Friday, November 27, 2015

Amendment of Section 14 of THE ARBITRATION AND CONCILIATION (AMENDMENT) ORDINANCE, 2015


Section 14 of THE ARBITRATION AND CONCILIATION Act 1996
14. Failure or impossibility to act.—
(1) The mandate of an arbitrator shall terminate if—
(a) he becomes de jure or de facto unable to perform his functions or for other reasons fails to act without undue delay; and
(b) he withdraws from his office or the parties agree to the termination of his mandate.
(2) If a controversy remains concerning any of the grounds referred to inclause (a) of sub-section (1), a party may, unless otherwise agreed by the parties, apply to the Court to decide on the termination of the mandate.
(3) If, under this section or sub-section (3) of section 13, an arbitrator withdraws from his office or a party agrees to the termination of the mandate of an arbitrator, it shall not imply acceptance of the validity of any ground referred to in this section or sub-section (3) of section 12.



Amendment



9. In section 14 of the principal Act, in sub-section (1), in the opening portion, for the words “The mandate of an arbitrator shall terminate it", the words “The mandate of an arbitrator shall terminate and he shall be substituted by another arbitrator, it” shall be substituted.