Termination of the Arbitrator's Mandate

In one line

Sections 14 and 15 together list every way an arbitrator's mandate ends, provide for a substitute appointed by the same rules that governed the original appointment, and preserve what was decided before the change.

Section 15(1): the additional grounds

IN ADDITION to the circumstances referred to in SECTION 13 OR SECTION 14, the mandate of an arbitrator SHALL TERMINATE:

(a) where he WITHDRAWS FROM OFFICE FOR ANY REASON; or

(b) BY OR PURSUANT TO AGREEMENT OF THE PARTIES.

Reading sections 13, 14 and 15 together gives the complete list of ways a mandate ends, and an answer that gives the list scores:

A successful CHALLENGE under section 13;

DE JURE OR DE FACTO INABILITY to perform, or a failure to act without undue delay, under section 14(1)(a);

WITHDRAWAL, under section 14(1)(b) or section 15(1)(a);

AGREEMENT OF THE PARTIES, under section 14(1)(b) or section 15(1)(b);

And the expiry of the time limit under SECTION 29A(4), where the mandate of the arbitrator TERMINATES on the expiry of the period for making the award unless the Court has extended it.

To which must be added the ordinary end of the reference: TERMINATION OF THE PROCEEDINGS under SECTION 32, on the final award or on an order of the tribunal, whereupon the mandate ends with the proceedings.

Section 15(2): the substitute

Where the mandate of an arbitrator terminates, A SUBSTITUTE ARBITRATOR SHALL BE APPOINTED ACCORDING TO THE RULES THAT WERE APPLICABLE TO THE APPOINTMENT OF THE ARBITRATOR BEING REPLACED.

The rule is that the machinery repeats itself. If the original was a party's nominee, that party nominates the substitute; if he was appointed by the court under section 11, the court appoints again. The parties do not get a fresh opportunity to renegotiate the composition of the tribunal.

Section 15(3): repetition of hearings

Unless otherwise agreed by the parties, where an arbitrator is replaced, ANY HEARINGS PREVIOUSLY HELD MAY BE REPEATED AT THE DISCRETION OF THE ARBITRAL TRIBUNAL.

The discretion is the tribunal's, not a party's right. A substitute who has not heard the oral evidence may direct that it be given again, and in practice the tribunal reads the record and repeats only what needs to be seen and heard.

Section 15(4): the saving

Unless otherwise agreed by the parties, AN ORDER OR RULING OF THE ARBITRAL TRIBUNAL MADE PRIOR TO THE REPLACEMENT of an arbitrator SHALL NOT BE INVALID SOLELY BECAUSE THERE HAS BEEN A CHANGE IN THE COMPOSITION of the arbitral tribunal.

This is the provision that makes a long arbitration survivable. Interim orders, procedural directions and rulings on jurisdiction all stand, and only the word "solely" limits it: a ruling bad for some other reason is not saved.