Arbitration Act · 2024 Revised Edition · Part · Arbitral Tribunal
15. Challenge procedure
Official textFrom Attorney General's Chambers, unchanged
Subject to subsection (3), the parties may agree on a procedure for challenging an arbitrator.
Arbitration 18
If the parties have not agreed on a procedure for challenge, a party who intends to challenge an arbitrator shall —
party
“party” means a party to an arbitration agreement or, in any case where an arbitration does not involve all of the parties to the arbitration agreement, means a party to the arbitration;
within 15 days after becoming aware of the constitution of the arbitral tribunal; or
after becoming aware of any circumstance referred to in section 14(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.
arbitral tribunal
“arbitral tribunal” means a sole arbitrator, a panel of arbitrators or an arbitral institution;
If a challenge before the arbitral tribunal is unsuccessful, the aggrieved party may, within 30 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.
No appeal shall 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.
award
“award” means a decision of the arbitral tribunal on the substance of the dispute and includes any interim, interlocutory or partial award, but excludes any order or direction made under section 28;
Terms defined in s 2
arbitral tribunal
Defined · s 2“arbitral tribunal” means a sole arbitrator, a panel of arbitrators or an arbitral institution;
award
Defined · s 2“award” means a decision of the arbitral tribunal on the substance of the dispute and includes any interim, interlocutory or partial award, but excludes any order or direction made under section 28;
party
Defined · s 2“party” means a party to an arbitration agreement or, in any case where an arbitration does not involve all of the parties to the arbitration agreement, means a party to the arbitration;
Part
Jurisdiction of Arbitral Tribunal
Part
Arbitral Proceedings
Part
Award
Part
Powers of Court in Relation to Award
Part