Arbitrators shall disclose any circumstances that might cast doubt on their impartiality or independence or that contradict the parties’ agreement. If such circumstances exist, the arbitrator may be challenged. Further circumstances beyond these statutory grounds for challenge may, of course, be agreed by the parties.
The challenge procedure itself is again subject to the will of the parties. However, in the absence of such an agreement, the challenging party may, within four weeks of becoming aware of the composition of the tribunal or of a ground for challenge, submit the grounds for challenge to the arbitral tribunal in writing. If the arbitrator in question does not withdraw or if the other party does not agree to the challenge, the arbitral tribunal itself shall decide on the challenge. If the challenge nevertheless remains unsuccessful, the decision may be appealed to the Supreme Court within four weeks.
