Arbitration Act 2001 · 2020 Revised Edition · Part 5 · Arbitral Tribunal
15. Challenge procedure
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Subject to subsection (3), the parties are free to agree on a procedure for challenging an arbitrator.
If the parties have not agreed on a procedure for challenge, a party who intends to challenge an arbitrator must —
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;
within 15 days after becoming aware of the constitution of the arbitral tribunal; or
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.
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.
arbitral tribunal
“arbitral tribunal” means a sole arbitrator or a panel of arbitrators or an arbitral institution, and includes an emergency arbitrator appointed pursuant to the rules of arbitration agreed to or adopted by the parties including the rules of arbitration of an institution or organisation;
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.
No appeal shall lie against the decision of the Court under subsection (4).
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.
award
“award” means a decision of the arbitral tribunal on the substance of the dispute and includes any interim, interlocutory or partial award but excludes any order or direction made under section 28;