(1) The parties are free to agree on a procedure for challenging an arbitrator, subject to subsection (3) of this section.
(2) Failing such agreement, a party who intends to challenge an arbitrator shall, within fifteen (15) days after becoming aware of the constitution of the arbitral tribunal or after becoming aware of any circumstance referred to in § 3243b of this title, send a written statement of the reasons for the challenge to the arbitral tribunal. Unless the challenged arbitrator withdraws from his/her office or the other party agrees to the challenge, the arbitral tribunal shall decide on the challenge.
(3) If a challenge under any procedure agreed upon by the parties or under the procedures of this section is not successful, the challenging party may request, within thirty (30) days after having received notice of the decision rejecting the challenge, the court specified in § 3241f of this title, to decide on the challenge. The decision of the court is not appealable. While such a request is pending, the arbitral tribunal, including the challenged arbitrator, may continue the arbitral proceedings and make an award.
History —Jan. 5, 2012, No. 10, § 3.04.