitrators so appointed.

Indian StandardSection 8, Arbitration and Conciliation Act, 1996
Bluebook (21st ed.)Arbitration and Conciliation Act, 1996, § 8 (India)
Court Pleading StandardSection 8 of the Arbitration and Conciliation Act, 1996
Canonical Web linkhttps://nyaya.cloud/acts/arbitration-and-conciliation-act-1996/8

Embed this Section Card

Want to display this Section explanation card on your website? Copy and paste the HTML code below:

Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
People Also Ask (PAA)

Common Questions about Section 8 Arbitration Act

What is Section 8 of Arbitration Act?

Section 8 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) defines and regulates "Failure or impossibility to act". The section states: Where an arbitrator fails or refuses to act or is unable to act, the parties to the arbitration agreement may agree on the appointment of another arbitrator in accordance with the ...

Related Concepts