Page:Arbitration Act 2001.pdf/15

Rh (3) While an application to the Court under this section is pending, the arbitral tribunal, including the arbitrator concerned may continue the arbitration proceedings and make an award.

(4) Where the Court removes an arbitrator, the Court may make such order as it thinks fit with respect to his entitlement, if any, to fees or expenses, or the repayment of any fees or expenses already paid.

(5) The arbitrator concerned is entitled to appear and be heard by the Court before it makes any order under this section.

(6) No appeal shall lie against the decision of the Court made under subsection (4).

Arbitrator ceasing to hold office

17.—(1) The authority of an arbitrator shall cease upon his death.

(2) An arbitrator shall cease to hold office if—
 * (a) he withdraws from office under section 15 (3);
 * (b) an order is made under section 15 (4) for the termination of his mandate or his removal;
 * (c) he is removed by the Court under section 16 or by an institution referred to in section 16 (2); or
 * (d) the parties agree on the termination of his mandate.

(3) The withdrawal of an arbitrator or the termination of an arbitrator’s mandate by the parties shall not imply acceptance of the validity of any ground referred to in section 14 (3) or 16 (1).

Appointment of substitute arbitrator

18.—(1) Where an arbitrator ceases to hold office, the parties are free to agree—
 * (a) whether and if so how the vacancy is to be filled;
 * (b) whether and if so to what extent the previous proceedings should stand; and
 * (c) what effect (if any) his ceasing to hold office has on any appointment made by him (alone or jointly).

(2) If or to the extent that there is no such agreement, the following subsections shall apply.

(3) Section 13 (appointment of arbitrators) shall apply in relation to the filling of the vacancy as in relation to an original appointment.