Section 16: Replacement of arbitrator

16. Replacement of arbitrator (1) Where the mandate of an arbitrator terminates under section 14 or 15 or because of his withdrawal from office for any other reason or because of the revocation of his mandate by agreement of the parties or in any other case of termination of his mandate save under section 12 (6), a substitute arbitrator shall, subject to this section, be appointed according to the procedure that was applicable to the appointment of the arbitrator being replaced. (2) Unless otherwise agreed by the parties, where a party or the other members of the arbitral tribunal consider that an arbitrator has resigned for unacceptable reasons or refuses or fails to act without undue delay, that party or the other members of the arbitral tribunal may apply to the PCA to request the replacement of the arbitrator or the authorisation for the other members of the arbitral tribunal to continue the arbitration without the participation of that arbitrator. (3) In determining how and whether to act under subsection (2), the PCA shall take into account the stage of the arbitration, any explanation made by the arbitrator for his conduct and such other matters as it considers appropriate in the circumstances of the case. (4) Where, following an application under subsection (2), the PCA decides that the arbitrator is to be replaced, the PCA shall decide whether the replacement should be made applying the procedure that was applicable to the appointment of the arbitrator being replaced or whether the PCA should itself appoint the substitute arbitrator, having regard to section 12 (7). I15A – 11 [Issue 2] International Arbitration Act