| Commentary

28.1 Overview of grounds for removal

| Commentary

28 Power of court to remove arbitrator

28.1 Overview of grounds for removal

Under the Arbitration Act 1996 Section 24, a party may apply to the courts to remove an arbitrator on any of the following grounds1:

  1. 28.1.1

        circumstances exist that give rise to justifiable doubts as to the arbitrator’s impartiality;

  2. 28.1.2

        the arbitrator does not possess the qualifications required by the arbitration agreement;

  3. 28.1.3

        the arbitrator is physically or mentally incapable of conducting the proceedings or there are justifiable doubts as to his capacity to do so;

  4. 28.1.4

        the arbitrator has refused or failed:

    1. (a)

          properly to conduct the proceedings;

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial