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

Sunrise Textiles Ltd and Kaveri Exports Pvt Ltd have an arbitration clause that says nothing about how an arbitrator may be challenged. Kaveri learns on 1 March of the tribunal's constitution and has no other ground for challenge. Under Section 13, what must Kaveri do?

Failing an agreed procedure, Kaveri 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. The challenge goes to the tribunal first, not the Court, and it must be in writing.

  1. AApply directly to the Court within thirty days of the tribunal's constitution
  2. BSend a written statement of reasons for the challenge to the arbitral tribunal within fifteen days of becoming aware of its constitutionCorrect
  3. CSend an oral objection to the presiding arbitrator at the first hearing, with no time limit
  4. DWait until the award is made and then file an application under Section 34 only

Explanation

Where the parties have no agreed challenge procedure, Section 13(2) requires the challenging party to send a written statement of reasons to the arbitral tribunal within fifteen days of becoming aware of the tribunal's constitution or of the Section 12(3) circumstances. The Court is not approached first, and the challenge cannot be oral or open-ended.

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