Western Australian Current Acts Western Australian Current Acts (1) The parties are
free to agree on a procedure for challenging an arbitrator, subject to
subsection (4).
(2) Failing such
agreement, a party who intends to challenge an arbitrator must, within 15 days
after becoming aware of the constitution of the arbitral tribunal or after
becoming aware of any circumstance referred to in section 12(3), send a
written statement of the reasons for the challenge to the arbitral tribunal.
(3) Unless the
challenged arbitrator withdraws from office or the other party agrees to the
challenge, the arbitral tribunal must decide on the challenge.
(4) If a challenge
under any procedure agreed on by the parties or under the procedure of
subsections (2) and (3) is not successful, the challenging party may request,
within 30 days after having received notice of the decision rejecting the
challenge, the Court to decide on the challenge.
(5) A decision of the
Court under subsection (4) that is within the limits of the authority of the
Court is final.
(6) While a request
under subsection (4) is pending, the arbitral tribunal, including the
challenged arbitrator, may continue the arbitral proceedings and make an
award.
Note for this section:
Section 13 (other than
subsection (5)) is substantially the same as Art 13 of the Model Law.
Subsection (5) makes it clear that, although a decision of the Court is
generally final, review of a decision of the Court that is not made within the
limits of its powers and functions is not precluded.