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CS Professional · Arbitration, Mediation and Conciliation · Challenge to Award and Appeals

Delta Pharma Ltd's challenge to arbitrator Ms Iyer under Section 13 is rejected by the tribunal. Delta wants to stop the proceedings and go to Court at once. What is the correct position?

The tribunal continues the proceedings and makes the award. Delta's remedy comes after the award, when it may apply under Section 34 to set the award aside, as Section 13(5) allows. An unsuccessful challenge does not suspend the arbitration or terminate it.

  1. AThe tribunal must stop proceedings until the Court rules on the challenge
  2. BThe tribunal continues the proceedings and makes an award, and Delta may then apply under Section 34 to set it asideCorrect
  3. CDelta must restart the challenge before a new tribunal
  4. DThe arbitration stands terminated automatically

Explanation

Section 13(4) says that if the challenge is unsuccessful, the tribunal continues the proceedings and makes an award. Under Section 13(5), the challenging party may then apply to set aside that award under Section 34. The proceedings do not pause for a Court ruling.

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