Termination of mandate and substitution of arbitrator
Section 15 of the Arbitration and Conciliation Act, 1996 deals with termination of mandate and substitution of arbitrator. In addition to the circumstances referred to in section 13 or section 14, the mandate of an arbitrator shall terminate— (a) where he withdraws from office for any reason; The Act came into force on 22 Aug 1996.
(1) In addition to the circumstances referred to in section 13 or section 14, the mandate of an arbitrator shall terminate—
(a) where he withdraws from office for any reason; or
(b) by or pursuant to agreement of the parties.
(2) Where the mandate of an arbitrator terminates, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator being replaced.
(3) Unless otherwise agreed by the parties, where an arbitrator is replaced under sub-section (2), any hearings previously held may be repeated at the discretion of the arbitral tribunal.
(4) Unless otherwise agreed by the parties, an order or ruling of the arbitral tribunal made prior to the replacement of an arbitrator under this section shall not be invalid solely because there has been a change in the composition of the arbitral tribunal.
Section 15, The Arbitration and Conciliation Act, 1996 (Act 26 of 1996).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Yashwith Construction P. LTD vs Simplex Concrete Piles India Lt
Court's Decision & Legal Precedent
When an arbitrator withdraws from office for any reason, falling within Section 15(1)(a) of the Arbitration & Conciliation Act, 1996, a substitute arbitrator must be appointed according to the rules applicable to the appointment of the original arbitrator. The term 'rules' in Section 15(2) encompasses not only statutory rules or rules framed under the Act or Scheme, but also the provisions for appointment contained in the arbitration agreement itself. Therefore, when an arbitration agreement authorizes a party to appoint an arbitrator, that party retains the authority to appoint a substitute arbitrator upon the original arbitrator's withdrawal, without requiring intervention from the Chief Justice under Section 11(6), which applies only when a party has failed to fulfill its obligations under the arbitration agreement.
On this section: Grounds for termination of arbitrator's mandate, including withdrawal for any reason
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Dani Wooltex Corporation vs Sheil Properties Private Limited
Court's Decision & Legal Precedent
The power under clause (c) of subsection (2) of Section 32 of the Arbitration and Conciliation Act, 1996, can be exercised only when the Arbitral Tribunal records its satisfaction based on material on record that the continuation of proceedings has become unnecessary or impossible. Abandonment of a claim can be a ground to invoke this power, but abandonment cannot be readily inferred. Abandonment can be express or implied, but implied abandonment requires admitted or proved facts that are so clinching and convincing that the only inference which can be drawn is of abandonment. Mere failure of a claimant to request the Arbitral Tribunal to fix a date for hearing, per se, is no ground to conclude that the proceedings have become unnecessary or that the claim has been abandoned. It is the Arbitral Tribunal's duty to fix meetings and hearing dates, and it cannot abdicate this duty by requiring parties to request such dates. The Arbitral Tribunal cannot exercise its power under Section 32(2)(c) casually or without proper factual foundation, as doing so would defeat the very object of the Arbitration Act.
On this section: Termination of arbitrator's mandate; distinction from termination of arbitration proceedings
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 15
What have the courts held on Section 15 of the Arbitration and Conciliation Act?
Yashwith Construction P. LTD vs Simplex Concrete Piles India Lt (03 Jul 2006) is the leading judgment on this section among those set out below: Grounds for termination of arbitrator's mandate, including withdrawal for any reason. Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 2006 to 2024.
How do I find court cases under Section 15 of the Arbitration and Conciliation Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Arbitration Act 15, section 15 Arbitration Act, section 15 of the Arbitration and Conciliation Act. People searching for it also type arbitration act cap 15 re 2023. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Yashwith Construction P. LTD vs Simplex Concrete Piles India Lt (03 Jul 2006).
What should I read with Section 15 of the Arbitration and Conciliation Act, and has it changed?
Its own text turns on section 13 (Challenge procedure), section 14 (Failure or impossibility to act), so none of them can safely be read on its own.
When did Section 15 of the Arbitration and Conciliation Act come into force?
Section 15 of the Arbitration and Conciliation Act, cited as Arbitration Act 15, came into force on 22 Aug 1996, having been enacted on 16 Aug 1996. It is in force as at the date shown on this page.
Other sections of this Act
- 8. Power to refer parties to arbitration where there is an arbitration agreement1029 words
- 11. Appointment of arbitrators1027 words
- 34. Application for setting aside arbitral awards861 words
- 2. Definitions732 words
- 29A. Time limit for arbitral award635 words
- 57. Conditions for enforcement of foreign awards519 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.