Failure or impossibility to act (cf Model Law Art 14)
14 Failure or impossibility to act (cf Model Law Art 14)
If an arbitrator becomes in law or in fact unable to perform the arbitrator’s functions or for other reasons fails to act without undue delay, the arbitrator’s mandate terminates if the arbitrator withdraws from office or if the parties agree on the termination.
Otherwise, if a controversy remains concerning any of these grounds, any party may request the Court to decide on the termination of the mandate.
A decision of the Court under subsection (2) that is within the limits of the authority of the Court is final.
If, under this section or section 13(3), an arbitrator withdraws from office or a party agrees to the termination of the mandate of an arbitrator, this does not imply acceptance of the validity of any ground referred to in this section or section 12(3).
Note—
This section (other than subsection (3)), is substantially the same as Art 14 of the Model Law.
Subsection (3) makes it clear that, although a decision of the Court is generally final, review of a decision of the Court that is not made within the limits of its powers and functions is not precluded.
This Act’s bill:Explanatory memorandumSecond reading speech
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