April 30, 2014
A key advantage of arbitration is that parties participate in selecting the tribunal that adjudicates their dispute. Nonetheless, a party may want to challenge and remove an arbitrator from the tribunal after the proceedings have begun. In most cases, arbitrator challenges are based on a party’s doubts about the arbitrator’s independence and impartiality. The grounds for challenge, and the procedure to be followed, depend on the arbitral rules and national arbitration law applicable to the arbitration. It is important to understand and follow the appropriate procedure to avoid inadvertently waiving the right to make a challenge.
This Practical Law Practice Note highlights the grounds and procedure for challenges under the major international arbitral rules and some key national laws. The Note also considers the tactics of challenging an arbitrator and the consequences of a successful challenge. Links to other Practical Law arbitration resources are also provided.
To read the full Practice Note, visit Challenges to arbitrators.