Article 18. Challenge procedure
On international commercial arbitration (ZRU-674-son) · Date: 16.02.2021 · In force
The parties shall be entitled to agree at their discretion on a procedure for challenging an arbitrator, subject to the provisions of part 3 of this Article.
In the absence of such agreement, a party intending to challenge an arbitrator shall notify the reasons for the challenge in a written statement to the arbitral court within fifteen days after becoming aware of the formation of the arbitral court or of any of the circumstances referred to in part 2 of Article 17 of the present Law. Unless the arbitrator subject to challenge refuses from being appointed or the other party agrees to the challenge, the decision on the challenge shall be made by the arbitral court.
If in applying any procedure agreed upon by the parties or the procedure provided for in part 2 of this Article the challenge is not satisfied, the party making the challenge may - within thirty days from the date of receipt of the notification of the decision rejecting the challenge - file an application to the court for the satisfaction of the challenge. The court decision with respect to this plea shall not be subject to appeal.
While such an application is pending its resolution, the arbitral court - including the challenged arbitrator - shall be entitled to continue the arbitral proceedings and make an arbitral award.
