Arbitration, Mediation and Conciliation · Challenge to Award and Appeals

Challenge Procedure for an Arbitrator under Section 13

Updated 11 October 2026 · Fact-checked

Section 13 sets how you challenge an arbitrator. Parties may agree their own procedure. Failing that, you send a written statement of reasons to the tribunal within 15 days. The tribunal decides unless the arbitrator withdraws or the other party agrees. If the challenge fails, proceedings continue to an award, which you may attack under section 34.

Understand Challenge Procedure (Section 13)

Section 12 tells you when an arbitrator can be challenged: justifiable doubts about independence or impartiality, or lack of the qualifications the parties agreed. Section 13 tells you how to do it. Keep the two apart in your answers.

Party autonomy comes first. Under section 13(1), the parties are free to agree on a challenge procedure, for example in the arbitration clause or the institutional rules they adopt. This freedom is subject to sub-section (4), which governs what happens when a challenge fails.

If there is no agreed procedure, the default in section 13(2) applies. The challenging party must send a written statement of reasons to the arbitral tribunal within fifteen days of becoming aware of either (a) the constitution of the tribunal, or (b) any circumstance mentioned in section 12(3). The clock runs from awareness, not from the date the circumstance arose.

Section 13(3) then decides who rules. The challenged arbitrator may withdraw, or the other party may agree to the challenge. If neither happens, the arbitral tribunal itself decides the challenge.

If the challenge fails, section 13(4) says the tribunal continues the proceedings and makes an award. The challenger does not get a separate appeal at this stage. Under section 13(5), the challenger may apply to set aside the award under section 34. If the award is set aside on that application, section 13(6) lets the Court decide whether the challenged arbitrator is entitled to any fees.

Key rules to remember

Agreed procedure: Parties free to agree on challenge procedure, subject to s.13(4); Section 13(1). The default procedure applies only if there is no such agreement.
Default time limit: Written statement of reasons to the tribunal within 15 days; Section 13(2). Runs from awareness of the tribunal's constitution or of a circumstance under section 12(3).
Who decides: Arbitrator withdraws OR other party agrees → challenge ends; otherwise tribunal decides; Section 13(3).
Challenge fails: Tribunal continues and makes award; challenger may apply under s.34; Section 13(4) and 13(5). Applies to agreed and default procedures.
Award set aside: Court may decide if the challenged arbitrator gets fees; Section 13(6). The Court has discretion on fees.

How to solve Challenge Procedure (Section 13) questions

Use this order for any case question on challenging an arbitrator. It mirrors provision, analysis, conclusion.

1Identify the stage: is the question about the ground (section 12) or the procedure (section 13)? Cover both if the facts mention both.
2Check whether the parties agreed a challenge procedure. If yes, section 13(1) applies and the agreed procedure governs.
3If there is no agreement, apply section 13(2). Note the date the party became aware and count 15 days from it.
4Check the form: a written statement of reasons sent to the arbitral tribunal.
5Decide who rules under section 13(3): withdrawal, consent of the other party, or decision by the tribunal.
6State the outcome. If the challenge fails, apply section 13(4): proceedings continue and an award is made.
7Add the remedy: section 34 application under section 13(5), and the Court's power on fees under section 13(6) if the award is set aside.

Quickest way: Agreement, 15 days, who decides, what next

When to use it: Use when you have little time and the facts are short.

Agreed procedure? If yes, apply it.
If no: written reasons to the tribunal within 15 days of awareness.
Withdrawal or consent ends it; else the tribunal decides.
Failed challenge: carry on to award, then section 34.
Award set aside: Court may decide the arbitrator's fees.

Common mistakes in Challenge Procedure (Section 13)

Saying the 15 days always apply.
Students memorise the default rule and skip section 13(1).
Fix: Always state first that parties may agree a procedure. The 15-day limit applies failing such agreement.
Counting 15 days from the date the circumstance arose.
The word 'awareness' is overlooked.
Fix: Count from when the party became aware of the tribunal's constitution or of the circumstance under section 12(3).
Sending the challenge to the Court.
Confusion with court powers elsewhere in the Act.
Fix: Under the default procedure, the written statement goes to the arbitral tribunal, which decides.
Saying the challenger can appeal at once if the tribunal rejects the challenge.
Students assume every adverse decision is appealable.
Fix: Section 13(4) says proceedings continue to an award. The challenger may apply under section 34 only after the award, as section 13(5) provides.
Mixing up sections 12 and 13.
Both deal with challenging an arbitrator.
Fix: Section 12 is grounds and disclosure. Section 13 is procedure and consequences.
Forgetting section 13(6) on fees.
It is the last sub-section and short.
Fix: Add one line: if the award is set aside on that application, the Court may decide whether the arbitrator is entitled to fees.

Worked examples

Example 1

Alpha Infra Ltd and Beta Steel Ltd have an arbitration clause with a three-member tribunal but no challenge procedure. On 3 March, Alpha learns that the presiding arbitrator holds shares in Beta. Advise Alpha on how to challenge and what happens if the tribunal rejects the challenge.

Show the solution

Provision: section 13(1) allows the parties to agree a procedure. The clause has none, so section 13(2) applies.
Analysis: Alpha must send a written statement of reasons to the arbitral tribunal within 15 days of becoming aware of the circumstance. It became aware on 3 March, so the statement must be sent within 15 days of that date.
The share-holding may give rise to justifiable doubts about independence or impartiality, which is a ground under section 12(3)(a).
Under section 13(3), unless the presiding arbitrator withdraws or Beta agrees to the challenge, the tribunal decides.
If the challenge fails, section 13(4) requires the tribunal to continue and make an award.

Answer: Alpha should send written reasons to the tribunal within 15 days of 3 March. If the challenge is rejected, the proceedings continue to an award, and Alpha may then apply to set it aside under section 34 as section 13(5) permits.

Example 2

In the Ravi–Meera dispute, the arbitration agreement says any challenge to an arbitrator must be made to the institution's committee within 30 days. Ravi sends a written challenge to the tribunal on day 20. The tribunal rejects it and makes an award. The Court later sets the award aside on Ravi's section 34 application. What is the position on procedure and fees?

Show the solution

Provision: section 13(1) lets the parties agree a procedure, so the 30-day committee procedure governs, not the 15-day default.
Analysis: Ravi sent his challenge to the tribunal, not the committee. He did not follow the agreed procedure, which may be a weakness in his challenge. The day-20 timing alone would have been within the agreed 30 days.
Section 13(4) applies to a challenge under an agreed procedure too, so if the challenge is unsuccessful the tribunal continues and makes an award.
Section 13(5) allows Ravi to apply under section 34 to set aside such an award.
Section 13(6): since the award was set aside on that application, the Court may decide whether the challenged arbitrator is entitled to any fees.

Answer: The agreed 30-day procedure governs under section 13(1), and Ravi should have used the committee. Once the award is set aside, the Court may decide the arbitrator's entitlement to fees under section 13(6).

Exam tips

Open every answer with party autonomy under section 13(1). Examiners look for it.
Write the number 15 and the words 'becoming aware' together.
Link sections 12, 13 and 34 in one flow: ground, procedure, remedy.
In case questions, note dates and compute the 15 days explicitly.
Close with the consequence: award continues, then section 34, then fees under section 13(6).

Practice questions from Challenge to Award and Appeals

Challenge Procedure (Section 13): frequently asked questions

What is the time limit to challenge an arbitrator under section 13?

If the parties have not agreed a procedure, you must send a written statement of reasons to the tribunal within 15 days. The period runs from when you become aware of the tribunal's constitution or of a circumstance under section 12(3).

Who decides the challenge to an arbitrator?

The arbitral tribunal decides, unless the challenged arbitrator withdraws or the other party agrees to the challenge. This is the default under section 13(3).

What happens if the challenge to the arbitrator is unsuccessful?

Under section 13(4), the tribunal continues the proceedings and makes an award. The challenger may then apply to set aside that award under section 34.

Can parties agree their own challenge procedure?

Yes. Section 13(1) lets them do so, subject to section 13(4). The 15-day procedure applies only where there is no such agreement.

Does the arbitrator get fees if the award is set aside?

Not automatically. Section 13(6) says the Court may decide whether the challenged arbitrator is entitled to any fees.