(1) The Secretary may, subject
to the regulations, remove an arbitrator who has been appointed under
section 69G or 69HA (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.
