When would the Arbitral Tribunal shall issue an order for the termination of Arbitral Proceedings under Arbitral and Concilliation Act, 1996.

CS Executive · Economic and Commercial Laws · PYQS · December 2020
When would the Arbitral Tribunal shall issue an order for the termination of Arbitral Proceedings under Arbitral and Concilliation Act, 1996.

Answer & Explanation:

As per section 32 (1) of the Arbitration and Conciliation Act, 1996, the arbitral proceedings shall be terminated by the final arbitral award or by an order of the arbitral tribunal under sub-section (2). Under section 32 (2) the arbitral tribunal shall issue an order for the termination of the arbitral proceedings where the claimant withdraws his claim, unless the respondent objects to the order and the arbitral tribunal recognizes a legitimate interest on his part in, obtaining a final settlement of the dispute, the parties agree on the termination of the proceedings, or the arbitral tribunal finds that the continuation of the proceedings has for any other mason become unnecessary or impossible. Section 32(3) says that the mandate of the arbitral tribunal terminates with the termination of the arbitral proceedings subject to Section 33 and Section 34 (4) of the Arbitration and Conciliation Act, 1996. The aforesaid are circumstances wherein the arbitral proceedings can stand terminated.

Topics: Arbitration and Conciliation Act

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