Question

    On death of party, arbitration

    agreement____.
    A shall be discharged by the death of any party thereto either as respects the deceased or as respects any other party. Correct Answer Incorrect Answer
    B shall not be discharged by the death of any party as respects the deceased but shall be discharged as respects any other party Correct Answer Incorrect Answer
    C shall not be discharged by the death of any party thereto either as respects the deceased or as respects any other party. Correct Answer Incorrect Answer
    D shall be discharged by the death of any party thereto as respects the deceased but not as respects any other party. Correct Answer Incorrect Answer
    E shall not be discharged by the death of any party thereto either as respects the deceased or as respects anyone Correct Answer Incorrect Answer

    Solution

    As per Arbitration and Conciliation Act, 1996 S.40. Arbitration agreement not to be discharged by death of party thereto.PreviousNext (1) An arbitration agreement shall not be discharged by the death of any party thereto either as respects the deceased or as respects any other party, but shall in such event be enforceable by or against the legal representative of the deceased. (2) The mandate of an arbitrator shall not be terminated by the death of any party by whom he was appointed. (3) Nothing in this section shall affect the operation of any law by virtue of which any right of action is extinguished by the death of a person.

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