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

Orion Power Ltd's challenge to an arbitrator, made under the procedure agreed in the arbitration clause, is rejected by the tribunal. Orion wants to continue contesting the arbitrator's role. What is the position under the Act?

The tribunal must continue the arbitral proceedings and make an award. Orion's remedy is to apply to set aside that award under section 34 after it is made. There is no stay of proceedings or immediate appeal against the rejection.

  1. AThe tribunal must stay the proceedings until the Court rules on the challenge
  2. BThe tribunal must be reconstituted with a new arbitrator
  3. COrion may appeal at once to the Supreme Court
  4. DThe tribunal continues the proceedings and makes an award, and Orion may then apply to set the award aside under section 34Correct

Explanation

If a challenge under an agreed procedure or the default procedure is unsuccessful, the tribunal continues the proceedings and makes an award. The challenging party may then apply to set aside that award under section 34. There is no automatic stay, reconstitution or immediate appeal.

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