FAI ExpArb FAI Expedited Arbitration Rules 2024
FAI ExpArb
FAI Expedited Arbitration Rules 2024
22.1 Any arbitrator may be challenged:
(a) if circumstances exist that give rise to justifiable doubts as to the arbitrator’s impartiality or independence; or
(b) if the arbitrator does not possess any requisite qualification on which the parties have agreed.
22.2 A party may challenge an arbitrator whom it has nominated only for reasons of which it became aware after the nomination was made.
22.3 A party intending to challenge an arbitrator shall submit a written notice of challenge (the ”Notice of Challenge”) to the Institute. The Notice of Challenge shall state the reasons for the challenge and specify the date on which the party became aware of the circumstances on which the challenge is based.
22.4 The Notice of Challenge shall be submitted to the Institute either within 15 days from the date of receipt by the challenging party of the notification of the confirmation of the arbitrator, or within 15 days from the date when the circumstances giving rise to the challenge became known to that party if such date is subsequent to the receipt of such notification. Failure by a party to comply with this time limit shall constitute a waiver of the right to make the challenge.
22.5 The Institute shall transmit the Notice of Challenge to the arbitrator being challenged and the other parties and set a time limit within which they may submit comments on the Notice of Challenge.
22.6 The other parties may agree to the challenge or the challenged arbitrator may voluntarily withdraw. In either case, the arbitrator shall be replaced in accordance with Article 23. A withdrawal of the arbitrator or the agreement of the other parties to the challenge shall not imply acceptance of the validity of the reason for the challenge.
22.7 If the other parties do not agree to the challenge or the challenged arbitrator does not voluntarily withdraw within the time limit set by the Institute, the Board shall decide on the challenge. The Board has no obligation to give reasons for its decision.
Source: FAI
Imported: