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Report No. 76

3.11. Section 6(2.- Recommendation.-

In order to improve the language of the section on these points, we recommend that section 6(2) should be revised as follows:-

"The authority of an arbitrator shall not be terminated by the death of any party to the agreement.1

1. Para. 3.10, supra.

3.11A. Section 6(3).-

Sub-section (3) of section 6 provides that nothing in the section shall affect the operation of any law by virtue of which any "right of action" is extinguished by the death of a person.1 The application of this sub-section obviously requires a knowledge of the rules of law relating to the survival of causes of action-a matter primarily dealt with in the Succession Act.342-3 Comparable to section 6(3) is Order 22, rule 1 of the Code of Civil Procedure, 1908, under which death does not in itself affect the life of a suit if the "right to sue" survives. No changes are required in this sub-section.

1. See Dutta v. Khedu, 1911 ILR 33 All 645.

2. Section 306, Indian Succession Act, 1925.

3. Compare sections 2 and 3, Arbitration Act, 1950 (English).

Arbitration Act, 1940 Back

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