Cap. 7:15
ARBITRATION ACT
Act 6/1996
ARTICLE 13
Challenge procedure
(1) The parties are free to agree on a procedure for challenging an arbitrator, subject to the
provisions of paragraph (3) of this article.
(2) Failing such agreement, a party who intends to challenge an arbitrator shall, within
fifteen days after becoming aware of the constitution of the arbitral tribunal or after becoming
aware of any circumstance referred to in article 12 (2), send a written statement of the reasons
for the challenge to the arbitral tribunal. Unless the challenged arbitrator withdraws from his
office or the other party agrees to the challenge, the arbitral tribunal shall decide on the
challenge.
(3) If a challenge under any procedure agreed upon by the parties or under the procedure of
paragraph (2) of this article is not successful, the challenging party may request, within thirty
days after having received notice of the decision rejecting the challenge, the High Court to
decide on the challenge, which decision shall be subject to no appeal; while such a request is
pending, the arbitral tribunal, including the challenged arbitrator, may continue the arbitral
proceedings and make an award.
ARTICLE 14
Failure or impossibility to act
(1) If an arbitrator becomes de jure or de facto unable to perform the functions of his office
or for other reasons fails to act without undue delay, his mandate terminates if he withdraws
from his office or if the parties agree on the termination. Otherwise, if a controversy remains
concerning any of these grounds, any party may request the High Court to decide on the
termination of the mandate, which decision shall be subject to no appeal.
(2) If, under this article or article 13 (2), an arbitrator withdraws from his office or a party
agrees to the termination of the mandate of an arbitrator, this does not imply acceptance of the
validity of any ground referred to in this article or article 12 (2).
ARTICLE 15
Appointment of substitute arbitrator
(1) Where the mandate of an arbitrator terminates under article 13 or 14 or because of his
withdrawal from office for any other reason or because of the revocation of his mandate by
agreement of the parties or in any other case of termination of his mandate, a substitute
arbitrator shall be appointed according to the rules that were applicable to the appointment of
the arbitrator being replaced.
(2) Unless otherwise agreed by the parties—
(a) where the sole or the presiding arbitrator is replaced, any hearings previously held
shall be repeated; and
(b) where an arbitrator, other than a sole or a presiding arbitrator is replaced, any
hearings previously held may be repeated at the discretion of the arbitral tribunal.
(3) Unless otherwise agreed by the parties, an order or ruling of the arbitral tribunal made
prior to the replacement of an arbitrator under this article is not invalid solely because there
has been a change in the composition of the arbitral tribunal.
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