s.23Appointment of substitute arbitrator
23
Section 23Part 5 — ARBITRAL TRIBUNAL

Appointment of substitute arbitrator

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Where an arbitrator ceases to hold office pursuant to section 22, the parties may agree —
whether and, if so, how the vacancy will be filled;
whether and, if so, to what extent the previous proceedings should stand; and
what effect, if any, the arbitrator ceasing to hold office has on any appointment made by him alone or jointly.
Where the parties do not agree pursuant to subsection (1) —
section 16 applies in relation to the filling of the vacancy as in relation to an original appointment;
subject to subsection (3), the arbitral tribunal, when reconstituted, shall determine whether and, if so, to what extent the previous proceedings should stand; and
the ceasing to hold office by the arbitrator shall not affect any appointment by him alone or jointly, of another arbitrator and in particular any appointment of a presiding arbitrator.
The reconstitution of the arbitral tribunal shall not affect any right of a party to challenge the previous proceedings on any ground that had arisen before the arbitrator ceased to hold office.

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