Time limit for challenge to arbitrators

The Arbitration Law states that a challenge of an arbitrator shall be filed before the first hearing, or may be filed before the closing of the last hearing if the reasons for challenge become known to the challenging party after the first hearing. According to the arbitration rules of CIETAC, SHIAC, SCIA, ZCIA (Zhuhai Court of International Arbitration), etc., the time period for a party to submit a written challenge of an arbitrator is 10 days upon receipt of the declaration and/or written disclosure of the arbitrator.

The arbitration rules of CIETAC and SHIAC also specify two time periods for challenge, i.e., 15 days from the date of receipt of the notice of composition of arbitral tribunal or from the date when a party becomes aware of the facts and reasons for a challenge, but no later than the conclusion of the last hearing. For more detailed rules pertaining to the time periods for challenging arbitrators, please refer to the applicable arbitration rules.

The written challenge will be sent to the arbitrator who is challenged, the other arbitrators of the tribunal, if any, and the other party for comments on the challenge. The challenged arbitrator may choose to be removed from the case on his own initiative, or shall be removed if the other party agrees on the challenge or in any case specified in Article 34 of The Arbitration Law. But neither the arbitrator’s choice nor the parties’ agreement implies that the challenge is sustainable. Whether an arbitrator is to be removed from a case shall be decided by the chairman of the arbitration commission, or collectively decided by the arbitration commission if the chairman serves as an arbitrator of the case.