Discuss the grounds under which the termination of the Authority of arbitrator mandate?

Discuss the ground under which the termination of the authority of arbitrator mandate ?

Answer:-
   
Introduction :

       There was no provision corresponding to the Act of 1940 providing for compulsory termination of mandate of arbitrator. Under Section 11(1)  of the Act of ,1940 The Court could on the application of any party to a reference, remove  an arbitrator or umpire I who failed to use all reasonable dispatch in entering upon or  proceeding with the reference and making an award

Grounds for terminations

            grounds for termination of the Authority of Arbitrator or mandate -

A) Section 14   failure or impossibility  to act on ground for termination of the authority of arbitrator or mandate.

The authority of an arbitrator or mandate shall terminate if-

A. The arbitrator becomes de jure or de  facto  unable to perform his function; or
B. for some other reasons fails to act without undue delay ; or

C. the arbitrator withdraw from his office ; or

D. the parties agree to the termination of his authority as an arbitrator .

       It is a compulsory termination of the mandate of arbitrator . If there is dispute between the parties as to whether arbitrator either in law or factually has become an unable  to perform his functions or for some other  reasons  failed  to act without undue delay which dispute could not be resolved by agreement between the parties , any party may apply to the court to decide on the determination of the authority of the arbitrator .

B) Section .15 Termination of mandate and substitution of arbitrator -
        these are additional grounds for termination of mandate and appointment of substitute arbitrator under section 13 and 14.  as per section 15 the mandate of an arbitrator shall terminate .-
1) where he withdraws from office for any reason; or
2) by or pursuant to agreement of the parties.
where the mandate or arbitration terminates, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator be replaced .

If an arbitrator is replaced, any hearing previously held may be repeated at the discretion of arbitral Tribunal unless otherwise agreed by the parties.
        Unless otherwise agreed by the parties , an order and ruling of arbitral Tribunal made Prior  to the replacement of An arbitrator under this section shall not be invalid solely because there has been a change is the composition of arbitral Tribunal.

Conclusion-

The  Arbitration and conciliation Act 1996 under section 14 provides for Grounds of termination of authority of arbitrator or mandate if -

A. The arbitrator becomes de jure or de facto unable to perform his function; or

B. For some other reasons fails to act without undue delay;  or

C. The arbitrator withdraws  from his office; or

D. the parties agrees  to the termination of his authority as an Arbitrator.

On  substitution of arbitrator, the arbitration proceedings are to be held to novo unless the parties to arbitration otherwise agree that the proceedings  may be continued from the stage where the same were at the time when the authority of the arbitrator was terminated.