2017-11-30
402
(1) The parties are free to agree with an arbitrator as to the consequences of his resignation as regards—
(a) his entitlement (if any) to fees or expenses, and
(b) any liability thereby incurred by him.
(2) If or to the extent that there is no such agreement the following provisions apply.
(3) An arbitrator who resigns his appointment may (upon notice to the parties) apply to the court—
(a) to grant him relief from any liability thereby incurred by him, and
(b) to make such order as it thinks fit with respect to his entitlement (if any) to fees or expenses or the repayment of any fees or expenses already paid.
(4) If the court is satisfied that in all the circumstances it was reasonable for the arbitrator to resign, it may grant such relief as is mentioned in subsection (3)(a) on such terms as it thinks fit.
(5) The leave of the court is required for any appeal from a decision of the court under this section.
Arbitration Act 1996. S. 26 Death of arbitrator or person appointing him
(1) The authority of an arbitrator is personal and ceases on his death.
(2) Unless otherwise agreed by the parties, the death of the person by whom an arbitrator was appointed does not revoke the arbitrator’s authority.
Arbitration Act 1996. S. 27 Filling of vacancy, &c
(1) Where an arbitrator ceases to hold office, the parties are free to agree—
(a) whether and if so how the vacancy is to be filled,
(b) whether and if so to what extent the previous proceedings should stand, and
(c) what effect (if any) his ceasing to hold office has on any appointment made by him (alone or jointly).
(2) If or to the extent that there is no such agreement, the following provisions apply.
(3) The provisions of sections 16 (procedure for appointment of arbitrators) and 18 (failure of appointment procedure) apply in relation to the filling of the vacancy as in relation to an original appointment.
(4) The tribunal (when reconstituted) shall determine whether and if so to what extent the previous proceedings should stand.
This does not affect any right of a party to challenge those proceedings on any ground which had arisen before the arbitrator ceased to hold office.
(5) His ceasing to hold office does not affect any appointment by him (alone or jointly) of another arbitrator, in particular any appointment of a chairman or umpire.
