Under Section 2(1)(g) of the Arbitration and Conciliation Act, 1996, the term "Legal Representative" is defined broadly to ensure that legal rights and liabilities do not vanish upon the death of a party.
Definition: It means a person who in law represents the estate of a deceased person.
Inclusions: It includes any person who intermeddles (deals) with the estate of the deceased.
Representative Capacity: Where a party sues or is sued in a representative character, the person on whom the estate devolves (passes) on the death of the party so suing or sued is also considered a legal representative.
Significance: In arbitration, the death of a party does not terminate the agreement; the "Legal Representative" steps in to continue the proceedings or enforce the award (Section 40).
No comments:
Post a Comment