Part II Arbitral Procedures to Control the Selection and Conduct of Arbitrators, Ch.6 Failure to Act, other Disruptions, and the Replacement of an Arbitrator
David D Caron, Lee M Caplan
- Settlement of disputes — Replacement of arbitrator — UNCITRAL Arbitration Rules
Lack of impartiality or independence in an arbitrator is not the only contingency that a set of arbitral rules must anticipate. An arbitrator's failure to perform his or her functions, resignation, absence, or death also have the potential to disrupt the arbitral proceedings. Article 12(3) addresses an arbitrator's failure to act or the impossibility of performing his or her functions. The problems of resignation, absence, and death have been dealt with extensively in the practice of the Iran–US Claims Tribunal. Article 14 establishes the procedures for...