Question

A written statement of reasons for the challenge to the arbitral tribunal has to be sent _____________.

• A. on becoming aware of the constitution of the arbitral tribunal
• B. on becoming aware of the reasons of challenge after the appointment of the arbitrator
• C. either (a) or (b)
• D. neither (a) nor (b)

Answer 1

The correct option is C either (a) or (b)

The arbitral tribunal, as per the Arbitration and Conciliation Act, `$1996$, can be challenged by any of the parties on grounds mentioned in section $12$ of the Act. The procedure of challenging has been provided by section $13$ of the act which says that a party who intends to challenge an arbitrator shall, within fifteen days after becoming aware of the constitution of the arbitral tribunal or after becoming aware of any circumstances referred in section $12$, send a written statement of the reasons for the challenge to the arbitral tribunal. Here the word 'or' has been used which means either on becoming aware of the constitution of the arbitral tribunal or on becoming aware of the reasons of challenge after the appointment of the arbitrator the party can send written statement for challenge.