Section 14 of The Arbitration Act

Posted on by Rudrajyoti Nath Ray

“It is clear from the bare reading of Sub­-Section 1(a) of Section 14 that mandate of an Arbitrator shall terminate if it fails to act without undue delay. In the instant case, the Arbitrator became de jure unable to perform his functions. The parties agreed to bind themselves by the time fixed for the Arbitration and/or schedule of time limit in such Arbitration Proceedings. There is no reason not to accept the same. Section 14 read with Section 15 of the 1996 Act recognizes the Arbitrator indeed became de jure unable to perform his functions and the mandate to act as an Arbitrator in the Arbitral Proceedings stood terminated.”

– Hon’ble Justice Ajay Rastogi, Jayesh H. Pandya v. Subhtex India Ltd., [Civil Appeal No. 6300 of 2009].

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