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      Question

      Under Section 13(3)-(4), what happens when a challenge

      to an arbitrator is rejected?
      A The challenged arbitrator must immediately recuse themselves Correct Answer Incorrect Answer
      B The tribunal's decision is automatically appealable to a court Correct Answer Incorrect Answer
      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 Correct Answer Incorrect Answer
      D The proceedings are automatically suspended pending court review Correct Answer Incorrect Answer
      E The challenging party can directly approach a court for interim relief Correct Answer Incorrect Answer

      Solution

      Explanation: Section 13(3) provides: "Unless the arbitrator who is challenged under section 13(2) withdraws from his office or the other party agrees to the challenge, the arbitral tribunal shall decide on the challenge." Section 13(4) 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 tribunal's 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

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