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Challenge to an arbitrator

An arbitrator may be subject to a challenge under article 13(3) and 13(2).
Where an arbitrator is subject to a challenge on the basis of a lack of independence or impartiality, then article 13(3) of the Model Law (dealing with the challenge procedure) is considered. Where a challenge under a procedure agreed by the parties or under the specific procedure set out in article 13(2) is not successful, the challenging party may request, within 30 days of having received notice of the decision rejecting the challenge, that the national court (or other authority as specified) decides on the challenge.

No appeal to the decision of the court in those circumstances is permissible. As with a challenge on the basis of jurisdiction, the arbitral tribunal, including the challenged arbitrator him or herself, may continue the arbitral proceedings in the meantime and may even make an award.

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International Arbitration: Process and Procedure

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