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Failure or impossibility to act

1.     The, mandate of an arbitrator shall terminate if-

a.     he becomes de jure or de facto unable to perform his functions or for other reasons fails to act without undue delay; and

b.    he withdraws from his office or the parties agree to the termination of his mandate.

2.     If a controversy remains concerning any of the grounds referred to in clause (a) of sub-section (1), a party may, unless otherwise agreed by the parties, apply to the Court to decide on the termination of the mandate.

3.     If, under this section or sub-section (3) of section 1.3, an arbitrator withdraws from his office or a party agrees to the termination of the mandate of an arbitrator, it shall not imply acceptance of the validity of any ground referred to in this section or sub-section (3) of section 12.

 



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