Question

Under Section 13(3)-(4), what happens when a challenge to an arbitrator is rejected?

Q: Answer-Under Section 13(3)-(4), what happens when a challenge to an arbitrator is rejected?

Explanation Section 133 provides Unless the arbitrator who is challenged under section 132 withdraws from his office or the other party agrees to the challenge, the arbitral tribunal shall decide on the challenge. Section 134 states If a challenge under any procedure agreed upon by the parties or under the procedure prescribed by sub-section 2 is not successful, the arbitral tribunal shall continue the arbitral proceedings and make an arbitral award. Importantly, if a party is dissatisfied with the tribunals rejection of a challenge, they cannot directly approach a court their recourse is only after a final award is made, when they can apply to set aside the award under Section 34 on grounds of arbitrator impropriety

A The challenged arbitrator must immediately recuse themselves

B The tribunal's decision is automatically appealable to a court

C Unless the arbitrator withdraws or the other party agrees to the challenge, the arbitral tribunal decides on the challenge, and if rejected, proceedings continue with the same arbitrator

D The proceedings are automatically suspended pending court review

E The challenging party can directly approach a court for interim relief

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