Section 11: Removed of Arbitrators

1) The condition and procedure for the removal of an arbitrator shall be as mentioned in the agreement.

2) In case the condition and procedure have not been mentioned in the agreement pursuant to sub-section (1), any party may, in any of the following circumstances, submit an application to the arbitrator requesting permission to remove an arbitrator within 15 days from the date of his/her appointment or from the date when the party learns that the concerned arbitrator has failed to act:

(a) In case any arbitrator is clearly seen to have shown a bias toward or discrimination against any party instead of working in an impartial manner,

(b) In case any arbitrator engages in improper conduct or commits fraud in the course of arbitration,

(c) In case any arbitrator frequently commits mistakes or irregularities in the course of arbitration,

(d) In case any arbitrator does not attend arbitration meetings or refuses to take part in arbitration proceedings more than three times without furnishing satisfactory reasons with the objective of prolonging or delaying the arbitration proceedings in an improper manner,

(e) In case any arbitrator takes any action which is opposed to the principles or rules of natural justice or

(f) In case any arbitrator is found to be lacking the necessary qualifications, or to have ceased to be qualified.

3) Upon received an application pursuant to sub-section (2), if the arbitrator whose removal has been demanded does not relinquish his/her post voluntarily, or the other party does not agree with the grounds on which his/her removal, the arbitrator must take a decision on the matter within 30 days from the date of application.

4) A complaint may be filed before the Appellate Court against the decision pursuant to sub-section (3), and the decision of the Appellate Court shall be final.