Home / Business & Management / Business Ethics / International Arbitration: Process and Procedure / Challenge to an arbitrator
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.
© College of Law
This article is from the online course:
International Arbitration: Process and Procedure
Created by
This article is from the free online
International Arbitration: Process and Procedure
Reach your personal and professional goals
Unlock access to hundreds of expert online courses and degrees from top universities and educators to gain accredited qualifications and professional CV-building certificates.
Join over 18 million learners to launch, switch or build upon your career, all at your own pace, across a wide range of topic areas.
