Removal and Replacement of the Arbitrator

Removal

The parties are free to agree on a procedure for challenging an arbitrator.

When a person is tipped for possible appointment as an arbitrator or afterwards throughout the arbitral proceedings since his appointment as arbitrator, he must promptly disclose in writing anything likely to raise justifiable doubts as to his independence or impartiality.

Any party can challenge an arbitrator within 15 days of his either becoming aware of the constitution of the arbitral tribunal or of anything exciting suspicion of bias against the arbitrator or knowledge that the arbitrator is without requisite qualifications.

If the other party agrees to the challenge, then the arbitrator stands removed from his office. The arbitrator may also resign in face of such challenge.

However, otherwise if the challenge is not successful, the arbitral tribunal shall continue with arbitration and make award. The aggrieved party can make an application to the court for setting aside the award re agitating the said points of challenge to the arbitrator amongst other grounds.

Even without any allegations of bias or complaints regarding want of independence or lack of requisite qualifications, the arbitrator can be removed with the agreement of both parties if he is otherwise unable to perform his functions or delays with arbitration.

Replacement of the Arbitrator

Where an arbitrator is removed or his mandate terminates, a new arbitrator shall be appointed as per the same agreed procedure used for the earlier appointment of the outgoing arbitrator.

Where an arbitrator is substituted under the above section, any previous hearing before the old Tribunal may be repeated at the discretion of the new arbitral tribunal or any order or ruling of the previous tribunal shall not become automatically invalid, unless there is an agreement to the contrary between the parties.