Time Limitation for Challenging an Arbitrator

Time Limitation for Challenging an Arbitrator

A disputing party who intends to challenge an arbitrator as a member of the arbitral tribunal may file a challenge to the arbitration institute within the specified time period. The Arbitration Law of the People’s Republic of China specifies the time periods under the following circumstances.

If a disputing party intends to challenge an arbitrator after the arbitrator has been selected or appointed, whether with or without any reason, the party may file a challenge before the first hearing is held. Otherwise, the challenge may be rejected unless the arbitration institute or the chairman believes that it is necessary or appropriate to remove the arbitrator from the case.

If a disputing party becomes aware of a cause for challenge after the first hearing is held, such party is also entitled to file a challenge; provided, however, that such a challenge should be filed before the last hearing is held. Otherwise, such party loses his right to challenge.

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Robert Zhang

An international lawyer registered in Shanghai, China. Master's degreePublish…

Steve Li

An international lawyer registered in Shanghai, China. Master's degreePublish…

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