Hong Kong Regulations

LEVERAGED FOREIGN EXCHANGE TRADING (ARBITRATION) RULES - SECT 10

Challenge of arbitrator

Caution: This is a past version. See the current version here.

(1) The parties may challenge an arbitrator if circumstances exist to give
rise to justifiable doubts as to the arbitrator's impartiality or
independence.

(2) A party who proposes to challenge an arbitrator shall send his challenge
to the clerk, in writing, setting out the reasons for such challenge, with a
copy to the other party, within 14 days of the notification of the appointment
of the arbitrator in question or, if later, of his becoming aware of the
circumstances giving rise to doubts about the arbitrator's suitability.

(3) Where the other party concurs with the challenge posed or the challenged
arbitrator withdraws from the appointment, the challenged arbitrator shall
vacate his office and the provisions relating to the selection of an
arbitrator shall apply in full for the purposes of selecting a new arbitrator.
In neither case does this imply acceptance of the validity of the grounds for
the challenge.

(4) Where the other party does not concur with the challenge and the
challenged arbitrator does not withdraw, a decision on the challenge shall be
made by the chairman of the Arbitration Panel.

(5) If the chairman of the Arbitration Panel upholds the challenge, a new
arbitrator shall be selected in accordance with the provisions of section 9.
(Enacted 1994)