34.
The decision of the Neutral Appointing Authority under Section 33 is final and is not
subject to appeal.
35.
While a request under Section 33 is pending, the Arbitral Tribunal, including the
challenged arbitrator, may continue the arbitral proceedings and make an Arbitral Award
unless:
a) the costs occasioned by proceeding before the decision of the Neutral Appointing
Authority is made would unduly prejudice the Parties; or
b) the Parties agree otherwise.
Failure or Impossibility to Act
36.
The mandate of an arbitrator terminates if the arbitrator becomes unable at law, or as a
practical matter, to perform the arbitrator's functions, or for other reasons fails to act
without undue delay.
37.
If a controversy remains concerning any of the grounds referred to in Section 36, a Party
may request the Neutral Appointing Authority to decide on the termination of the
mandate.
Termination of Mandate and Substitution of Arbitrator
38.
In addition to the circumstances referred to under Sections 31 to 33 and 36, the mandate
of an arbitrator terminates:
a) if the arbitrator withdraws from office for any reason; or
b) by, or pursuant to, agreement of the Parties.
39.
If the mandate of an arbitrator terminates, a replacement arbitrator must be appointed
under Sections 19 to 25, as applicable.
40.
If a single or chairing arbitrator is replaced, any hearings previously held must be
repeated.
41.
If an arbitrator other than a single or chairing arbitrator is replaced, any hearings
previously held may be repeated at the discretion of the Arbitral Tribunal.
42.
An order or ruling of the Arbitral Tribunal made before the replacement of an arbitrator
under Section 39 is not invalid solely because there has been a change in the composition
of the tribunal.
Competence of Arbitral Tribunal to Rule on Its Jurisdiction
43.
An Arbitral Tribunal may rule on its own jurisdiction.
44.
A plea that an Arbitral Tribunal does not have jurisdiction must be raised not later than
the submission of the statement of defence; but a Party is not precluded from raising that
plea by the fact that the Party has appointed, or participated in the appointment of, an
arbitrator.
45.
A plea that an Arbitral Tribunal is exceeding the scope of its authority must be made as
soon as the matter alleged to be beyond the scope of its authority is raised during the
arbitral proceedings.
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