(3) An arbitrator who is challenged under article 13(2) of the UNCITRAL Model Law, given effect to by subsection (1), is entitled, if the arbitrator considers it appropriate in the circumstances of the challenge, to withdraw from office as an arbitrator.
(4) The mandate of a challenged arbitrator terminates under article 13 of the UNCITRAL Model Law, given effect to by subsection (1), if—
- (a) the arbitrator withdraws from office;
- (b) the parties agree to the challenge;
- (c) the arbitral tribunal upholds the challenge and no request is made for the Court to decide on the challenge; or
- (d) the Court, upon request to decide on the challenge, upholds the challenge.
(5) If the Court upholds the challenge, the Court may set aside the award referred to in subsection (2).
27. Article 14 of UNCITRAL Model Law (Failure or impossibility to act)
Article 14 of the UNCITRAL Model Law, the text of which is set out below, has effect subject to section 13(4)—
“Article 14. Failure or impossibility to act
- (1) If an arbitrator becomes de jure or de facto unable to perform his functions or for other reasons fails to act without undue delay, his mandate terminates if he withdraws from his office or if the parties agree on the termination. Otherwise, if a controversy remains concerning any of these grounds, any party may request the court or other authority specified in article 6 to decide on the termination of the mandate, which decision shall be subject to no appeal.
- (2) If, under this article or article 13(2), an arbitrator withdraws from his office or a party agrees to the termination of the mandate of an arbitrator, this does not imply acceptance of the validity of any ground referred to in this article or article 12(2).”.
28. Article 15 of UNCITRAL Model Law (Appointment of substitute arbitrator)
Article 15 of the UNCITRAL Model Law, the text of which is set out below, has effect—
