Challenge procedure for rejecting the arbitrator

Q.
If you are not happy with an arbitrator, what can you do?

A.

Challenge procedure

15. (1) Unless otherwise agreed by the parties, any party who intends to challenge an arbitrator shall, within fifteen days (15 days) after becoming aware of the constitution of the arbitral tribunal or of any reasons referred to in subsection 14(3), send a written statement of the reasons for the challenge to the arbitral tribunal.

(2) Unless the challenged arbitrator withdraws from office or the other party agrees to the challenge, the arbitral tribunal shall make a decision on the challenge.

(3) Where a challenge is not successful, the challenging party may, within thirty days after having received notice of the decision rejecting the challenge, apply to the High Court to make a decision on the challenge.

(4) While such an application is pending, the arbitral tribunal, including the challenged arbitrator, may continue the arbitral proceedings and make an award.

(5) No appeal shall lie against the decision of the High Court under subsection (3).

Ref:
Section 15, Arbitration Act, 2005.