Section 12 Arbitration and Mediation Act

Section 12 Arbitration and Mediation Act 2023 is about Withdrawal, death and cessation of office of an arbitrator. It is under Part I (Arbitration) of the Act.

(1) The parties may agree with an arbitrator as to the consequences of the arbitrator’s withdrawal from office as regards –
(a) the arbitrator’s entitlement, if any, to fees or expenses; and
(b) any liability incurred by the arbitrator.

(2) Where there is no agreement referred to in subsection (1)-

(a) an arbitrator who withdraws from appointment may, upon notice to the parties, apply to the appointing authority designated by the parties or, failing such designation, apply to the Court to –
(i) grant the arbitrator relief from any liability incurred by the arbitrator, and
(ii) make any order as it deems fit with respect to the arbitrator’s entitlement, if any, fees, expenses or the refund of any fees or expense already paid; and

(b) where the appointing authority or, where applicable, the Court is satisfied that it was reasonable for the arbitrator to withdraw, the Court may grant any relief under paragraph (a) on such terms as it deems fit.

(3) Subject to subsection (6), the authority of an arbitrator is personal and ceases upon the death of the arbitrator. ·

(4) Where the mandate of an arbitrator terminates under section 10 of this Act, or by resignation or death, the parties may agree –
(a) whether and to what extent the previous proceedings should stand; and
(b) in the event of the death of the arbitrator, the sum, if any to be paid to the estate of the arbitrator for work done and the refund of expenses incurred.

(5) Where and to the extent that there is no such agreement, the tribunal when reconstituted shall determine –
(a) whether and to what extent the previous proceedings shall stand; and
(b) the sum, if any, payable to the estate of the deceased arbitrator.

(6) The arbitrator’s ceasing to hold office does not affect any appointment made alone or jointly with another arbitrator, in particular, any appointment of a presiding arbitrator.