(1) The High Court may on an application on notice by a party to an arbitration remove an arbitrator where it considers it fit.

(2) The Court may make an order to remove an arbitrator where

(a) there is sufficient reason to doubt the impartiality of the arbitrator;

(b) the arbitrator does not possess the qualifications or experience required under the arbitration agreement or agreed to by the parties;

(c) the arbitrator is physically or mentally incapable or there is justifiable doubt as to the arbitrator’s capability to conduct the proceedings;

(d) the arbitrator has refused or failed to

(i) conduct the arbitral proceedings properly; or

(ii) use reasonable despatch in conducting the proceedings or making an award and substantial injustice has or will be caused to the applicant.

(3) Where the parties have by agreement vested the power of removal of an arbitrator in an appointing authority, the Court shall not entertain the application unless it is satisfied that the applicant has prior to the application, exhausted the available recourse.

(4) An application under subsection (2) shall operate as a stay of arbitral proceedings.

(5) The arbitrator may make representation to the Court in respect of the application.

(6) Where the Court upon conclusion of the hearing of the application, removes the arbitrator, it may make any orders that it considers appropriate for payment of fees and expenses of the arbitrator or the repayment by the arbitrator of any fees or expenses already paid to the arbitrator.