Death of Arbitrator: Key Legal Provisions Explained

2022 0 Supreme(Jhk) 1293

The Hon’ble Apex Court in the case of ACC Limited Vrs. Global Cements Limted (supra), has considered the fact in case of death of named arbitrator where the issue was whether, on the death of a named arbitrator, the arbitration agreement survives or not? ... There is no dispute after the issue having been settled by the Hon’ble Apex Court in the case of ACC Limited Vrs....

2024 0 Supreme(Gau) 1469

In this context Hon’ble Supreme Court has held that since the legal heirs of the judgment debtor were not parties to the partnership deed and that the partnership stands dissolved statutorily, by operation of law, in view of provision of Section 42(c) of the Indian Partnership Act, 1932, in view of death ... by operation of law. ... But, inspite of this the learned trial court has held that the partnership firm stands itse....

In the instant case the evidence mostly of a documentary nature was admittedly concluded before the first arbitrator and only the written submissions were due at the time of the death of the first Arbitrator. ...     In the instant case Mr. M. T. ... Held (1) On the death of the Arbitrator the Minister can appoint a new arbitrator. Per Sriska....

2025 0 Supreme(Telangana) 24

In any case, the judgment cannot be read as laying down a proposition of law that in the absence of a specific provision in the arbitration clause, either party to the agreement can appoint a substitute arbitrator in the event of the originally appointed arbitrator refusing to act. ... In any case, the judgment cannot be read as laying down a proposition of law that in ....

2022 0 Supreme(MP) 1263

When the suit itself is not maintainable, then there is no need to refer the case to an Arbitrator. In support of his contention, he has placed reliance on the judgment of the Apex Court in the case of K.K. Modi V/s. K.N. ... It is also settled law that even if the agreement between the parties is expired or rescinded, the arbitration clause in the agreement survives. All these conditions are fulfilled in the present #HL_S....

2023 Supreme(Online)(MP) 27265

It is also settled law that even if the agreement between the parties is expired or rescinded, the arbitration clause in the agreement survives. All these conditions are fulfilled in the present case and, therefore, this application is liable to be allowed. ... 12.In the case of M/s. ... When the suit itself is not maintainable, then there is no need to refer the case to an Arbitrator. In support of his....

66.9 In the event of the death of the arbitrator or his unwillingness or inability to act, then Datuk Bandar and the Contractor upon agreement shall appoint another person to act as the arbitrator, and in the event Datuk Bandar and the Contractor fail to agree on the appointment of an arbitrator ... [2010] 5 MLJ 145 at 192 If common law of England is being evolved, there is also expected a consequential....

2023 0 Supreme(Del) 4447

The arbitrator's law firm had a previous but terminated involvement in the case without the arbitrator being involved himself or herself. 7. ... In such a case i.e. a case which falls under Section 12(5), Section 14(1)(a) of the Act gets attracted inasmuch as the arbitrator becomes, as a matter of law (i.e. de jure), unable to perform his functions under Section 12(5), ....

2023 0 Supreme(Del) 322

In any case, regard must be had to the fact that, even when the said provision was originally introduced by Act 3 of 2016, it was ordained to operate retrospectively with effect from 23 October 2015. ... In the case of Shapoorji (supra), the Court held that the amended Section 29A(1) of the Act being a procedural law would also apply to the pending arbitrations as on the date of the amendment. ... (iii) Every litigant has ....

2025 0 Supreme(Telangana) 291

Objection can be raised by the parties only if there is a clear prohibition or debarment in resolving the question or dispute or difference between the parties in case of death of the named arbitrator or their non-availability, by a substitute arbitrator. 30. ... In the said case, arbitrators were named to decide the disputes under the agreement. Disputes arose after the death of the nam....

2022 0 Supreme(Raj) 326

"The claim in a petition for winding up is nor for money. After considering the said provision as also the facts of the said case, the Supreme Court held that what can be referred to the arbitrator is only that dispute or matter which the arbitrator is competent or empowered to decide. The Supreme Court while dealing with the aforesaid plea referred to the provisions of Section 8 of the 1996 Act, which provides that the judicial authority before whom an action is brought in a....

2015 0 Supreme(Raj) 537

However, what requires consideration is whether in the facts and circumstances of the case in hand, this provision of law is applicable or not. In view of the order passed by the Hon'ble High Court much discussion is not required on the points. There is no dispute on the point about the applicability of the principle of Res Judicata and constructive Res Judicata being applicable in Arbitration proceedings. The suit before the Civil Court was for injunction and redressal of ot....

2015 0 Supreme(Cal) 502

The question arises what would happen if before the said issue is decided, the mandate of the arbitrator is terminated either by reason of death of the arbitrator or otherwise. In the instant case, none of the parties has taken any step for supplying the vacancy. Unless there is a clear specific bar that no other person other than the named arbitrator can proceed with the said arbitration and with the death of the said arbitrator the arbitration agreement would come to an end....

2014 0 Supreme(Jhk) 272

It is needless to say that the occurrence took place within Hindpirhi Police Station, and the certificate was issued by Sukhdeo Nagar P.S. Again, it is reiterated that in connection with Hindpirhi PS case No 129 of 1988, charge sheet under section 279/338 IPC was submitted and cognizance was taken and, therefore, till submission of the charge sheet, death of any person, what to say of Mantulal Karmakar, was completely unknown and the trial proceeded against the accused for the offences punisha....

2006 0 Supreme(Del) 826

Apart from the provisions for impleading parties by reason of the right to sue surviving on the death of parties provision is made in O. XXII, R. 10 to cover cases of devolution of any interest during the pendency of a suit. Similarly there is provision as to abatement in the case of death of a defendant and failure to seek to implead the legal representative so as to continue the proceedings. That rule provides that in other cases of an assignment, creation or devolution of ....