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Report No. 76

3.10. Section 6(2.- Recommendation.-

Sub-section (2) of section 6 provides that the authority of arbitrator shall not be revoked by the death of any party by whom he was appointed. A vital question relates to the words "by death of any party by whom he was appointed". The present phraseology would give the impression that death of a party to the agreement is a matter on which the legislature has to say nothing if that party is not one by whom the arbitrator was appointed. At common law, the position was that the authority of an arbitrator or umpire was terminated by the death of a party to the agreement.1 This position needs to be modified for practical reasons.

1. Sircar, (1942), p. 100.

Arbitration Act, 1940 Back

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