Victorian Consolidated Legislation

Commercial Arbitration Act 1984 - SECT 45

Party not prevented from alleging that arbitrator appointed by that party is not impartial, suitable or competent

45. 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.