Question

    Under what circumstances does the mandate of an

    arbitrator terminate and a substitution occur?
    A The arbitrator’s mandate terminates if they retire from their position, and the parties do not agree on a replacement Correct Answer Incorrect Answer
    B The arbitrator’s mandate terminates if they become unable to perform their functions or fail to act without undue delay, and if they withdraw or the parties agree to terminate their mandate Correct Answer Incorrect Answer
    C The arbitrator’s mandate ends if they are unavailable for one arbitration session, regardless of any other conditions Correct Answer Incorrect Answer
    D The arbitrator’s mandate is terminated if they disagree with the arbitration outcome, and a new arbitrator is appointed by the court Correct Answer Incorrect Answer
    E The mandate terminates automatically after the completion of the first arbitration hearing, and the parties must appoint a new arbitrator for further proceedings Correct Answer Incorrect Answer

    Solution

    Arbitration and Conciliation Act Section 14. Failure or impossibility to act—(1) The mandate of an arbitrator shall terminate and he shall be substituted by another arbitrator, 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.

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