ARBITRATION AND CONCILIATION ACT
Section 45: Challenge of arbitrators.
(1) A prospective arbitrator shall disclose to those who approach him in connection with his possible appointment, any circumstance likely to give rise to justifiable doubts as to his impartiality or independence.
(2) An arbitrator, once appointed or chosen, shall disclose such circumstances as referred to in subsection (1) of this section to the parties unless they have already been informed by him of those circumstances.
(3) Any arbitrator may be challenged, if circumstances exist that give rise to justifiable doubts as to the arbitrator's impartiality or independence.
(4) A party may challenge the arbitrator appointed by him, only for reasons of which he becomes aware after the appointment has been made.
(5) A party who intends to challenge an arbitrator shall, send notice of his challenge within fifteen days after the appointment of the challenged arbitrator has been notified to the challenging party or within fifteen days after the circumstances mentioned in subsection (1) to (4) of this section became known to that party.
(6) The challenge shall be notified to the other party, to the arbitrator who is challenged and to the other members of the arbitral tribunal and the notification shall be in writing and shall state the reason for the challenge.
(7) When an arbitrator has been challenged by one party, the other party may agree to the challenge and the challenged arbitrator may also, after the challenge, withdraw from his office; but the fact that the other party agrees to the challenge or that the arbitrator withdraws does not imply acceptance of the validity of the grounds for the challenge.
(8) Where the other party agrees to the challenge or the challenged arbitrator withdraws, the procedure provided in section 44 of this Act shall, be used in full for the appointment of the substitute arbitrator, even if during the process of appointing the challenged arbitrator, a party had failed to exercise his right to appoint or to participate in the appointment.
(9) If the other party does not agree to the challenge and the challenged arbitrator does not withdraw, the decision on the challenge shall be made-
(a) when the initial appointment was not made by an appointing authority, by that authority;
(b) when the initial appointment was not made by an appointing authority, but an appointing authority has been previously designated, by that authority;
(c) in all other cases, by the appointing authority to be designated in accordance with the procedure for designating an appointing authority as provided for in section 44 of this Act.
(10) If the appointing authority sustains the challenge, a substitute arbitrator shall be appointed or chosen pursuant to the procecdure applicable to the appointment or choice of an arbitrator as provided in Section 44 of this Act and in this section except that, when this procedure would call for the designation of an appointing authority, the appointment of the arbitrator shall be made by the appointing authority which decided on the challenge.
Cite this section
Section 45, ARBITRATION AND CONCILIATION ACT (1988).
https://repo.podus.ai/laws/arbitration-and-conciliation-act/section/45/