Arbitration and Conciliation Act Section 13 — Challenge procedure
CHAPTER III — Composition of arbitral tribunal
Civil
Summary
Sub-section (1) states that, subject to sub-section (4), the parties are free to agree on their own procedure for challenging an arbitrator.
Sub-section (2) states that if the parties have not agreed on a procedure, a party who wants to challenge an arbitrator must send a written statement of the reasons for the challenge to the arbitral tribunal within fifteen days of becoming aware of the tribunal's constitution or of any circumstances mentioned in sub-section (3) of section 12.
Sub-section (3) states that unless the challenged arbitrator withdraws from office or the other party agrees to the challenge, the arbitral tribunal itself will decide on the challenge.
Sub-section (4) states that if a challenge under any agreed procedure or under the procedure in sub-section (2) is not successful, the arbitral tribunal will continue the proceedings and make an arbitral award.
Sub-section (5) states that when an arbitral award is made under sub-section (4), the party who challenged the arbitrator may apply to have that award set aside in accordance with section 34.
Sub-section (6) states that if an arbitral award is set aside on an application made under sub-section (5), the Court may decide whether the challenged arbitrator is entitled to any fees.
Official Text
(1) Subject to sub-section (4), the parties are free to agree on a procedure for challenging an arbitrator.
(2) Failing any agreement referred to in sub-section (1), a party who intends to challenge an arbitrator shall, within fifteen days after becoming aware of the constitution of the arbitral tribunal or after becoming aware of any circumstances referred to in sub-section (3) of section 12, send a written statement of the reasons for the challenge to the arbitral tribunal.
(3) Unless the arbitrator challenged under sub-section (2) withdraws from his office or the other party agrees to the challenge, the arbitral tribunal shall decide on the challenge.
(4) If a challenge under any procedure agreed upon by the parties or under the procedure under sub-section (2) is not successful, the arbitral tribunal shall continue the arbitral proceedings and make an arbitral award.
(5) Where an arbitral award is made under sub-section (4), the party challenging the arbitrator may make an application for setting aside such an arbitral award in accordance with section 34.
(6) Where an arbitral award is set aside on an application made under sub-section (5), the Court may decide as to whether the arbitrator who is challenged is entitled to any fees.