(2) If the parties have not agreed on a procedure for challenge, a party who intends to challenge an arbitrator shall—
- (a) within 15 days after becoming aware of the constitution of the arbitral tribunal; or
- (b) 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.
(3) The arbitral tribunal shall, unless the challenged arbitrator withdraws from his office or the other party agrees to the challenge, decide on the challenge.
(4) 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.
(5) No appeal shall lie against the decision of the Court under subsection (4).
(6) 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.
Failure or impossibility to act
16.—(1) A party may request the Court to remove an arbitrator—
- (a) who is physically or mentally incapable of conducting the proceedings or where there are justifiable doubts as to his capacity to do so; or
- (b) who has refused or failed—
- (i) to properly conduct the proceedings; or
- (ii) 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.
(2) 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.
