Arbitration Act · 2024 Revised Edition · Part · Arbitral Tribunal
16. Failure or impossibility to act
Official textFrom Attorney General's Chambers, unchanged
A party may request the Court to remove an arbitrator —
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;
who is physically or mentally incapable of conducting the proceedings or where there are justifiable doubts as to his capacity to do so; or
who has refused or failed —
to properly conduct the proceedings; or
to use all reasonable despatch in conducting the proceedings or making an award, and where substantial injustice has been or will be caused to that party.
Arbitration
If there is an arbitral or other institution or person vested by the parties with power to remove an arbitrator, the Court shall not exercise its power of removal unless it is satisfied that the applicant has first exhausted any available recourse to that institution or person.
While an application to the Court under this section is pending, the arbitral tribunal, including the arbitrator concerned, may continue the arbitration proceedings and make an award.
arbitral tribunal
“arbitral tribunal” means a sole arbitrator, a panel of arbitrators or an arbitral institution;
Where the Court removes an arbitrator, the Court may make such order as it thinks fit with respect to his entitlement, if any, to fees or expenses, or the repayment of any fees or expenses already paid.
The arbitrator concerned is entitled to appear and be heard by the
Court before it makes any order under this section.
No appeal shall lie against the decision of the Court made under subsection (4).
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