Part III — THE ARBITRAL TRIBUNAL
12.1 Confirmation. Every nominee arbitrator shall be confirmed by the Registrar before assuming office. Confirmation shall be granted on receipt of a signed Statement of Acceptance, Availability, Independence, and Impartiality in the form prescribed by the Centre.
12.2 Disclosure. Every arbitrator shall disclose, before accepting appointment and on a continuing basis thereafter, any circumstance likely to give rise to justifiable doubts as to independence or impartiality, including the circumstances set out in the Fifth and Seventh Schedules to the Act and any circumstance falling within the Orange or Red Lists of the IBA Guidelines on Conflicts of Interest in International Arbitration, 2024.
12.3 Grounds for Challenge. An arbitrator may be challenged if:
12.3.1 circumstances exist that give rise to justifiable doubts as to independence or impartiality; 12.3.2 the arbitrator does not possess the qualifications agreed by the parties; or 12.3.3 the arbitrator has, without cause, failed to meet timelines or act within the scope of authority.
12.4 Procedure. A challenge shall be made in writing to the Registrar within fifteen (15) days of the challenging party becoming aware of the grounds for challenge. The Registrar shall invite brief submissions from the challenged arbitrator and the other parties, and shall decide the challenge within twenty-one (21) days by reasoned decision. The decision of the Registrar is final for the purposes of the administration of the arbitration but shall not prejudice any right of recourse under the Act.
12.5 Replacement. Where an arbitrator is removed, resigns, or is unable to act, a replacement shall be appointed by the same method as the original appointment. The Tribunal, once reconstituted, shall determine whether and to what extent prior proceedings shall stand.
12.6 Screened Appointment. On joint party election, the Registrar shall operate a screened appointment mechanism in which the party making a nomination does not communicate that nomination to the nominee, the appointment being communicated by the Registrar. The mechanism is available on all Tracks.
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