South Australian Consolidated Acts South Australian Consolidated Acts45—Party not prevented from alleging that arbitrator appointed by that
party is not impartial, suitable or competent
(1) A party to an
arbitration agreement is not prevented from alleging in any legal proceedings
with respect to the agreement that an arbitrator is not or may not be
impartial, suitable or competent by reason of a power of appointment having
been exercised by that party in relation to the appointment of that arbitrator
or by reason of facts or circumstances that that party knew or ought to have
known when exercising that power.
(2) For the purposes
of this section, where an arbitrator is named or designated in an
arbitration agreement, a party to the agreement shall be deemed—
(a) to
have exercised a power of appointment in relation to the appointment of that
arbitrator; and
(b) to
have exercised that power at the time when the party entered into the
arbitration agreement.