Section 15: Termination of mandate and substitution of arbitrator

Arbitration and Conciliation Act, 1996 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1996
Statutory Defined Terms in this Section: (Click any term for official legal definition)

Legal Commentary & Landmark Judgments: Section 15

Section 15 of the Arbitration and Conciliation Act, 1996 provides for the termination of the mandate and substitution of an arbitrator, prescribing that a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator being replaced.

  • Circumstances of Substitution: Mandate terminates where arbitrator withdraws from office for any reason or pursuant to agreement of parties.
  • Rules of Appointment Applicable: A substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator being replaced.
  • Discretion Regarding Prior Hearings: Unless agreed by parties, hearings previously held may be repeated at the discretion of the reconstituted tribunal.
  • Preservation of Prior Orders: Prior orders or rulings of the tribunal shall not be invalid solely because of change in composition.
Key Landmark Precedents:
  • Yashwitha Constructions (P) Ltd. v. Simplex Concrete Piles India Ltd., (2006) 6 SCC 204: The Supreme Court held that Section 15(2) applies whenever an arbitrator's mandate terminates; substitution must follow the original appointment mechanism, and if the party defaults, Section 11 can be invoked.
  • Shailesh Dhairyawan v. Mohan Balkrishna Lulla, (2016) 3 SCC 619: Affirmed that the arbitration agreement does not perish with the death or resignation of a named arbitrator; a substitute must be appointed under Section 15.
Courtroom Practice & Strategic Litigation Guidance:

Upon the resignation or demise of an arbitrator, issue a formal demand under Section 15(2) calling upon the opposing party to appoint a substitute arbitrator within thirty days; upon default, move the High Court under Section 11(6).