(1) Subject to subsection (2), the parties are free to agree on a procedure for challenging the appointment of an arbitrator.

(2) Unless otherwise agreed upon in accordance with subsection (1), a party challenging the appointment of an arbitrator, shall within fifteen days of becoming aware of the constitution of the arbitral tribunal or after becoming aware of circumstances that justify the challenge of the appointment of an arbitrator, submit a written statement of the reasons for the challenge to the arbitrator and any other arbitrators.

(3) Unless the arbitrator whose appointment is challenged, withdraws from the arbitration or the other party to the arbitration agrees to the challenge, the arbitral tribunal shall decide on the challenge but in the case of a sole arbitrator

(a) where the arbitrator is appointed by an appointing authority, the appointing authority shall decide on the challenge,

(b) where the arbitrator is appointed by a party the party challenging the arbitrator may apply to the High Court for the determination of the challenge.

(4) Where a sole arbitrator’s appointment is successfully challenged the sole arbitrator shall cease to be the arbitrator for the case.

(5) Where the challenge of an arbitrator is from both parties, the appointing authority shall replace the arbitrator.