Section 9 Arbitration and Mediation Act 2023

Section 9 Arbitration and Mediation Act 2023 is about Challenge procedure. It is under Part I (Arbitration) of the Act.

(1) The parties may agree on a procedure for challenging an arbitrator, subject to the provisions of subsection (3).

(2) Where agreement is not reached between the parties under subsection (1), a party who intends to challenge an arbitrator shall, within 14 days after becoming aware of the constitution of the arbitral tribunal or after becoming aware of any circumstance referred to in section 8 (3) and ( 4) of this Act, send a written statement of the reasons for the challenge to the arbitral tribunal and unless the challenged arbitrator withdraws or the other party or parties agree to the challenge, the arbitral tribunal shall decide on the challenge.

(3) Where a challenge under any procedure agreed upon by the parties or under subsection (2) is not successful, the challenging party may, within 30 days after having received notice of the decision rejecting the challenge, request either –

(a) the appointing authority, arbitral institution or the Court that appointed the arbitrator; or

(b) where the party that appointed the arbitrator, the Court,

as may be appropriate to decide the challenge and while the request is pending, the arbitral tribunal, including the challenged arbitrator, may continue the arbitral proceedings and make an award.

(4) The appointing authority, arbitral institution or Court shall decide on the admissibility and, at the same time, if necessary, on the merits of the challenge after affording an opportunity for the arbitrator concerned, the other party or parties and any other members of the arbitral tribunal to comment in writing within a suitable period of time.

(5) The submitting party shall communicate the comments to the other party or parties and to the arbitrators.