Question

Where there is a challenge to arbitrator under any procedure agreed upon by the parties, the Arbitral Tribunal shall ____________.

• A. send the matter to the court
• B. appoint any other arbitrator at its own discretion
• C. not continue the arbitral proceedings
• D. continue the arbitral proceedings and shall decide on the challenge

Answer 1

The correct option is D continue the arbitral proceedings and shall decide on the challenge

Section $13$ of the Arbitration and Conciliation Act, $1996$ provides for the procedure for challenging the arbitration where parties are free to agree upon a procedure for challenging an arbitrator. As per sub section $\left(4\right)$ of the section, if a challenge under any procedure agreed upon by the parties is not successful, the arbitral tribunal shall continue the arbitral proceedings and make an arbitral award.