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Section 16

Failure or impossibility to act

of Arbitration Act 2005

ActIn forceProvision 16 of 49
Section 16

(1)

Where an arbitrator becomes in law or in fact unable to perform the functions of that office, or for other reasons fails to act without undue delay, that arbitrator’s mandate terminates on withdrawal from office or if the parties agree on the termination.

(2)

Where any party disagrees on the termination of the mandate of the arbitrator, any party may apply to the High Court to decide on such termination and no appeal shall lie against the decision of the High Court.

(3)

Where, under this section or subsection 15(2), an arbitrator withdraws from office or a party agrees to the termination of the mandate of an arbitrator, it shall not imply acceptance of the validity of any ground referred to in this section or subsection 14(3).

Arbitration 19