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

Meridian Steels Ltd and Kaveri Infra Pvt Ltd have an arbitration agreement that says nothing about how an arbitrator may be challenged. On 3 March, Meridian learns that the sole arbitrator was constituted. On 10 March, it wants to challenge him. To whom, and in what form, should it send its challenge under the default procedure?

Under the default procedure the challenging party must send a written statement of the reasons for the challenge to the arbitral tribunal within fifteen days of becoming aware of the tribunal's constitution or of the circumstances giving rise to the challenge. It is not made to the Court or orally.

  1. AA written statement of reasons to the arbitral tribunal within fifteen days of becoming aware of its constitutionCorrect
  2. BAn oral request at the first hearing, to the other party
  3. CA written application directly to the Court within thirty days
  4. DA written statement of reasons to the opposing party within sixty days

Explanation

Where the parties have not agreed a challenge procedure, a party intending to challenge must, within fifteen days of becoming aware of the tribunal's constitution or of the circumstances in section 12(3), send a written statement of reasons to the arbitral tribunal. The tribunal, not the Court or the other party, is the recipient at this stage. Options naming the Court, an oral request or a 60-day window do not match the default procedure.

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