29.1 Overview of grounds for removal

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ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION vol 3(1)

29.1 Overview of grounds for removal

Copyright © 2025 LexisNexis

| Commentary

29 Power of court to remove arbitrator

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

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C: ARBITRATION

29.2 Circumstances exist giving rise to justifiable doubts as to arbitrator’s impartiality

29.3 Arbitrator does not possess the qualifications required by the arbitration agreement

29.4 Arbitrator is physically or mentally incapable of conducting the proceedings or there are justifiable doubts in this regard

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

30 Resignation of arbitrator

31 Death of arbitrator or person appointing arbitrator

32 Filling of vacancy

33 Arbitrators’ general duty

34 Conduct of arbitral proceedings

35 Consolidation of arbitral proceedings and concurrent hearings

36 Legal or other representation in the arbitration

37 Power to appoint experts, legal advisers or assessors

38 General powers exercisable by the arbitral tribunal

39 Power to make provisional awards

40 General duty of parties in arbitral proceedings

41 Powers of arbitral tribunal in case of party’s default

42 Remedies available to arbitral tribunal

43 Scope of the courts’ powers in relation to arbitration proceedings

44 Stay of court proceedings brought in breach of arbitration agreement

45 Enforcement of peremptory orders of the arbitral tribunal