Repetition of proceedings after replacement of an arbitrator

Where a new arbitrator has been selected or appointed for any reason, the arbitral tribunal may decide, at its sole discretion or by majority, whether and to what extent the previous proceedings in the case will be repeated at the request of either party or on its own initiative. If the arbitral tribunal decides to repeat all the proceedings, the time-limit for rendering an arbitration award shall be recalculated from the date of such repetition. In the case of a sole arbitrator, the arbitration proceedings shall be repeated.

Liability of arbitrators. Where an arbitrator has committed a material violation of Article 34(4) or a violation of Article 58(6) of The Arbitration Law, he shall be held liable according to law and removed from the roster of arbitrators by the arbitration commission.

Note: The Arbitration Law states,

“Article 34 An arbitrator shall be removed from the case, and either party may challenge an arbitrator, if the arbitrator:

(4) has privately met with or accepted any hospitality or gift from either party or either party's representative.”

“Article 58 After an arbitration commission makes an award, either party may file a petition for vacation of the award to the intermediate people's court in the jurisdiction where the arbitration commission is located if the party has evidence to prove that:

(6) the arbitrator or arbitrators making the award solicited or accepted bribes, committed malpractices for personal gain, or perverted the law in making the award.”