s.20Removal of arbitrator
20
Section 20Part 5 — ARBITRAL TRIBUNAL

Removal of arbitrator

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A party may request the court to remove an arbitrator —
who is physically or mentally incapable of conducting the proceedings or where there are justifiable doubts as to his capacity to do so; or
who has refused or failed —
to properly conduct the proceedings; or
to use all reasonable despatch in conducting the proceedings or making an award; and where substantial injustice has been or will be caused to that party.
If there is a person vested by the parties with power to —
remove an arbitrator;
decide on a challenge to an appointed arbitrator; and
replace an arbitrator, the court shall not exercise its power of removal unless it is satisfied that the applicant has first exhausted every available recourse to that person.
While an application to the court under this section is pending, the arbitral tribunal, including the arbitrator concerned may continue the arbitration proceedings and make an award.
Where the court removes an arbitrator, it may make such order as it thinks fit with respect to his entitlement, if any, to fees or expenses, or the repayment of any fees or expenses already paid.
The arbitrator concerned is entitled to appear and be heard by the court before the court makes any order under this section.
An appeal shall not lie against the decision of the court made under subsection (4).

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