Death of party

In force

(1)

Unless otherwise agreed by the parties, if a party to an arbitration agreement dies the agreement is not discharged (either as respects the deceased or any other party) and the authority of an arbitral tribunal is not revoked by the death but that agreement is enforceable by or against the personal representative of the deceased.

(2)

Nothing in subsection (1) affects the operation of any enactment or rule of law by virtue of which a right of action is extinguished by the death of a person.

Note

There is no equivalent to this section in the Model Law.

This Act’s bill:Explanatory memorandum Second reading speech

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37 Death of party