Arbitration Act · 2024 Revised Edition · Part · Arbitral Tribunal
18. Appointment of substitute arbitrator
Official textFrom Attorney General's Chambers, unchanged
Where an arbitrator ceases to hold office, the parties may agree —
whether and if so how the vacancy is to be filled;
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whether and if so to what extent the previous proceedings should stand; and
what effect (if any) his ceasing to hold office has on any appointment made by him, whether alone or jointly.
If or to the extent that there is no such agreement, the following subsections apply.
Section 13 applies in relation to the filling of the vacancy as in relation to an original appointment.
The arbitral tribunal (when reconstituted) shall determine whether and if so to what extent the previous proceedings should stand.
arbitral tribunal
“arbitral tribunal” means a sole arbitrator, a panel of arbitrators or an arbitral institution;
The reconstitution of the arbitral tribunal shall not affect any right of a party to challenge the previous proceedings on any ground which had arisen before the arbitrator ceased to hold office.
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;
The ceasing to hold office by the arbitrator shall not affect any appointment by him, whether alone or jointly, of another arbitrator, in particular any appointment of a presiding arbitrator.
Terms defined in s 2
arbitral tribunal
Defined · s 2“arbitral tribunal” means a sole arbitrator, a panel of arbitrators or an arbitral institution;
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