Section 17 Arbitration and Mediation Act

Section 17 Arbitration and Mediation Act 2023 is about Challenge of an emergency arbitrator. It is under Part I (Arbitration) of the Act.

(1) Unless the parties agree otherwise-

(a) a challenge against the appointment of the emergency arbitrator shall be made within three days from the day the party that makes the challenge receives the notification of the appointment or from the date when that party was informed of the facts and circumstances on which the challenge is based, where such date is after the receipt of such notification; and

(b) the provisions of this Act relating to the grounds for challenge of an arbitrator under section 8 of this Act shall also apply to the grounds for challenge of an emergency arbitrator.

(2) The arbitral institution or Court that appoints the emergency arbitrator will decide the challenge after a reasonable opportunity has been afforded to the emergency arbitrator and the parties to provide submissions in writing, but no later than three business days after the date of the challenge.

(3) Where an emergency arbitrator –
(a) dies,
(b) has been successfully challenged,
(c) has been removed, or
(d) has withdrawn,
the arbitral institution or Court shall appoint a substitute emergency arbitrator within two business days.

(4) Where the emergency arbitrator is replaced, the emergency relief proceedings shall resume at the stage where the emergency arbitrator was replaced or ceased to perform assigned functions, unless the substitute emergency arbitrator decides otherwise.