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A Guide to the ICDR International Arbitration Rules, 2nd Edition by Gusy, Martin F; Hosking, James M (21st February 2019)

Part I Commentary on the ICDR International Rules, 14 Article 14—Challenge of an Arbitrator

Martin F Gusy, James M Hosking

From: A Guide to the ICDR International Arbitration Rules (2nd Edition)

Martin F. Gusy, James M. Hosking

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 18 November 2019

Subject(s):
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.

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