Replacement of Arbitrators

Where an arbitrator becomes unable to serve in accordance with the requirements of or within the time period specified in the applicable arbitration rules due to removal, health condition, resignation, retirement, or other reasons, the chairman of the arbitration commission, at his sole discretion, shall decide whether to remove the arbitrator from the case with or without stating the reason. After an arbitrator is removed, a new arbitrator shall be selected or appointed in accordance with the provisions of The Arbitration Law and the applicable arbitration rules.

Sometimes, a separate time period is specified for such replacement. For example, SCIA Arbitration Rules states, “If the arbitrator to be replaced was appointed by a party, the party shall appoint a substitute arbitrator in the same manner as that of appointing the original arbitrator within five 5 days from the date of the receipt of the notice of replacement; if the party fails to appoint a substitute arbitrator within the prescribed time-limit or if the arbitrator to be replaced was appointed by the President of the SCIA, the substitute arbitrator shall be appointed by the President of the SCIA.”