Law and justice explained
How is a substitute arbitrator appointed after resignation or inability?
When an arbitrator's mandate ends, Sections 14–15 and the agreed appointment rules govern substitution. Replacement does not automatically nullify every earlier procedural step.
Written by
Advocate Amardeep Jaiswal
Advocate, High Court of Madhya Pradesh, Jabalpur
Key points
- How is a substitute arbitrator appointed after resignation or inability?
- Direct answer When an arbitrator's mandate ends, Sections 14–15 and the agreed appointment rules govern substitution.
- Replacement does not automatically nullify every earlier procedural step.
Detailed analysis
Understanding law and procedure
How is a substitute arbitrator appointed after resignation or inability?
Direct answer
When an arbitrator's mandate ends, Sections 14–15 and the agreed appointment rules govern substitution. Replacement does not automatically nullify every earlier procedural step.
Legal position and important distinctions
Resignation, disqualification, death and inability can have different procedural routes.
Section 15 generally looks to the rules applicable to the original appointment.
How the situation works in practice
- Whether prior recorded evidence requires rehearing depends on the governing process.
- Time limits, court extensions and fee adjustments may also matter.
Practical next steps
- Obtain the termination record.
- Identify the original appointment method and vacancy.
- Secure the substitute's disclosures and a fresh timetable.
Avoid this common mistake
Do not assume that replacing an arbitrator invariably restarts the entire hearing from zero.
Official legal source and disclaimer
India Code — Arbitration and Conciliation Act, 1996
General legal information only. The result depends on the agreement, applicable amendments, dates, jurisdiction and record. This is not individual legal advice or a promise of success; verify the current law and binding decisions before publication or action.
Legal disclaimer
Articles on this website are provided for general information and legal awareness. Analysis and commentary reflect the author’s understanding and opinion. The material is not personalised legal advice, an official view of a court or a guarantee of any result.
Despite reasonable care, the material may contain errors, omissions, translation differences or outdated information. Laws, notifications and judicial decisions can change. Before making a decision about action, investment, litigation or a deadline, verify primary sources and your documents and obtain independent advice suited to your circumstances. External links are references; their content and availability are not guaranteed.
Reading, sharing or making a general enquiry does not by itself create an advocate-client relationship. Possible benefit, loss or outcome in a case depends on its facts and applicable law. Please report a factual error for correction.
To the extent permitted by law, the author and website operator do not accept liability for loss arising from decisions, action or inaction based solely on this general material. This disclaimer does not exclude or restrict any statutory liability, professional duty or reader’s right that cannot lawfully be excluded or restricted.
To share the full picture on WhatsApp, download the card and add the article link as its caption.
About the author
Advocate Amardeep Jaiswal
Advocate, High Court of Madhya Pradesh, Jabalpur।
Publishes informational articles on Indian law, judicial decisions and practical legal issues.
Editorial note: Analysis and commentary reflect the author’s understanding and opinion. Law, facts and judicial developments may change; check primary sources and your own circumstances before acting.