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Report No. 176

2.11.1 Termination of the mandate of an arbitrator:

Sections 14 and 15: Sections 14 and 15 deal with termination of the mandate of an arbitrator. It was suggested that a provision should be made for fixing their fee. This suggestion is accepted. It has been suggested that in sec. 15(2), a provision regarding appointment of a substitute arbitrator within 30 days from the date of termination of the mandate of an arbitrator, may be fixed, unless the rules provide otherwise. This suggestion is also accepted. The proposed amendments in section 14 and 15 are as follows:

2.11.2 In section 14 of the Principal Act, after subsection (3), the following subsection shall be inserted, namely:

"(4) Where the mandate of the arbitrator has been terminated, the court may decide the quantum of fee payable to such arbitrator ."

2.11.3 In section 15 of the Principal Act,-

(a) in subsection (2) for the words "a substitute arbitrator shall be appointed", the words " a substitute arbitrator shall be appointed within a period of thirty days" shall be substituted;

(b) after sub-section (4) the following sub-section shall be inserted namely:-

"(5) Where the mandate of an arbitrator has been terminated, the court may decide the quantum of fee payable to such arbitrator."



The Arbitration and Conciliation (Amendment) Bill, 2001 Back




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