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In forceAmended2020 Revised Edition

Part 5 · Arbitral Tribunal

15. Challenge procedure

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Amended

Last amended by an amending law of 2012.

(1)

Subject to subsection (3), the parties are free to agree on a procedure for challenging an arbitrator.

(2)

If the parties have not agreed on a procedure for challenge, a party who intends to challenge an arbitrator must —

(a)

within 15 days after becoming aware of the constitution of the arbitral tribunal; or

(b)

after becoming aware of any circumstance mentioned in section 14(3),send a written statement of the grounds for the challenge to the arbitral tribunal.

(3)

The arbitral tribunal must, unless the challenged arbitrator withdraws from his or her 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 any order that 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 arbitral proceedings and make an award.

Report

Part 6

Jurisdiction of Arbitral Tribunal

Part 7

Arbitral Proceedings

Part 8

Award

Part 9

Powers of Court in Relation to Award

Part 9A

Arbitrations Relating to Intellectual Property Rights

Part 10

Miscellaneous