Article 17. Withdrawal of the arbitrator The Law on Arbitration

Home / RLA / Article 17. Withdrawal of the arbitrator The Law on Arbitration

1. If the arbitrator does not comply with the requirements of Article 13 of this Law, the parties may challenge the arbitrator.

2. The following circumstances that cast doubt on an arbitrator's impartiality and/or competence are also grounds for challenging an arbitrator, if:

1) a person closely associated with the arbitrator is a party to the dispute, or the arbitrator may otherwise expect significant benefits or damages for himself, depending on the outcome of the dispute;

2) the arbitrator or a person closely associated with him is the head of a legal entity, its branch or representative office, which is a party to the dispute, or otherwise represents a party or other person who can expect significant benefits or damages depending on the outcome of the dispute;

3) the arbitrator acted as an expert or otherwise determined his position in the dispute in advance or assisted the party to the dispute in preparing or presenting his position;

4) the arbitrator has received or demanded remuneration in connection with the consideration of the case, which is not provided for by this Law;

5) the arbitrator unreasonably fails to comply with the terms of the arbitration proceedings.

For the purposes of this Law, a closely related person is a person who is the spouse of an arbitrator or his close relative, an associate or employee of a permanent arbitration court, is in an employment or other contractual relationship with an arbitrator, or has other ties indicating his dependence on the arbitrator.

3. If an individual is contacted in connection with his possible election (appointment) as an arbitrator, the said person must inform about the existence of circumstances that are grounds for his recusal in accordance with Article 13 of this Law. In the event that these circumstances arise during the arbitration proceedings, the arbitrator must immediately inform the parties about this and recuse himself.

4. A party may challenge an arbitrator chosen by it in accordance with this article only if the circumstances that are the grounds for the challenge have become known to the party after the formation of the arbitral tribunal to consider the case.

5. In permanent arbitration, the procedure for challenging an arbitrator may be determined by its rules of procedure.

6. In arbitration, to resolve a specific dispute, the procedure for challenging an arbitrator may be agreed upon by the parties.

7. If the procedure for challenging an arbitrator has not been agreed upon by the parties or determined by the rules of permanent arbitration, a written reasoned statement on the challenge of the arbitrator must be submitted by the party to the arbitration within thirty calendar days after the party became aware of the circumstances that are the grounds for the challenge.

If the challenged arbitrator refuses to satisfy him or one of the parties does not agree with the withdrawal of the arbitrator, the issue of withdrawal shall be resolved by the arbitrators who are part of the arbitration within ten calendar days from the date of receipt of the written reasoned statement of the party.

The issue of the challenge of the arbitrator considering the dispute alone is resolved by this arbitrator.

If the arbitrator considering the dispute alone refuses to satisfy the request of one or both parties for withdrawal, or one of the parties does not agree with the withdrawal of the arbitrator, the issue of withdrawal is resolved by the parties agreeing to terminate the arbitration proceedings in this arbitral tribunal.

The Law of the Republic of Kazakhstan dated April 8, 2016 No. 488-V SAM.

This Law regulates public relations arising in the course of arbitration activities in the territory of the Republic of Kazakhstan, as well as the procedure and conditions for the recognition and enforcement of arbitral awards in Kazakhstan.

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases