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September 02, 2014
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13.1    Relevant circumstances
An arbitrator may be challenged if there is any circumstance that gives rise to justifiable doubts as to her/his independence or impartiality. An arbitrator may also be challenged if she/he does not possess the qualifications agreed to by the parties.

A party may challenge an arbitrator appointed by him/her, or in whose appointment she/he participated, only for reasons of which she/he becomes aware after the appointment has been made.

13.2    Notice of challenge, time limit

A party who intends to challenge an arbitrator shall submit a notice of her/his challenge to the Tribunal, the other party or parties, and the General Secretariat within 15 (fifteen) calendar days after receipt of the notification referred to in Rule 10.7(Notification of constitution of Tribunal) or within 15 (fifteen) calendardays after she/hebecame aware of the circumstances mentioned in Rule 13.1(Relevant circumstances).
The notice shall state the reasons for the challenge.

13.3    Comments on challenge
The challenged arbitrator, the other party and any other members of the Tribunal, if any, may submit comments on the challenge to the Tribunal, the other party or parties, and the General Secretariat within fifteen 15 (fifteen) days following its receipt of the notice of challenge.

13.4    Withdrawal by the challenged arbitrator and decision by the Tribunal

When an arbitrator has been challenged by 1 (one) party, the other party may agree to the challenge and, if there is such agreement, the arbitrator shall withdraw. The challenged arbitrator may also withdraw in the absence of such agreement. In neither case does withdrawal imply acceptance of the validity of the grounds for the challenge.

The challenged arbitrator shall notifythe parties, any other members of the Tribunal and the General Secretariat of her/his response to the challenge within 7 (seven) calendar days after receipt of the comments on the challenge or from the lapse of the period provided for submission of comments.
In the case of a one-member Tribunal, if the challenged arbitrator gives notice to the challenging partythat she/he refuses to withdraw from the Tribunal, the challenging party may appeal to NCAC, through its General Secretariat, within 30 (thirty) calendar days from receipt of the refusal notice.

In the case of a multiple-member Tribunal, if the challenged arbitrator notifiesthe other members of the Tribunal that she/he refuses to withdraw from the Tribunal, the Tribunal shall decide about the challenge within 7 (seven) calendar day from receipt of the refusal notice. In case the Tribunal decides to reject the challenge, the challenging party may appeal to NCAC, through its General Secretariat, within 30 (thirty) calendar days from the receipt of the Tribunal decision.

13.5    Decision on challenge by NCAC
NCAC, through its Appointment Committee, shall decide on appeal concerning the challenge of arbitrator within 15 (fifteen) calendar days after the date of the appeal received by the General Secretariat.
If the Appointment Committee rejects the challenge, the arbitrator shall continue her/his duties as arbitrator. If the Appointment Committee sustains the challenge, the arbitrator’s mandate is terminated effectively on the date of the decisionand Rule 15 (Replacement of arbitrators) shall apply.

13.6    No Appeal and Notification
The decision of NCAC, through its Appointment Committee, does not need to be reasoned. It shall be final and not be subject to any appeal. The General Secretariat shall notify the parties and the Tribunal of NCAC decision.
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