Arbitration agreement not discharged by death of parties; enforceable against legal representatives: Calcutta High Court

Though legal representatives are not signatories to the arbitration agreement, but being the legal representatives of original signatory of agreement, they would be bound by it to the extent provided in law.
Calcutta High Court
Calcutta High Court

The Calcutta High Court recently reiterated that an arbitration agreement is not discharged by the death of a party and shall remain enforceable by or against the legal representatives of the deceased party provided the right to sue in respect of the cause of action survives [Dr Papia Mukherjee v. Aruna Banerjea and Another].

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