Section 19Part 5 — ARBITRAL TRIBUNAL
Challenge procedure
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Subject to subsection (3), the parties may agree on a procedure for challenging an arbitrator.
If the parties have not agreed on a procedure for challenge, a party who intends to challenge an arbitrator shall —
within fifteen days after the arbitral tribunal has been constituted; or
after becoming aware of any circumstance referred to in section 18(3), send a written statement of the grounds for the challenge to the arbitral tribunal.
The arbitral tribunal shall, unless the challenged arbitrator withdraws from his office or the other party agrees to the challenge, decide on the challenge.
If a challenge before the arbitral tribunal is unsuccessful, the aggrieved party may, within thirty days after receiving notice of the decision rejecting the challenge, apply to the court to decide on the challenge and the court may make such order as it thinks fit.
An appeal shall not lie against the decision of the court under subsection (4).
While an application to the court under subsection (4) is pending, the arbitral tribunal, including the challenged arbitrator, may continue the arbitration proceedings and make an award.
Cross References
- Section 18 of Arbitration Act
Grounds for challenge
Referenced By
- Section 22 — Arbitrator ceasing to hold office
Challenge procedure