Part III The Irregular Use of Tribunal Secretaries, 7 Challenge of Secretaries and Arbitrators

Subject(s):

Appointment of arbitrator — Arbitral tribunals

This chapter considers whether parties can challenge and remove arbitrators and tribunal secretaries who fail to show the requisite level of impartiality and independence in the course of the arbitration, along with all other required qualities. It first examines whether parties can challenge tribunal secretaries and reviews the statutory bases for such challenges before analysing under which conditions a challenge to a secretary will be successful. It then looks at the procedure to be followed by the challenging party and the different approaches used by the competent body (state court, arbitral tribunal, arbitral institution) to make a decision on the challenge. It also describes the different approaches regarding the legal effect of a challenge, the ways in which a tribunal secretary may be removed from the arbitration, and whether arbitrators can be challenged in connection with their use of tribunal secretaries.