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Arbitration and Conciliation Act, 1996

Section 9

Termination of mandate

Quick Answer Reference: Section 9 Arbitration Act

  • Provision: Section 9 of Arbitration Act
  • Act: Arbitration and Conciliation Act, 1996
  • Classification: arbitration
  • Jurisdiction: India
  • Summary: This section explains when the mandate of an arbitrator ends. It happens when the arbitral tribunal makes an award, when the tribunal's mandate is terminated, when the parties agree to end the arbitrator's mandate, when the arbitrator resigns, or when the arbitrator is removed.
Statutory Content

What does Section 9 of Arbitration Act say?

The mandate of an arbitrator terminates: (a) when the arbitral tribunal has made an award; (b) when the mandate of the arbitral tribunal has been terminated in accordance with section 13; (c) when the parties to the arbitration agreement have agreed to terminate the mandate of the arbitrator; (d) when the arbitrator has resigned; (e) when the arbitrator has been removed in accordance with section 7. The mandate of an arbitrator terminates when the arbitral tribunal has made an award. The mandate of an arbitrator terminates when the mandate of the arbitral tribunal has been terminated in accordance with section 13. The mandate of an arbitrator terminates when the parties to the arbitration agreement have agreed to terminate the mandate of the arbitrator. The mandate of an arbitrator terminates when the arbitrator has resigned. The mandate of an arbitrator terminates when the arbitrator has been removed in accordance with section 7.

Indian StandardSection 9, Arbitration and Conciliation Act, 1996
Bluebook (21st ed.)Arbitration and Conciliation Act, 1996, § 9 (India)
Court Pleading StandardSection 9 of the Arbitration and Conciliation Act, 1996
Canonical Web linkhttps://nyaya.cloud/acts/arbitration-and-conciliation-act-1996/9

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose

What does Section 9 of Arbitration Act mean?

Plain English Explanation

This section explains when the mandate of an arbitrator ends. It happens when the arbitral tribunal makes an award, when the tribunal's mandate is terminated, when the parties agree to end the arbitrator's mandate, when the arbitrator resigns, or when the arbitrator is removed.

Practical Interpretation

In real-life scenarios, this section means that an arbitrator's role ends when the arbitration process is complete, or when there is a change in the tribunal or the parties' agreement. This can happen due to various reasons, including the arbitrator's resignation or removal.

Core Legal Purpose

The core purpose of this section is to clarify the circumstances under which an arbitrator's mandate comes to an end. This is essential for ensuring the smooth functioning of the arbitration process and preventing any confusion or disputes.

Key Legal Elements
  • The arbitral tribunal has made an award.
  • The mandate of the arbitral tribunal has been terminated in accordance with section 13.
  • The parties to the arbitration agreement have agreed to terminate the mandate of the arbitrator.
  • The arbitrator has resigned.
  • The arbitrator has been removed in accordance with section 7.
Practical Example

Practical Example of Section 9 Arbitration Act

Rajesh and Priya are parties to an arbitration agreement. They appoint an arbitrator, Amit, to resolve their dispute. After several hearings, the arbitral tribunal makes an award, which is accepted by both parties. In this scenario, Amit's mandate as an arbitrator comes to an end, as per section 9 of the Arbitration and Conciliation Act, 1996.

Common Questions (FAQ)

Frequently Asked Questions about Section 9 Arbitration Act

Q: What is the punishment or consequence under Section 9 of Arbitration and Conciliation Act, 1996?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to all parties involved in an arbitration agreement, regardless of whether they are private individuals or public entities.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not prescribe a penal punishment, so it is neither bailable nor cognizable.

People Also Ask (PAA)

Common Questions about Section 9 Arbitration Act

What is Section 9 of Arbitration Act?

Section 9 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) defines and regulates "Termination of mandate". In plain terms: This section explains when the mandate of an arbitrator ends. It happens when the arbitral tribunal makes an award, when the tribunal's mandate is terminated, when the parties agree to end the arbitrator's mandate, when the arbitrator resigns, or when the arbitrator is removed.

What are the elements of Section 9 of Arbitration Act?

The essential elements of Section 9 of Arbitration Act are: The arbitral tribunal has made an award.; The mandate of the arbitral tribunal has been terminated in accordance with section 13.; The parties to the arbitration agreement have agreed to terminate the mandate of the arbitrator..

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