Whether the death of any party will effect the arbitration agreement entered into by them?

(1) Introduction

Section No. 6 of Arbitration Act provides that death of any party to arbitration agreement does not affect arbitration agreement. In fact, this section can be divided into three parts: first part is about arbitration agreement, second part is about authority of arbitrator, and third part is about right to sue.

(2) Effect Of Death Of Any Party On Arbitration Agreement

Effect Of Death Of Any Party On Arbitration Agreement
Effect Of Death Of Any Party On Arbitration Agreement

According to Section No. 6 of Arbitration Act, following points are important for explanation of this question whether death of any party to arbitration agreement affects arbitration agreement or not:

  • (i) Death of party & arbitration agreement
  • (ii) Death of party & authority of arbitrator
  • (iii) Right of litigation

 (i) Death Of Party & Arbitration Agreement

With respect to deceased party or any other party, arbitration agreement should not be discharged by death of any of parties to arbitration agreement.

(ii) Death Of Party & Authority Of Arbitrator

Authority of arbitrator should not be revoked by death of any party by whom he/she was appointed. (ii)

(ii) Right Of Litigation

Nothing in this section is to affect operation of any law by virtue of which any right of action is extinguished by death of a person. Right of office, right of pre-emption, right of malicious prosecution, right of damages for defamation, suit for injunction and so on are extinguished by death of party.

(3) Conclusion

To conclude, it can be stated that it has been provided in this section that arbitration agreement remains enforceable by or against legal representative of deceased party to arbitration agreement. However, this section does not remain applicable when right relates to deceased party or right is extinguished with death of deceased party or right to sue for such right has been extinguished.

You can study more about death of any party will effect the arbitration agreement by clicking here

(Here, you can see another questions relating to the Minor Acts. by clicking here)

Leave a Reply

Your email address will not be published. Required fields are marked *

B i l a l - T a h i r