Examveda
Examveda

Which of the following is incorrect statement:

A. Under section 40, the arbitration agreement shall not be discharged by death of the party

B. Under section 40, where the death occurs during the course of the arbitral proceedings, all the legal representatives are bound by the award

C. Under section 40, the legal representatives are bound by the award if death occurs during the course of proceedings, but after the death a new arbitrator has to be appointed

D. None of the above

Answer: Option C


This Question Belongs to Law >> Arbitration And Conciliation Act

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Related Questions on Arbitration and Conciliation Act

An Arbitration Agreement dated 1st December, 2018 provides for reference of disputes to four arbitrators with two to be appointed by each of the parties. The Arbitration Agreement:

A. Is void and non-actionable

B. Is to be construed as being of reference of disputes to a sole arbitrator

C. Is to be construed as being of reference of disputes to three arbitrators

D. Is to be construed as being of reference of disputes to five arbitrators with the fifth arbitrator being nominated by the two arbitrators of each party