Removal of Arbitrator, Substitution of arbitration tribunal (Section 12-15 of Arbitration and Conciliation Act)

What if parties who selected Arbitrator don't like the arbitrator ? What if Arbitrator don't like the parties ? Can arbitrator be removed ?

Section 12 to 15 answers above questions.

Below are the ways by which arbitrator is terminated.

Voluntary withdrawal by arbitrator

Arbitrator may not like an issue, which could turn out more complex, or he may feel that remuneration is not enough, in those cases he can voluntary withdraw from arbitration proceedings. Section 14 clause 3 have provision related to this, and clause 1 of Section 15.

It's not mandatory for arbitrator to disclose the reason for withdrawal.

All party agree that Arbitrator is not good ,or should be removed

For whatever reason, like Arbitrator is not attending hearing on time, is unable to understand the dispute etc, if both parties agree that arbitrator should be removed, then arbitrator has to go

Operation of Law

Arbitrator is unable to continue

For some reason like health emergency or other, if arbitrator is unable to continue, then he can be removed. Section 14(1)(a) have provision related to this.  If by fact or by law (Arbitrator is put to jail) arbitrator unable to carry out his duties, then he can be terminated.

Completion of arbitration proceedings

If process is complete, then arbitrator will no more be arbitrator. It could end in below ways
  1. Final award has been made as per section 32
  2. Failure to make an award within 12 months as per section 29A,or termination of extension
  3. When parties withdraw from arbitration as  per section 25

Court termination of arbitrator

If it is found that arbitrator is acting patently bias, then challenge can be raised first before tribunal itself, then courts (District or high court) and court after hearing can terminate the arbitrator.

As per section 12, Arbitrator has to disclose any relationship with the parties. After starting of proceedings if such relationship is arisen, then also court can remove the arbitrator is party challenges the arbitrator.







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