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The parties are free to agree on a procedure for challenging the appointment of an Arbitrator. Failing any agreement as aforesaid a party who intends to challenge an Arbitrator shall, within 15 days after becoming aware of the constitution of the Arbitral Tribunal or after becoming aware of any circumstances for challenging the appointment of any Arbitrator, send a return statement of the reasons for the challenge to the Arbitral Tribunal. Unless the Arbitrator so challenged withdraws from his office or the other party agrees to the challenge, the Arbitral Tribunal shall decide on the challenge. If the challenge is not successful, the Arbitral Tribunal shall continue the Arbitral proceedings and make an Arbitral award.

Where an Arbitral award is made in a case where there was unsuccessful challenge to the appointment of the Arbitrator, the party challenging the Arbitrator make an application for setting aside such an Arbitral award in accordance with Section 34 of the Act of 1996. Where an Arbitral award is set aside on an application made in case of challenge for appointment of an Arbitrator, the Court may decide as to weather the Arbitrator who is challenged is entitled to any fees.


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