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

Mehta Infra Ltd challenges arbitrator Mr Rao under the default procedure in Section 13(2). Mr Rao does not withdraw, and the opposing party, Gomti Builders, does not agree to the challenge. Who decides the challenge?

The arbitral tribunal decides the challenge. Section 13(3) provides that unless the challenged arbitrator withdraws or the other party agrees to the challenge, the tribunal itself decides it. Court intervention comes only afterwards, through a Section 34 application against the award.

  1. AThe arbitral tribunalCorrect
  2. BThe Court at the seat of arbitration
  3. CThe Supreme Court directly
  4. DThe institution that appointed Mr Rao, in every case

Explanation

Under Section 13(3), unless the challenged arbitrator withdraws or the other party agrees to the challenge, the arbitral tribunal decides on the challenge. The Court becomes involved only later, through a Section 34 application after the award, as Section 13(5) provides.

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