Arbitration Act 2001 · 2020 Revised Edition · Part 5 · Arbitral Tribunal
18. Appointment of substitute arbitrator
Feedback & supportWhere an arbitrator ceases to hold office, the parties are free to agree —
whether and if so how the vacancy is to be filled;
whether and if so to what extent the previous proceedings should stand; and
what effect (if any) his or her ceasing to hold office has on any appointment made by him or her (alone or jointly).
If or to the extent that there is no such agreement, the following subsections apply.
Section 13 (appointment of arbitrators) applies in relation to the filling of the vacancy as in relation to an original appointment.
The arbitral tribunal (when reconstituted) must determine whether and if so to what extent the previous proceedings should stand.
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;
The reconstitution of the arbitral tribunal does 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.
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;
The ceasing to hold office by the arbitrator does not affect any appointment by him or her (alone or jointly) of another arbitrator, in particular any appointment of a presiding arbitrator.