Acts and Regulations

2014, c.100 - Arbitration Act

Full text
Challenge of arbitrator
13(1)A party may challenge an arbitrator only on one of the following grounds:
(a) circumstances exist that may give rise to a reasonable apprehension of bias; or
(b) the arbitrator does not possess qualifications that the parties have agreed are necessary.
13(2)A party who appointed an arbitrator or participated in his or her appointment may challenge the arbitrator only for grounds of which the party was unaware at the time of the appointment.
13(3)A party who wishes to challenge an arbitrator shall send the arbitral tribunal a statement of the grounds for the challenge within 15 days after becoming aware of them.
13(4)The other parties may agree to remove the challenged arbitrator, or the arbitrator may resign.
13(5)If the challenged arbitrator is not removed by the parties and does not resign, the arbitral tribunal, including the challenged arbitrator, shall decide the issue and shall notify the parties of its decision.
13(6)Within ten days after being notified of the arbitral tribunal’s decision, a party may make an application to the court to decide the issue and, in the case of the challenging party, to remove the arbitrator.
13(7)While an application is pending, the arbitral tribunal, including the challenged arbitrator, may continue the arbitration and make an award, unless the court orders otherwise.
1992, c.A-10.1, s.13