While Sections 14 and 15 of the Arbitration and Conciliation Act, 1996, provide for the termination of an arbitrator's mandate (due to death, resignation, or failure to act), the mandate cannot be terminated in the following circumstances:
During the Pendency of a Section 13 Challenge: If a party challenges an arbitrator for lack of independence or impartiality, and the arbitrator does not withdraw, the tribunal must continue the proceedings and make an award. The mandate cannot be terminated mid-way; the party must wait and challenge the final award under Section 34.
Without "Just Cause" or Consent: A party cannot unilaterally fire an arbitrator just because they dislike a preliminary ruling. Termination requires either mutual consent of both parties or a proven "legal or factual inability" to perform functions.
Mere Death of a Party: Under Section 40, the death of a party does not terminate the mandate of the arbitrator. The proceedings continue with the legal representatives of the deceased.
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