Commentary

177 Disqualification of the arbitrator

BUILDING AND ENGINEERING vol 5
| Commentary

177 Disqualification of the arbitrator

| Commentary

177 Disqualification of the arbitrator

Where circumstances exist which give justifiable doubts as to the arbitrator’s impartiality, or where the arbitrator has otherwise been unable or unwilling to conduct the proceedings properly or with sufficient dispatch, a party may apply for his removal1. Bias will not be implied from a professional association simpliciter2. However, in cases where the contract administrator is also appointed as arbitrator, he will be disqualified from dealing with disputes in which he is the real defendant3.

A party claiming bias must apply for the arbitrator’s removal as soon as his

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