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FAQ

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Can an arbitrator be dismissed?

A person appointed as an arbitrator is obliged to disclose to the parties any circumstances likely to give rise to justifiable doubts as to his impartiality or independence. An arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to his impartiality or independence, or if he does not possess qualifications stipulated by the parties. A party may challenge an arbitrator it has appointed, or in whose appointment it has participated, only for reasons the party becomes aware of after the appointment has been made.

The parties are free to agree on a procedure for challenging an arbitrator. Generally, relevant provisions are included in the rules of permanent arbitration institutions.

Unless otherwise agreed, the challenging party should, within two weeks of becoming aware of the circumstances justifying the challenge, notify all the arbitrators and the other party of the reasons for challenge. The challenged arbitrator may withdraw from office himself or be removed by the parties within two weeks of receipt of the notification. Otherwise, the challenging party is entitled to apply to the court within another two weeks with a request to rule on the challenge. In any case, the challenging party may apply to the court if no decision is made either by the challenged arbitrator or the parties within one month of receipt of the request.

The parties may at any time unanimously remove an arbitrator from office. The court may also remove an arbitrator at the request of any party if it is evident that the arbitrator will not perform his duties on time or is in unreasonable delay.