Part 3Composition of arbitral tribunal

Part 3 Composition of arbitral tribunal Commercial Arbitration (National Uniform Legislation) Act 2011 12 circumstance referred to in section 12(3), send a written statement of the reasons for the challenge to the arbitral tribunal. (3) Unless the challenged arbitrator withdraws from office or the other party agrees to the challenge, the arbitral tribunal must decide on the challenge. (4) If a challenge under any procedure agreed on by the parties or under the procedure of subsections (2) and (3) is not successful, the challenging party may request, within 30 days after having received notice of the decision rejecting the challenge, the Court to decide on the challenge. (5) A decision of the Court under subsection (4) is final. (5A) However, subsection (5) does not limit judicial review. (6) While a request under subsection (4) is pending, the arbitral tribunal, including the challenged arbitrator, may continue the arbitral proceedings and make an award. Note for section 13 Section 13 (other than subsection (5A)) is substantially the same as Art 13 of the Model Law. Subsection (5A) makes it clear that although subsection (5) excludes appeal rights, it does not preclude judicial review of a decision of the Court.