Section 14: Procedure for challenge of arbitrator
consolidated text (as at 2013). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
14. Procedure for challenge of arbitrator
(1) Subject to subsections (3) and (4), the parties shall be free to agree
on a procedure for challenging an arbitrator.
(2) Failing an agreement pursuant to subsection (1)—
(a) a party who intends to challenge an arbitrator shall, within
15 days after becoming aware of the constitution of the arbitral
tribunal or after becoming aware of any circumstance referred to
in section 13 (3), send a written statement of the reasons for
the challenge to the arbitral tribunal; and
(b) unless the challenged arbitrator withdraws from his office or the
other party agrees to the challenge, the arbitral tribunal shall decide on the challenge.
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Revised Laws of Mauritius
(3) Where a challenge under any procedure agreed by the parties or under the procedure set out in subsection (2) is not successful, the challenging
party may, within 30 days after having received notice of the decision rejecting the challenge, request the PCA to decide on the challenge.
(4) While a request under subsection (3) is pending, the arbitral tribunal,
including the challenged arbitrator, may continue the arbitral proceedings and
make one or more awards.