(4) The arbitral tribunal (when reconstituted) shall determine whether and if so to what extent the previous proceedings should stand.
(5) 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.
(6) The ceasing to hold office by the arbitrator shall not affect any appointment by him (alone or jointly) of another arbitrator, in particular any appointment of a presiding arbitrator.
Decision by panel of arbitrators
19.—(1) In arbitration proceedings with more than one arbitrator, any decision of the arbitral tribunal shall be made, unless otherwise agreed by the parties, by all or a majority of all its members.
(2) Any question of procedure may be decided by a presiding arbitrator if so authorised by the parties or all members of the arbitral tribunal.
Liability of arbitrator
20. An arbitrator shall not be liable for—
- (a) negligence in respect of anything done or omitted to be done in the capacity of the arbitrator; or
- (b) any mistake of law, fact or procedure made in the course of arbitration proceedings or in the making of an arbitral award.
PART VI
JURISDICTION OF ARBITRAL TRIBUNAL
Separability of arbitration clause and competence of arbitral tribunal to rule on its own jurisdiction
21.—(1) The arbitral tribunal may rule on its own jurisdiction, including any objections to the existence or validity of the arbitration agreement.
(2) For the purpose of subsection (1), an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract.
