Western Australian Consolidated Acts

COMMERCIAL ARBITRATION ACT 1985 - SECT 45

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.