Art. 12 PCA Arb

PCA Arb
Permanent Court of Arbitration - Arbitration Rules 2012

ZivilrechtZivilprozessrecht

Any arbitrator may be challenged if circumstances exist that give rise to justifiable doubts as to the arbitrator’s impartiality or independence.

A party may challenge the arbitrator appointed by it only for reasons of which it becomes aware after the appointment has been made.

In the event that an arbitrator fails to act or in the event of the de jure or de facto impossibility of his or her performing his or her functions, the procedure in respect of the challenge of an arbitrator as provided in article 13 shall apply.

If an arbitrator on a tribunal of three, five, or more persons fails to participate in the arbitration, the other arbitrators shall, unless the parties agree otherwise, have the power in their sole discretion to continue the arbitration and to make any decision, ruling or award, notwithstanding the failure of one arbitrator to participate. In determining whether to continue the arbitration or to render any decision, ruling or award without the participation of an arbitrator, the other arbitrators shall take into account the stage of the arbitration, the reason, if any, expressed by the arbitrator for such non-participation, and such other matters as they consider appropriate in the circumstances of the case. In the event that the other arbitrators determine not to continue the arbitration without the non-participating arbitrator, the arbitral tribunal shall declare the office vacant, and, subject to article 14, paragraph 2, a substitute arbitrator shall be appointed pursuant to the provisions of articles 8 to 11, unless the parties agree on a different method of appointment.

Quelle: PCA

Import: 23.11.2024