Arbitration and Conciliation Act, 1996
Arbitration and Conciliation Act, 1996
X · Section 40

Arbitration agreement not to be discharged by death of party thereto

Synced on 04 Jul 2026Text as per India Code

(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 been forceable 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.

Judgments on Section 40