Part I Commentary on the ICDR International Rules, 14 Article 14—Challenge of an Arbitrator
Martin F Gusy, James M Hosking
Martin F. Gusy, James M. Hosking
- Challenge to appointment of arbitrator
This chapter studies Article 14 of the ICDR Rules, which sets forth a procedure for challenging arbitrators for lack of impartiality or independence. Article 14 provides that one may challenge an arbitrator ‘whenever circumstances exist that give rise to justifiable doubts as to the arbitrator’s impartiality or independence’ and establishes the challenge procedure itself. If the parties do not agree on the merits of the challenge and if the arbitrator does not voluntarily withdraw, it is for the ICDR, in its sole discretion, to decide the challenge. After the ICDR reviews the parties’ submissions and arbitrator’s comments, the Administrator ordinarily resolves the challenge quickly. If the challenge is rejected, the arbitration will proceed. If the challenge is granted, the arbitrator will be replaced pursuant to Article 15. Typically, the ICDR’s decision is final and the parties have no ability to object.