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CS Professional · Arbitration, Mediation and Conciliation · Challenge to Award and Appeals

In an arbitration between Kavya Textiles and Nair Exports, the sole arbitrator has not issued any procedural order for many months without explanation. Kavya Textiles alleges he has failed to act without undue delay, but Nair Exports and the arbitrator dispute this, and no one withdraws or agrees to termination. The parties have not agreed otherwise on the forum. What may Kavya Textiles do?

Kavya Textiles may apply to the Court to decide on termination of the mandate. Section 14(2) allows this where a controversy remains about the arbitrator's inability or failure to act, unless the parties have agreed otherwise. A party cannot unilaterally declare the mandate ended.

  1. AApply to the Court to decide on the termination of the mandateCorrect
  2. BSimply treat the mandate as terminated on its own assessment
  3. CSend a written statement to the tribunal within fifteen days and await its sole decision
  4. DWait for the award and then claim the mandate had ended

Explanation

Under Section 14(2), if a controversy remains about the grounds in Section 14(1)(a), a party may, unless otherwise agreed, apply to the Court to decide on termination. The fifteen-day tribunal procedure belongs to challenges under Section 13, not to this situation.

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