(1) Subject to sub-section (4), the parties are free to agree on a procedure for challenging an arbitrator.
(2) Failing any agreement referred to in sub-section (1), a party who intends to challenge an arbitrator shall, within fifteen days after becoming aware of the constitution of the arbitral tribunal or after becoming aware of any circumstances referred to in sub-section (3) of section 12, send a written statement of the reasons for the challenge to the arbitral tribunal.
(3) Unless the arbitrator challenged under sub-section (2) withdraws from his office or the other party agrees to the challenge, the arbitral tribunal shall decide on the challenge.
(4) If a challenge under any procedure agreed upon by the parties or under the procedure under sub-section (2) is not successful, the arbitral tribunal shall continue the arbitral proceedings and make an arbitral award.
(5) Where an arbitral award is made under sub-section (4), the party challenging the arbitrator may make an application for setting aside such an arbitral award in accordance with section 34.
(6) Where an arbitral award is set aside on an application made under sub-section (5), the Court may decide as to whether the arbitrator who is challenged is entitled to any fees.
Arbitration and Conciliation Act 1996
Section 11 of Arbitration Act - Appointment of arbitrators
Section 11A of Arbitration Act - Power of Central Government to amend Fourth Schedule
Section 12 of Arbitration Act - Grounds for challenge
Section 13 of Arbitration Act - Challenge procedure
Section 14 of Arbitration Act - Failure or impossibility to act
Section 15 of Arbitration Act - Termination of mandate and substitution of arbitrator
Section 16 of Arbitration Act - Competence of arbitral tribunal to rule on its jurisdiction
Section 17 of Arbitration Act - Interim measures ordered by arbitral tribunal
Section 18 of Arbitration Act - Equal treatment of parties
Section 19 of Arbitration Act - Determination of rules of procedure
Section 20 of Arbitration Act - Place of arbitration