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

In a dispute between Lakshmi Textiles and Zenith Exports, Lakshmi challenges the sole arbitrator under the default procedure. The arbitrator does not withdraw, and Zenith does not agree to the challenge. Who decides the challenge?

The arbitral tribunal decides the challenge. This happens when the challenged arbitrator has not withdrawn and the other party has not agreed to the challenge. Neither the Court nor the other party decides it at this stage.

  1. AThe High Court, on a reference by the arbitrator
  2. BThe arbitral tribunal itselfCorrect
  3. CThe Supreme Court, as the apex authority
  4. DZenith Exports, as the other party

Explanation

Unless the challenged arbitrator withdraws or the other party agrees to the challenge, the arbitral tribunal decides on the challenge. The Court has no role at this stage; it comes in only later through an application to set aside the award. The other party's role is limited to agreeing to the challenge, which Zenith has not done.

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