| Commentary

29 Resignation of arbitrator

| Commentary

29 Resignation of arbitrator

The parties are free to agree with an arbitrator as to the consequences of his resignation as regards1:

  1. 29.1

        his entitlement to fees or expenses; and

  2. 29.2

        any liability arising from his resignation.

Such an agreement can be made before or after an arbitrator has resigned2. Absent such an agreement, the arbitrator may apply to the courts for an order concerning his fees or expenses and/or relief from any liability3. The court will grant the arbitrator relief from liability only if it is ‘satisfied that in all the circumstances it was reasonable for the arbitrator to resign’4.

The

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