Document ID: chunk:federal_register_of_legislation:F2024N01028:clause:1_25
Version: federal_register_of_legislation:F2024N01028
Segment Type: clause
Provision Reference: sch 1 cl 25
Character Range: 23752–25013

25  Challenging the appointment of an arbitrator
 (1) A party may challenge the appointment of a Tribunal member to arbitrate a dispute on the ground of actual or apprehended bias.
         Note: The test for apprehended bias is whether a fair-minded observer might reasonably suspect that the decision-maker is not impartial.
 (2) A party that wishes to challenge the appointment of a Tribunal member must submit an application to the CEO within 7 days of being notified by the CEO of the appointment, or within a reasonable time in the circumstances, on becoming aware of the actual or apprehended bias.
 (3) The application must set out the reasons for the challenge.
 (4) If the Tribunal member has not ceased dealing with the dispute in the interim, the CEO is to decide the challenge, and notify the parties.
 (5) If the CEO is required to reconstitute the Tribunal for the purposes of dealing with the dispute, the CEO is required to comply with the principles determined under subsection 52(4) of the Act.
         Note: Section 16 of the Act and section 6 of the Rule deal with the disclosure of interests by Tribunal members. Subsection 6(4) of the Rule relevantly prohibits a Tribunal member who has a material interest from dealing with a dispute.