Commentary

28.5 Arbitrator fails to properly conduct or use reasonable despatch in conducting the proceedings or making an award, and substantial injustice results

ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION vol 3(1)

28.5 Arbitrator fails to properly conduct or use reasonable despatch in conducting the proceedings or making an award, and substantial injustice results

28.5 Arbitrator fails to properly conduct or use reasonable despatch in conducting the proceedings or making an award, and substantial injustice results

An application may be made to remove an arbitrator on the ground that he has refused or failed1:

  1. 28.5.1

        properly to conduct the proceedings; or

  2. 28.5.2

        to use all reasonable despatch in conducting the proceedings or making an award, and

substantial injustice has been or will be caused to the applicant.

An arbitrator may not be removed under this ground unless there has been a serious irregularity in the proceedings of a kind recognised under the Arbitration Act 1996 Section

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