158BRemoval of Arbitration Panel arbitrator

#### 158B Removal of Arbitration Panel arbitrator 158B Removal of Arbitration Panel arbitrator > > (1) The Secretary may, subject to the regulations, remove an arbitrator who has been appointed under section 144 or 145A (7) (b) if, after an investigation by the Secretary following a complaint, the Secretary is satisfied— > > > > > (a) that— > > > > > > > (i) circumstances exist that give rise to justifiable doubts as to the arbitrator’s impartiality, or > > > > > > > (ii) the arbitrator is incapable of conducting the proceedings or there are justifiable doubts as to the arbitrator’s capacity to do so, or > > > > > > > (iii) the arbitrator has refused or failed properly to conduct the proceedings, and > > > > > (b) that substantial injustice has been caused or will be caused to one or more of the parties. > > > (2) If an arbitrator has been removed under subsection (1), the arbitrator’s mandate is taken to have been terminated and a substitute arbitrator is to be appointed— > > > > > (a) by the parties, or > > > > > (b) by the Secretary, but only if the parties have been unable to agree on the appointment of an arbitrator by the end of 7 days after the removal. > > > (3) The regulations may make provision for or with respect to the removal of arbitrators under this section, including, but not limited to— > > > > > (a) the making of complaints to the Secretary, and > > > > > (b) investigations by the Secretary of complaints. > > **s 158B:** Ins 2015 No 41, Sch 1 \[22\].